Florida Injury Lawyer Blog

Fatal traffic accidents decline in Fort Myers, Cape Coral, Lehigh Acres, Bonita Springs

January 13, 2009 | Associates and Bruce L. Scheiner

Fatal traffic crashes dropped by more than 30 percent in 2008. However, nearly 1 in every 5 fatal accidents involved a motorcycle, according to preliminary data from the Florida Highway Patrol.

Officials point to a souring economy, fewer travelers and skyrocketing gas prices as reasons for the drop, according to an article in The News-Press of Fort Myers.

Car accident attorneys and motorcycle accident lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers, want to remind motorists to use caution on the roads as gas prices drop and we enter prime tourism season in Southwest Florida.

Please remember every season is motorcycle season in Southwest Florida and riders will be sharing the road with other motorists throughout the winter months.

The Highway Patrol reported 70 fatal accidents in Lee County last year, compared to 106 in 2007 and a record 150 in 2005.

Gas prices hit $4 a gallon this summer before dropping late in the year.

“When they were at $3.50 and $4 a gallon, people definitely were driving less,” AAA Division Manager David Pojero told The News-Press.

Lee County Sheriff’s Sgt. David Petracca indicated the cost of fuel also deterred some people from speeding and driving erratically as they sought to conserve fuel.

“They’re a little more cautious,” he said.

Law enforcement also expects to have issued more tickets in 2008 — final numbers will be available later this month.

At least 17 percent of fatal crashes involved a motorcycle. Preliminary statistics suggest at least 12 motorcycle riders were killed on Lee County Roads in 2008.

The sheriff’s office reported the last four fatalities it worked in 2008 involved a motorcycle rider.
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Southwest Florida points cameras at red light violators, aims to reduce accidents

January 8, 2009 | Associates and Bruce L. Scheiner

The dangerous and deadly business of running red lights at Southwest Florida intersections is increasingly caught on camera – a costly, if not fatal error for the driver and evidence increasingly used in court by criminal and accident lawyers.

Lee County is testing a camera at Colonial Boulevard and Summerlin Road, The News-Press reports, and cameras at other intersections could be on the way.

Orlando and Collier County, including the City of Naples, already use the cameras and have written local laws to get around a state prohibition against ticketing offenders based on video evidence (current state law only allows such ticketing for toll cheaters).

The accident attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers urge motorists to use caution at intersections. The firm has handled hundreds of cases where motorists are seriously injured or killed in an intersection accident because an offender was in a hurry and failed to stop at a red light or stop sign.

Lee County will use the camera to determine how many tickets it could issue and how many extra staff members it would take to process violators. State lawmakers are likely to take up the cause of allowing tickets to be issued this year, even without a special ordinance.

Detractors point out that vehicle owners would get the ticket in the mail, regardless of who was caught on camera driving. And there is some data to suggest that rear-end collisions have increased at intersections where cameras have been installed.

But the deadly issue is getting increased attention. Several years ago, the state doubled the cost of red-light tickets and passed a substantial portion of the proceeds on to trauma centers, including Lee Memorial Hospital, which deal with the carnage left in the wake of someone in too big of a hurry to pay attention to one of driving’s most basic safety requirements.

More than 13,000 crashes were reported at Lee County intersections during the last three years.

A recent nationwide study of deadly crashes at traffic signals found nearly 1 in 4 failed to obey the light, injuring more than 144,000 people nationwide in 2006. Nearly half the fatalities caused by red-light runners are pedestrians and vehicle passengers, according to information gathered by Jay Anderson, a retired Fort Myers-area paramedic and founder of “Stay Alive … Just Drive,” a campaign that urges motorists to concentrate on driving and avoid distractions like cell phones.

A 2007 California study found red-light runners were three times more likely to have multiple speeding convictions, were less likely to use seatbelts and drove smaller and older vehicles, further increasing their chance of serious injury or death.
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Pool rules, awareness seek to prevent drowning in Southwest Florida

January 7, 2009 | Associates and Bruce L. Scheiner

The new year brings new rules for public and semi-public swimming pools as authorities seek to reduce swimming pool accidents and drowning risk during Southwest Florida’s prime tourist season.

The attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers wish everyone a safe and happy winter season but want to remind visitors and residents alike that the winter months often bring increased danger of accidental drowning.

Florida has the highest drowning rate for small children of any state in the nation. Last spring, in Cape Coral alone, five people drowned and three others were hospitalized. For children under 5, Florida drowning rate is twice the national average, with most deaths occurring in residential swimming pools.

Nationally, drowning is the second-leading cause of accidental death for children under 14.

“I think a lot of times it’s just those few moments when a pool gate was left open or a sliding glass door was left open,” pediatrician Dr. Stan Wiggins told NBC-2 recently. Wiggins said it is especially important for grandparents to make sure their pool area is secure when children come to visit.

Pediatricians also advise parents, grandparents and care givers to learn child and infant CPR.

The new year also brings with it new laws requiring safer pool drains and systems designed to reduce the risk of entrapment. On Dec. 19, the Consumer Product Safety Commission began requiring the improvements on hotel, apartment and condo pools.

Lee County ranks fourth in the state for the highest number of residential swimming pools. In fact, the recent real estate boom brought more new residential swimming pools to Fort Myers, Cape Coral, Lehigh Acres, Bonita Springs and the surrounding area than anywhere else in Florida.

Newer swimming pools must include certain mandatory safety features, including a pool surrounding at least 4-foot tall, self-closing and self-locking pool entries and door and window alarms between the home and pool area.

Pool owners – whether hotel, home or condo – have certain legal responsibilities.
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Florida could outlaw cell phone use by distracted drivers in wake of fatal semi accident

December 31, 2008 | Associates and Bruce L. Scheiner

Florida drivers could be banned from using cell phones or text messaging while driving if retired Fort Myers-area paramedic Jay Anderson succeeds in pushing a new law aimed at reducing serious and fatal traffic crashes on our roads.

“Stay Alive … Just Drive!”, an organization Anderson founded, was named the Outreach Effort of the Year by the Lee County Injury Prevention Coalition on the same day he learned a Fort Myers driver caused a five-car pile up because she was text messaging.

Anderson, whose organization is vocal in warning of the dangers of using cell phones and other electronic devices while driving, said the accident is yet another payment toward the growing cost of a serious problem.

Associates and Bruce L. Scheiner, Personal Injury Lawyers, which was named sponsor of the year by the injury prevention coalition but is not involved in the effort to push for the new law, urges motorists to pay attention to the road and put safety first.

“Heather’s Law”, named for 26-year-old Heather Hurd who died in January on U.S. 27 in a 10-car crash caused by a semi driver who was allegedly text messaging, began the lawmaking process this month when it was introduced by two state senators.

“It’s very, very sad and totally preventable,” said Anderson, of the crash, which claimed several lives and critically injured several others. He said Hurd was on her way to the wedding planner with her fiancé. Her parents were waiting at the wedding planner when authorities arrived to inform them of the tragedy. “People need to accept it — these things are preventable. They are not accidents. Ninety percent of all crashes are the direct result of driver error.”

Anderson said the fact that this was a semi driver accused of text messaging shows distracted driving is not limited to any one segment of society.

“It’s becoming so obvious that I think it is making more people aware that it is a problem — you can sit at any intersection and look left or right and you are going to encounter someone on a cell phone,” Anderson said. “It encompasses all ages, from new drivers to people in their 80s.”

While only a small percentage of bills introduced into the lawmaking process each year actually become law, Anderson is optimistic that Florida will join five other states that he said currently ban cell phone use by drivers, including New York, New Jersey, Connecticut, Washington, California and Washington, D.C.

“We are off to a good start and I think we have some great legislative support,” he said.
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Florida authorities patrol New Year’s — attorneys urge motorists to prevent drunk driving

December 30, 2008 | Associates and Bruce L. Scheiner

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The staff and attorneys for victims of drunk driving crashes at Associates and Bruce L. Scheiner, Personal Injury Lawyers, wish everyone a joyous New Year’s holiday and want to remind drivers of the message on dozens of the firm’s billboards throughout Southwest Florida: Enjoy the Holidays but Don’t Drink and Drive.

Law enforcement throughout the region will be out in force and there will be zero tolerance and no excuses as authorities seek to reduce the 20 fatal drunk driving crashes that occurred on Florida roads last year.

“We will be very vigilant this year as we always are,” said John Sheehan, spokesman for the Lee County Sheriff’s Office. The agency’s patrol area includes Fort Myers, Cape Coral, Bonita Springs, Lehigh Acres and Fort Myers Beach. “We will be everywhere.”

Mothers Against Drunk Driving estimates the cost of a drunk driving arrest at $8,000 to $11,000, including fines, attorney fees and increases in auto insurance premiums.

Statistics from the Florida Department of Highway Safety and Motor Vehicles show 38 people died on Florida roads during last year’s five-day New Year’s Holiday. Twenty died in alcohol-related fatalities – a 33 percent increase over an average five-day stretch. About three people die on any given day in Florida as a result of an alcohol related traffic crash.

“We will saturate certain areas where expect more human traffic and people out having a good time,” Sheehan said. “Avoid getting in trouble with law enforcement and avoid a potentially tragic situation.”

Officer Shawn Yates, of the Fort Myers Police Department said city officers also will be out in force and are cooperating with the Cape Coral Police and the Lee County Sheriff on a sobriety checkpoint at an undisclosed location to educate drivers and remove drunk drivers from the roads.

Charlotte County Sheriff John Davenport announced there will be saturation DUI patrols out New Years Eve and New Years Day looking for impaired drivers. Deputies will be out in force to prevent drunk driving crashes throughout the county, including Punta Gorda, North Port and Port Charlotte.

“Extra patrol units of the Traffic Safety Team and road patrol deputies will be watching for those who may drink and drive, or use drugs and drive,” department spokesman Bob Carpenter said.
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Chance of fatal crashes, serious accidents increase with age

December 24, 2008 | Associates and Bruce L. Scheiner

Older motorists drive less but have a higher per-mile chance of a serious car accident or fatal crash as they age, according to a study released this month. But the report also found some good news for Southwest Florida, which has one of the oldest populations in the United States: Fatal car accidents involved 21 percent fewer senior citizens over 70 than a decade ago.

The car accident attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers, encourage motorists to use patience as we drive through the holidays and enter the height of tourist season, a time wrought with an increased number of visitors, snowbirds, tourists and others less familiar with our roads.

Crash rates and fatal crashes increase on a miles-driven basis starting at age 70 and rise substantially after age 80, according to the same study.

The study of 10-years of data from the Insurance Institute for Highway Safety said the overall decline in accidents among older drivers comes as the population of those over 70 increased by 10 percent. .

Reasons for the overall decline are unclear but another institute study suggests seniors are more often self-limiting their driving as they age and develop physical and cognitive impairments.

“The data doesn’t allow us to point to any one reason why older drivers’ fatal crash experience has improved,” said Anne McCartt, author of the studies. “Some drivers may have benefited from newer and safer vehicles, and older people generally are more fit than in years past, with better access to health care.”

There were 20 million licensed drivers over 70 — 2 million more than a decade ago. And their chances of a serious accident per-mile driven remains high. As do the challenges of recovering from a serious accident.

“These trends have raised concerns about older drivers in fatal crashes,” the report states. “Their fragility makes them vulnerable to getting hurt in a crash and then to dying from their injuries.”

Three out of every four people who die in crashes involving older drivers are senior citizens, according to the report.
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Fort Myers motorcycle accidents prompt cry for caution, awareness

December 23, 2008 | Associates and Bruce L. Scheiner

A pair of motorcycle accidents in Fort Myers over the weekend serves as a stark reminder to motorists that bike-season is every season in Southwest Florida.

The motorcycle accident attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers, urge motorists to use caution and watch for bikers on our roads — the lack of afternoon rain in the winter often puts more bikes on the road as northern tourists and snowbirds hit the area from states where motorcycles have been stored for the winter.

In fact, research by www.flbikers.com shows a greater percentage of Floridians take to the road on their motorcycles than anywhere else in America and the state’s half a million registered motorcycles is second only to California in total number of motorcycle owners.

“Our season remains open 12 months out of the year,” said Frankie Kennedy, president of the Southwest Florida Chapter of American Bikers Aimed Toward Education. “Snowbirds and visitors have to become reacquainted with the realization that they are sharing roads with motorcycles.”

A motorcycle accident with injuries was reported Monday afternoon in Estero on U.S. 41 at Williams Road. On Sunday, an 18-year-old Alva man was killed and a 16-year-old Fort Myers girl taken to the hospital in critical condition. The Florida Highway Patrol reported they were eastbound on State Road 80 approaching I-75 when their motorcycle collided with a car.

“In the last 30 to 45 days we have gone through a rash of bad wrecks,” Kennedy said. “I was at a funeral Sunday.”

Motorcycle riders also can benefit from frequently reviewing the basics of rider safety, which is available at www.flbikers.com. Meanwhile, Motorists need to take an extra moment of caution and remain aware, Kennedy said.

“They’ve got to be careful and watch out for them,” he said.
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Southwest Florida drunk drivers face holiday crackdown

December 22, 2008 | Associates and Bruce L. Scheiner

Drunk Drivers in Southwest Florida and across the nation face heavy enforcement launched this week to prevent drunk driving accidents, serious injury and death on our roads this holiday season.

Attorneys who represent drunk driving victims and everyone at Associates and Bruce L. Scheiner, Personal Injury Lawyers, urge motorists to act responsibly this holiday season and help prevent the tragic consequences of drinking and driving.

An $8 million national TV and radio ad campaign “Drunk Driving. Over the Limit. Under Arrest” will be complimented by stepped-up, high-visibility law enforcement using saturation patrols and sobriety checkpoints to help protect the millions of Americans traveling from now through the New Year’s holiday, according to Mothers Against Drunk Driving.

“‘Drunk Driving. Over the Limit. Under Arrest’ isn’t just a slogan, but a reflection of states’ increasing intolerance of drunk driving,” said Vernon F. Betkey Jr., chairman of the Governors Highway Safety Association. “No more excuses or exceptions. States are funding overtime enforcement, drunk driving checkpoints and saturation patrols to keep the roads safe during the holidays.”

MADD reports travelers this year will share the roads with 2 million drunk drivers who have three or more convictions, including more than 400,000 with five or more convictions.

In Fort Myers, Cape Coral, Bonita Springs, Lehigh Acres and elsewhere in Lee County, traffic enforcement will be heavy through the holidays, according to Brenda Gellinger of the Lee County Sheriff’s Office and the local MADD Chapter.

“The holidays are particularly dangerous, when road travel is the heaviest and drunk driving increases,” said Gellinger, noting a recent year saw 1,317 people killed in alcohol-related crashes between Thanksgiving and New Year. “Enforcement works: Aggressive enforcement of drunk driving laws reduces the number of people who lose their lives as a result of drunk driving. Research has shown that highly publicized, highly visible and frequent sobriety checkpoints reduce fatal drunk driving crashes by an average of 20 percent.”
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Tragic drunk driving case in Southwest Florida leaves attorneys shaken, family devestated

December 19, 2008 | Associates and Bruce L. Scheiner

Testimony this week — prompted by the defendant’s decision to plead to a dozen counts that could send him to prison for life – left even hardened courtroom veterans shaken as it laid bare the unfathomable consequences of a single tragic decision to drink and drive.

“This is probably the saddest case I have ever had,” Assistant State Attorney Marie Doerr said of the Jan. 14, 2007 crash near Fort Myers Beach that killed Jordy Martinez, 1, and Jesus Martinez, 6, while critically injuring their older brother, Juan Martinez and their mother Maria Bustamante. “There is no winner in this case. There is nothing to feel good about when we go home at the end of the day.”

George Butler, 34, pleaded no contest to 12 counts, including multiple counts of DUI manslaughter and DUI with serious bodily injury. He faces 30 years to life in prison unless Judge Margaret Steinbeck lowers the sentence at a hearing scheduled for Jan. 26 at 3:30 p.m.

Florida tainted toy settlement a reminder of dangerous, defective products during holidays

December 18, 2008 | Associates and Bruce L. Scheiner

The State of Florida is set to receive $587,000 as part of a multi-state settlement with toy maker Mattel Inc. and its subsidiary Fisher-Price Inc. after allegedly producing toys with unacceptably high levels of lead paint.

The holidays are a time when we all bring new purchases into our homes. The defective product attorneys and product liability lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers, want to remind you that companies have a duty to ensure that the products they market to consumers are free from defects that could cause serious injury or death.

Yet each year it is estimated more than 33 million people are injured by defective products at a cost to the economy of more than 800 billion.

In this instance, August 2007 to October 2007, the U.S. Consumer Product Safety Commission recalled 2 million of the company’s toys, alleging they contained excessive levels of lead in accessible surface coatings.

Excessive levels of lead may cause a variety of health problems, from learning disabilities and behavioral problems, to seizures and death, according to the Environmental Protection Agency.

The agreement reached by the Attorney General requires better standards for accessible lead and applies to toys manufactured by the company after Nov. 30, 2008.
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