Florida Injury Lawyer Blog

Southwest Florida motorcycle riders geared up for Cape Coral Bike Night sponsored by Associates and Bruce L. Scheiner, Personal Injury Lawyers

February 3, 2009 | Associates and Bruce L. Scheiner

bikenightAbate2008%20079.jpg Motorcycle riders are gearing up for this Saturday night’s Cape Coral Bike Night.

Southwest Florida’s largest bike night draws riders from all over, including Fort Myers, Cape Coral, Bonita Springs, Lehigh Acres, Punta Gorda and Port Charlotte.

Primary sponsor Associates and Bruce L. Scheiner, Personal Injury Lawyers, has been a supporter of motorcycle rights and motorcycle organizations in Florida for four decades and represents motorcyclists throughout Florida who have been injured or killed in motorcycle accidents. The firm also publishes the website www.flbikers.com, dedicated to motorcycle riding in Southwest Florida.

Florida teen driver resources aimed at reducing car accidents in Southwest Florida

February 2, 2009 | Associates and Bruce L. Scheiner

As the evidence continues to mount about the dangers teenagers face behind the wheel, Florida car accident attorneys an personal injury and wrongful death lawyers urge parents to talk with their children and make them aware of a growing list of local resources.

Statistics consistently show that motor vehicle crashes are the leading cause of death for persons ages 15 to 24. Teen drivers ages 16 to 19 are four times likely to crash than older drivers.

And a recent insurance study reported that Fort Myers and Cape Coral was the deadliest metro area of its size nationwide for teen crashes through Christmas and New Year’s and a hotspot for teenage accidents throughout the year.

The accident rate among teen drivers in Southwest Florida is increasing — up 12.5 percent in 2006, when 233 teenagers were involved in accidents in Lee County. Toxic substances were involved in half the crashes among drivers 15 to 25.

The Florida Department of Transportation and the Department of Highway Safety and Motor Vehicles have debuted a website “Take The Wheel,” which emphasizes the risks of teen driving. Geared toward teenagers, the edgy site offers video, real-life stories and other information for teens.

It reports a teenager is injured every 55 seconds in a crash and a teen dies in a car crash every 6.5 minutes — or about a dozen times an hour.

Locally, Lee Memorial Health Systems routinely offers a free young-driver’s seminar to teenagers and/or their parents. The next course is available on Feb. 10 from 5:30 to 8:30 p.m. at Lee Memorial Hospital on Cleveland Avenue in Fort Myers. Enter through the emergency room and follow the signs to the auditorium. Those wanting more information can call Syndi Bultman (239) 336-6797.
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Florida vehicle defect attorneys warn Toyota owners of recall

January 30, 2009 | Associates and Bruce L. Scheiner

Toyota Motor Corp recalled 1.35 million vehicles this week to fix defects in the seatbelt or exhaust systems.

Florida defective product and vehicle defect attorneys urge Toyota owners to check to see if their car is part of the vehicle recall.

About 830,000 of the cars include the Yaris, manufactured between January 2005 and April 2008 and exported to Europe, the United States and other countries.

One case of fire was reported in Japan due to faulty seatbelt design, which could cause melting when the belt is activated during a collision, Toyota said.
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Fort Myers man sentenced to 15 years in prison for tragic drunk driving crash

January 27, 2009 | Associates and Bruce L. Scheiner

A 34-year-old Fort Myers man was sentenced to 15 years in prison and had his driver’s license permanently revoked as a result of a horrific drunk driving crash that killed two children and left their mother and brother critically injured.

The wrongful death and personal injury attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, represent the family in their pending civil lawsuit for the injuries and wrongful death caused by the drunk driving crash.

. The Jan. 14, 2007 crash near Fort Myers Beach killed Jordy Martinez, 1, and Jesus Martinez, 6. Their older brother Juan, who was seated in the back seat with his siblings, and their mother, Maria Bustamante, were seriously injured.

George Butler III, pleaded no contest last month to all 12 charges, including multiple counts of DUI manslaughter and multiple counts of DUI with serious bodily injury. Butler said he did not want to put the family through the pain of a trial and left his sentence up to Judge Margaret Steinbeck.

Butler was arrested after hitting several cars in the parking lot of a beach bar, before racing off the beach and colliding with the vehicle driven by Maria Bustamante.

Judge Steinbeck cited Butler’s mental health issues, lack of a prior criminal record and his remorse as reasons she did not sentence him to the maximum of 30 years to life in prison in the criminal case.

The civil case remains pending. Filed by Associates and Bruce L. Scheiner, Personal Injury Lawyers, it seeks compensation for the devastated Bustamante family.

“The defendant killed two children and seriously injured another child and two adults,” Steinbeck said. “The court finds a lengthy prison sentence to be appropriate to punish the defendant.”

Steinbeck also ordered Butler to perform community service by working to prevent teenage drinking upon his release, where he will be subject to additional restrictions through probation and parole.
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Florida accident attorneys warn of possible spike in uninsured motorists

January 26, 2009 | Associates and Bruce L. Scheiner

Nearly 1 in every 4 drivers on Florida roads is driving without insurance, a number likely to increase with a souring economy. The trend is prompting Florida injury lawyers to encourage motorists to make sure their uninsured/underinsured motorist coverage is adequate in the event of a serious accident.

The attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers, encourage Florida drivers to make sure they have uninsured/underinsured motorist coverage. It can be purchased as stacked or unstacked.

Florida Personal Injury Lawyer Preston J. Scheiner, said motorists with more than one vehicle are encourage to purchase stacked coverage because it affords the potential for better benefits in the event of an accident with an uninsured driver.

Scheiner said motorists should purchase as much coverage as they can afford. “It is relatively inexpensive compared to the cost of being hit by an uninsured driver,” he said.

The recent report released by the Insurance Research Council ranked Florida as fifth-highest in the nation, with 23 percent of drivers without insurance, compared to a national average of 13 percent.

Florida joined New Mexico (29 percent), Mississippi (28 percent), Alabama (26 percent), and Oklahoma (24 percent) as the states with the highest number of uninsured motorists on the road.

While nationally the rate has decreased from 14.9 percent in 2003 to 13.8 percent in 2007, the Insurance Research Council reports the recent economic downturn is expected to trigger a sharp rise in the number of uninsured motorists on our roads.

“An increase in the number of uninsured motorists is an unfortunate consequence of the economic downturn and illustrates how virtually everyone is affected by recent economic developments,” said Elizabeth A. Sprinkel, senior vice president of the IRC.
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Southwest Florida parents warned of dangerous, defective baby cribs

January 23, 2009 | Associates and Bruce L. Scheiner

More than half a million Stork Craft Baby Cribs pose an entrapment and suffocation risk, the federal government warned this month.

Florida injury lawyers and the child injury and defective product attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, urge parents to check their cribs to ensure infant safety.

The Consumer Product Safety Commission has instructed customers to stop using the products immediately.

The recall impacts 535,000 cribs made my Stork Craft Manufacturing Inc. and sold between May 2000 and November 2008. The cribs came in a variety of styles and finishes.

The metal support brackets holding the mattress and mattress board in place can break, causing a dangerous gap between the mattress and crib rails, according to the government.

The cribs were sold at major retailers, such as J.C. Penny, KMart and Walmart and online at Amazon.com, Babiesrus.com, Costco.com and Walmart.com the CPSC said.

Stork Craft Manufacturing’s name, address and contact information, are located on the assembly instruction sheet, which is attached to the mattress support board. Some models also have the company enscribed on the teething rail.

Customers can contact Stork Craft at (866) 361-3321 to receive a free replacement kit. The company also can be reached online at www.storkcraft.com.

The CPSC also offers general crib safety tips, which parents can find here.
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Causes of car accidents, serious injury targeted by Florida lawmakers

January 21, 2009 | Associates and Bruce L. Scheiner

Lawmakers will tackle tougher seat belt enforcement and distracted-driving regulations as part of a 2009 agenda aimed at reducing car accidents on Florida roads.

Florida accident attorneys and the staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers, handle hundreds of cases in which car accidents are caused by distracted drivers or in which unbelted motorists are seriously injured or killed in a collision.

The American Automobile Association (AAA) is pushing a measure that would make Florida’s safety belt law a primary offense and permit traffic stops. Currently, motorists can only be cited for a seat belt violation if they have been pulled over for a traffic infraction.

Supporters of the measure estimate it would save 142 lives and prevent 2,019 injuries caused by Florida traffic accidents in the first year alone. The law also would make the state eligible for $46.1 million in federal incentives.

The National Highway Traffic and Safety Administration reports the nationwide seat belt compliance rate sat at 82 percent in 2007. But state-by-state compliance varied widely, from 64 percent in New Hampshire to 98 percent in Hawaii. States with primary enforcement laws enjoyed greater compliance, according to the statistics.

Florida ranks right in the middle in terms of its compliance rate, which has increased this decade, from 69.5 percent in 2001 to 79.1 in 2007. Nationally, it ranks 26 of the 50 states.

Florida lawmakers also plan to tackle the issue of distracted drivers with a number of potential laws addressing everything from cellphone use by teen drivers to text messaging.

Jay Anderson, a retired Fort Myers-area paramedic and founder of Stay Alive … Just Drive supports a ban on the use of cellphones and text messaging by all drivers. Known as Heather’s Law, the proposal is named for a Florida girl killed in a 10-car pileup caused by a truck driver who was allegedly text messaging.

If adopted, Anderson said Florida would join five other states that ban cell phone use by drivers, including New York, New Jersey, Connecticut, Washington, California and Washington, D.C.

In addition to these issues, AAA is supporting measures to regulate unnecessary towing regulations and will monitor bills related to transportation, toll roads, child restraints, driver education, red light cameras and accident taxes.

Anyone interested in getting involved in these issues can click here to sign up for AAA’s Action e-list.
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Florida motorists, parents should check child seats to prevent injury

January 19, 2009 | Associates and Bruce L. Scheiner

More than 30,000 child safety seats are being recalled this month, according to the National Highway Traffic Safety Administration, which warns the seats may fail to properly secure young passengers in the event of an auto accident.

Florida accident attorneys, defective product lawyers and child injury attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers urge parents to check their child seats to see if they are part of the recall and to make sure they are otherwise in proper working order.

Click here to enter your zip code into a national database for the nearest location for a safety seat inspection by a qualified professional. Such inspections are available free at many fire stations and hospitals throughout Southwest Florida, including Lee County, Charlotte County and Collier County.

The current recall affects 31,392 Britax Frontier child restraint systems. The child safety seats could fail to properly secure young passengers in the event of a crash, according to the NHTSA.

“It is extremely important that parents and caregivers are aware of the recall and take action to get their child restraints repaired,” said NHTSA Acting Administrator David Kelly.

Britax is recalling the seats because the harness straps may detach from the metal yoke on the back of the child restraint if repeatedly loosened one strap at a time. Affected models include the Britax Frontier models E9L54E7, E9L54H6, E9L54H7, and E9L54M6 manufactured on or before Sept. 14, 2008 and model E9L5490 manufactured on or before Sept. 17, 2008.

Click here for more information about the recall.

The NHTSA also encourages parents and caregivers to sign-up to receive updates about child seat recalls via e-mail. The agency’s research shows that less than half of affected consumers respond to recalls.

“One of the reasons we see such a low return rate is because owners are difficult to reach if they have not registered the seat with us or the manufacturer,” said Kelly.

Consumers can sign-up for recall notifications from the federal government by visiting www.safercar.gov and clicking on the “E-mail” or “RSS” option to register. Consumers with questions about this or any other safety recall campaign may call NHTSA’s toll-free Vehicle Safety Hotline 1-888-327-4236 (TTY: 1-800-424-9153).
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Will higher fines reduce Florida car accidents, reckless driving?

January 15, 2009 | Associates and Bruce L. Scheiner

Florida motorists will pay more for speeding, running red lights and other traffic infractions under a plan to raise money from motorists to help cover the looming state budget deficit.

Accident attorneys and personal injury lawyers handle hundreds of car accident and motorcycle accident cases in Southwest Florida each year caused by speeding motorists and a recent study suggests 1 in every 4 accidents is caused by a motorist who ignored a traffic control device.

In recent years, the state substantially increased the cost of red light violations, with a portion of the proceeds going to trauma centers, including Lee Memorial Hospital.

The Miami Herald reports running a red light would cost $208 under the new plan, while speeding 25 mph over the limit will come with a $258 fine.

Additionally, lawmakers would impose a new $10 charge on all traffic infractions, ranging from expired tags to running a stop sign. And the plan would eliminate the 18 percent discount available to violators who go to traffic school. And it would also take away the rights of a judge to waive the fine.

In some areas, the cost could be even higher because counties and cities have the option of imposing additional charges.

The state estimates the increases will bring in an additional $63 million a year.

Under state law, drivers who do not pay their fines face having their driver’s license suspended.
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Dump truck runs red light, hits school bus in Fort Myers truck accident

January 14, 2009 | Associates and Bruce L. Scheiner

The News-Press of Fort Myers reported Tuesday that a dump truck ran a red light and crashed into a Lee County school bus, sending both drivers and two students to the hospital with unspecified injuries as a result of the Fort Myers dump truck accident.

The Florida car wreck attorneys and trucking accident attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, want to remind motorists to pay extra attention to large trucks on the road and use extra caution when near commercial trucks.

A dump truck can weigh 70,000 pounds when fully loaded — more than 20 times the weight of a passenger car. A loaded semi can weight even more.

The dump truck, pictured here in a photograph by The News-Press, was heading westbound on Palm Beach Boulevard when authorities report that it failed to stop at the red light at Davis Boulevard, striking the southbound bus on the driver’s side.
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