Florida Injury Lawyer Blog

Auto Child Booster Seats Receive New Ratings

December 28, 2009 | Associates and Bruce L. Scheiner

The Insurance Institute for Highway Safety just announced new ratings for child booster seats, and the findings could prove vital in keeping your kids safe while in your car. The agency tested 60 different brands of seats, and rated them as “Best Bets”, “Good Bets” and some they do not recommend at all.

Parents should not use just a simple visual inspection or price comparison to select the best option for their children. By researching the IIHS findings, parents can make a much more educated choice for kids who have outgrown child restraints. “We’re confident we’re giving consumers a solid overview of what they’ll find when they shop for their children,” says Anne McCartt, Institute senior vice president for research, adding that “parents don’t need to dig deep into their pocketbooks to buy a booster with good all-around belt fit.”

The Institute assessed the boosters using a specially outfitted crash test dummy representing an average-size 6-year-old child. Engineers measured how 3-point lap and shoulder belts fit the dummy in each of the 60 boosters under 4 conditions spanning the range of safety belt configurations in vehicle models. Each booster gets 4 scores for lap belt fit and 4 for shoulder belt fit. The overall rating for each booster is based on the range of scores for each measurement. Child booster seats are made in two main styles – those with high backs and those with just a base pedestal seat. Some are convertible models, with high backs that can be removed.

Vehicle Airbags: What You May Not Know…

December 23, 2009 | Associates and Bruce L. Scheiner

Since the invention of the airbag restraint system in the 1970’s, it is true that it has saved the lives of people involved in car crashes. But, some people may not know that the safety feature found now in virtually all cars and passenger trucks can cause serious injuries under some circumstances.

The airbag is deployed in an explosion of a small cartridge that causes the bag to inflate in a fraction of a second. If the driver or passenger is too close to the airbag, or if it is not aimed correctly towards the sternum or chest area, serious injury or even death can occur. Even in event of emergency braking before the impact of a collision, an improperly or unrestrained vehicle occupant is thrown directly towards the airbag module, resulting in an increased risk of serious injury at implosion of the device. If you place an object on top of the passenger side dashboard, where airbags are generally stored, you’re creating a projectile that is thrown toward the occupant at incredible force.

The National Highway Traffic Safety Administration, (NHTSA), recommends drivers sit with at least 10 inches between the center of their breastbone and the center of the steering wheel. Children 12 and under should always ride properly restrained in a rear seat. Never put a rear-facing infant restraint in the front seat of a vehicle with a front passenger air bag. A rear-facing infant restraint places an infant’s head close to the air bag module, which can cause severe head injuries or death if the air bag deploys.

Southwest Florida Streets In Need of More Pedestrian Planning

December 16, 2009 | Associates and Bruce L. Scheiner

With the popular movement to “go green” and help reduce their impact on the environment, many people in Southwest Florida are embracing the more pedestrian methods of transportation – literally. High gas prices and the effort to leave a smaller carbon footprint in their wake are pushing many to seek out alternative ways to get from point A to point B – most notably, by riding a bicycle or simply walking.

However, with the urban sprawl and heavy traffic found in Southwest Florida, the mix of motor vehicles with bicyclists and people on foot can prove to be dangerous, if not deadly. While people may get satisfaction from trying to be more eco-friendly, they are often putting their lives at risk by walking or riding their bikes around our area.

The problem is that very little forethought went into the road planning and real estate development rush of years past when it comes to bicyclists and pedestrians. The lack of sidewalks, underpasses and other thoroughfares designed specifically for bikes and walkers forces them onto the streets, where the interaction with cars and trucks turns into a high-risk cat and mouse game. Those who advocate the use of bikes or walking locally are pushing for new ideas in urban planning, aimed at addressing the need for safer ways to get around, and saving lives in the process. In 2007 and 2008, 32 pedestrians and 10 bicyclists were killed in accidents involving motor vehicles in Lee County alone. The National Safety Council estimates that the cost of such an accident, when factoring in the cost of the accident itself and the economic impact of the loss of a productive life, to be around $4 million. City and County planners and engineers point out that designing and building new roads and sidewalks for the safety of cyclists and pedestrians is expensive, and even retrofitting our current infrastructure can carry a hefty price tag. Clearly, the cost of not doing so needs to be fully understood.

Sky Safety: Are Regional Airlines as Safe as Major Carriers?

December 9, 2009 | Associates and Bruce L. Scheiner

They used to service the small towns and rural areas where the large commercial airlines did not provide service, and some used the term “puddle jumpers” to refer to commuter or small, regional airline services. Today, as a result of the economy, mergers and some larger airline companies going belly up, regional airlines are a growing segment of the air transportation industry. However, many passengers, as well as the Federal Aviation Administration, are concerned that the safety standards of both the airplanes and the pilots that fly them may not be up to those of the big commercial carriers.

Almost half of all the flights in the country are operated by regional airlines, and they transport 160 million passengers per year – an increase of 40 percent since 2003. All of the major airlines, such as American, Delta, United, Continental, and US Airways utilize smaller regional carriers to fulfill their routes. Oftentimes, a passenger is unaware that when they purchase a ticket on a major carrier, they will actually be flying a “partner” airline, even though Federal law requires that disclosure. In most cases, regional carriers operate under the names or two-letter codes of the major airlines that hire them. Countless travelers are often surprised when they arrive at their departure gate and see a small, 50-seat aircraft when they were expecting a full-sized commercial jet. Today, it is not uncommon for smaller, regional jets to be used for longer flights than in years past, some for duration of three hours or more.

Some recent incidents involving regional airlines have caused Congress and government regulators to take notice. In February, a flight operated by Colgan Air, owned by a company called Pinnacle Airlines, crashed in Buffalo, New York, killing all 49 people on board, and one on the ground. Investigation of the accident unearthed that the pilots may have had inadequate training and actual flight hours, which may have been a major factor in how they reacted to the warning they received that the plane was about to stall due to icing conditions. The crash has served as a wake-up call for the FAA and those who police the air travel industry, bringing to light serious concerns about pilot training, compensation, hiring practices and even the number of hours a regional pilot and crew are working on each shift of duty. The major carriers require that a pilot applying to fly for them typically have 5,000 to 7,000 hours of flight time under their belts. With the commuter airlines, the standards are much lower – Colgan Air has a pilot on staff that was hired with less than 500 hours of flying time – and that wasn’t even the lowest number of hours among those in his new-hire training class. Captain Chesley “Sully” Sullenberger in his book Highest Duty: My Search for What Really Matters comments that, “Regional airlines will now take someone with 200 hours of flying experience and make him or her a first officer.”

Florida Highway Patrol Announces Results of Thanksgiving Holiday Crackdown

December 7, 2009 | Associates and Bruce L. Scheiner

Over the five day Thanksgiving Holiday period, the Florida Highway Patrol instigated a crackdown on Florida’s roads and highways. Statistics have shown that this holiday is the deadliest time of the year for drivers, due to the increased traffic caused by the large numbers of drivers traveling to family gatherings statewide. Unfortunately, alcohol and drug-impaired motorists are also more prevalent during the peak Thanksgiving travel period.

Because budgetary constraints are hampering the number of officers the FHP has on area roadways, administrative personnel were assigned road duty to assist with the Thanksgiving crackdown. The agency reports that 21 people lost their lives over the holiday period. Just under 8,000 citations were written, with almost 6,000 issued for speeding offenses. Additionally, 157 arrests were made for driving under the influence.

“The Florida Highway Patrol enhanced our patrols to remove unsafe drivers from the streets so that families could reach their destinations safely and enjoy the holiday with friends and loved ones,” said Colonel John Czernis, the agency’s Director. “Throughout the holiday season we will continue our enhanced enforcement efforts, with special emphasis on impaired drivers. Motorists should always designate a sober driver if they plan to consume alcohol.”

Reckless Driving A Serious Offense in Florida

December 4, 2009 | Associates and Bruce L. Scheiner

While a large amount of media attention is directed towards accidents caused by a drunk or impaired driver, the offense of reckless driving is equally as serious, and many people are unaware of the definitions and consequences of this crime.

As an example, even speeding, under certain circumstances, can result in a reckless driving charge in Florida. If you are found to be exceeding the posted speed limit by 25 miles per hour or more, you may be charged with not only speeding, but reckless driving, as well. Florida statutes differentiate between “careless driving” and “reckless driving”. Reckless driving is a more serious offense, and involves circumstances defined as “driving with a willful or a wanton disregard for the safety of persons or property,” or in similar terms. For a complete reference to Florida’s reckless driving statutes, click here.

One offense that can result in a reckless driving charge is racing your vehicle with that of another driver. “Drag racing” is not a new occurrence on the nation’s roadways. The dangerous activity came into popularity in the 1950’s in California, where a group of generally younger car enthusiasts would gather on weekends to engage in competitions to determine whose car was faster. Sadly, the practice still continues, and today’s cars are so far advanced in horsepower and technology, that the results can be deadly. Today’s younger drivers often lament the lack of a sanctioned, legal venue at which they can test their car’s performance, and resort to secluded public roads to challenge other drivers. Intoxicated by adrenaline and the socially-charged atmosphere, they seldom think about how this reckless behavior is not only illegal, but also that an accident could result in a life changing injury or even death.

“Lots” of Accidents: Injuries and Damage Occur even in a Parking Lot

December 2, 2009 | Associates and Bruce L. Scheiner

Many people feel they are safe from being in an accident caused by a careless or impaired driver once they safely pull into the parking lot of their destination. The fact is, many accidents actually happen in parking lots. Pedestrians are seriously injured, and vehicles sustain considerable damage – just as they do on area roadways. The Washington Post reported in October, 2009 that one fifth of pedestrian accidents in their area are occurring in parking lots.

Thoughtless drivers who think the rules of safe driving do not apply to them are the most notorious when it comes to parking lot accidents. Because they are not on an actual street or road, they think the painted lines that delineate the parking lot areas are a “suggestion” of where to drive. We have all seen the hurried driver who cuts diagonally across the lot markings, which are there to indicate where vehicles should park. Not coincidentally, you will discover that these are the same drivers who often occupy two parking spaces with their one vehicle. While there are some who choose to park this way in order to avoid a potentially damaging ding to their shiny luxury car, there are still others who practice this inconsiderate parking technique absent-mindedly, with no regard for the inconvenience of others. Parking near them is almost sure to result in a banged up door or fender on your car.

Many drivers are in a hurry to get where they are going, and this becomes even more prevalent with the hustle and bustle of the Holiday Season. Mall shoppers are racing from one plaza to the next, chasing bargains. This results in people driving at a speed that is not safe for parking lots. People, and most often young children, can dart out from between vehicles, directly into the path of an oncoming car. There are also many drivers who do not adequately check behind their vehicle before backing out of their space. Not only could there be another car approaching with a driver who does not notice the car backing out, but there may be a pedestrian distracted by the hectic pace of shopping that does not notice the car is backing towards them. Injuries from these types of incidents can be extremely serious.

Airplane Cabin Pressure

November 30, 2009 | Associates and Bruce L. Scheiner

The holidays are here and December is a particularly busy month for the airline industry as we travel to visit family and friends across the United States.

Cabin air pressure can present problems for these travelers. The fuselage of a jet is a pressure vessel. Between every normal takeoff and landing, the cabin pressurizes and depressurizes. While cruising to their destinations, passengers need air (with oxygen) pumped into the cabin to breath. After compressing and cooling it, the engine(s) supply the breathable air. Although the altitude of a Boeing 737 will reach 41,000 feet, the passenger cabin typically attains only 8,000 feet.

Why don’t the pilots pump more air into the cabin, keeping the interior “atmosphere” near sea level? They don’t do this because the pressure differential between the thin outside air and the dense cabin air would be too great, placing excessive stress on the fuselage. As an overfilled balloon pops, a fuselage with too much cabin pressure will crack or burst open. For a B737, relief valves will open automatically to prevent the cabin differential pressure from exceeding 9.1 pounds per square inch (psi). In rare cases, due to undetected structural fatigue, fuselage skins fail even under ordinary conditions. In July a Southwest Airlines Boeing 737-300 depressurized after a one-foot hole appeared in its upper fuselage. Fortunately, the aircraft was diverted and landed safely.

A Season to Give Thanks

November 25, 2009 | Associates and Bruce L. Scheiner

It is during trying economic times like these that many may feel there is nothing in their lives to be thankful for and little reason to celebrate Thanksgiving. We feel that this year, the importance of being surrounded by family and friends, no matter the circumstances, is more important than ever.

The size of your turkey or the amount of side dishes on your table is not the real reason to give thanks. We hope you are able to spend the day enveloped in love for one another, and recognize that your feelings of warmth and caring for those you are with will carry you through the toughest of times. If you are able to do so, we encourage you to reach out to those who may not be able to enjoy a hot meal or the comfort of a friend this holiday. Doing something for those less fortunate can be an amazing feeling – for all parties involved.

We know that there are many people struggling these days, but we truly hope that on this special day, everyone can put those stresses aside and enjoy the simple pleasures of spending some quality time together.

‘Tis The Season: Holidays Mean More Drunk Drivers

November 23, 2009 | Associates and Bruce L. Scheiner

https://www.youtube.com/watch?v=KQ_0AwM93j4
With the Holiday season upon us, you can expect to encounter more drunk and impaired drivers on area roadways, according to Mothers Against Drunk Driving, (MADD). Their statistics show that this time of year is the most deadly when it comes to alcohol-related crashes, estimating that more than 1,000 people will die in drunk driving accidents between Thanksgiving and New Year’s. The figures point to the increase in special social events and parties, and the increase in the consumption of alcohol, as factors. MADD points out the irony of these facts, in that drinking and driving is one of the most easily preventable catastrophes, noting that drivers simply need to make the choice to not drink and get behind the wheel of their car.

MADD has been advocating against the dangers of drunk driving since 1986, and undertakes many programs and services in their efforts to warn the public of the dangers involved. One of their more successful campaigns may seem simplistic in theory, but yet it has proven to be extremely effective in reducing the number of drunk drivers on the road. The “Designate A Driver Program” is designed to encourage Holiday partygoers to select one member of their group to remain sober when attending any party where alcohol will be served. This eliminates the question about who will be driving or how other members of the group will be getting home. Of course, this planning ahead is not applicable to just attending the office Christmas party, but should be utilized year-’round.

Since 1981, every President of the United States has demonstrated his commitment to preventing impaired driving by proclaiming December as National Drunk and Drugged Driving (3D) Prevention Month. The National Highway traffic Safety Administration, (NHTSA), reminds you that their primary message during the December holiday season is Friends Don’t Let Friends Drive Drunk – Designate a Sober Driver. They provide the tips below to help make sure you arrive home safely, and do not become a Holiday fatality statistic: