Florida Injury Lawyer Blog

Motorcycle Riding Season Underway in Southwest Florida

February 20, 2020 | Associates and Bruce L. Scheiner

The remainder of the tourist season in Southwest Florida will be the deadliest time of the year for motorcycle riders. A series of high-profile riding events, great riding weather, and burgeoning visitor and tourist traffic brought by baseball spring training and spring break, mean the risks to motorcycle riders will reach their annual highs.

As part of our Be a Better Driver 2020 focus, we continue to emphasis the high risks faced by vulnerable road users in Southwest Florida, including bicyclists, pedestrians and motorcycle riders. But the next three months are undoubtedly the most dangerous of the year for motorcyclists.

This year’s Daytona Bike Week runs March 6 to March 15. One of the nation’s largest annual motorcycle destination locations, the event will draw thousands of motorcycle riders from across the nation. Many of those riders will spend the next several weeks riding Florida’s coastline, visiting the Florida Keys, and otherwise taking advantage of the best winter riding weather in the nation.

Florida Ranks Among Nation’s Worst for Road Safety

February 18, 2020 | Associates and Bruce L. Scheiner

Florida ranks as one of the nation’s worst states for safety laws and enforcement, according to a new report by the Advocates for Highway & Auto Safety.

The Miami Herald reports the Sunshine State is one of a dozen states listed as “Dangerously Behind,” and the only state in the Southeast to be rated so poorly. Our Fort Myers injury lawyers noted in a recent blog post about enforcement of Florida’s updated texting and driving law that our state lawmakers continue to underperform when it comes to improving the safety of Florida’s roads.

Inadequate primary rear seat belt laws, lack of a motorcycle helmet law, and weak child seat laws, were all among the reasons cited. Florida is one of 31 states without a motorcycle helmet law for riders over the age of 21. The state gets middling marks for efforts to discourage distracted driving. While it bans text messaging during driving, the organization finds Florida’s efforts to restrict cell phone use are inadequate.

Child Injuries in Focus after Criticism of Major Booster-Seat Maker

February 15, 2020 | Associates and Bruce L. Scheiner

One of the nation’s largest manufacturers of car booster seats is under fire amid allegations it put profits ahead of critical child safety issues.

ProPublica reports that a Congressional subcommittee is opening an investigation to consider whether the company violated the law. The news agency reported earlier this month the results of an investigation that found Evenflo marketed its child car booster seats as side-impact tested, even though company testing had revealed that children using the seats in a side-impact collision could be paralyzed or killed.

Evenflo’s top-selling Big Kid booster seat is marketed for use by older children who are not yet ready for an adult seat and seatbelt. Evenflo, a subsidiary of China-based Goodbaby International Holdings Ltd., has sold more than 18 million Big Kid boosters. Six other carseat makers currently sell their booster seats for children as small as 30 pounds.

Pedestrian Injuries an Epidemic in Southwest Florida

February 4, 2020 | Associates and Bruce L. Scheiner

The tragic death of a woman walking her dog in South Fort Myers is a sobering reminder of the risks faced by pedestrians in Southwest Florida.

Kate Johnson of Fort Myers and her beloved dog, Diva, were walking when they were struck and killed by a hit-and-run driver. WINK News reports loved ones have purchased a billboard and taken other steps to locate the at-fault driver. It was a light-colored Nissan that hit Johnson and her dog, and the driver left them to die along McGregor Boulevard at the intersection with Water Lane.

Growing Number of Construction Injuries in Southwest Florida

February 3, 2020 | Associates and Bruce L. Scheiner

The booming Southwest Florida economy is thanks in no small part to the housing and construction industries. However, an increasing concern is the growing number of serious and fatal construction accidents that result from such rapid development.

The Palm Beach Post reports the number of serious and fatal construction injuries in South Florida has skyrocketed, up 140 percent in the 7 years since we exited the Great Recession.

More than 100 fatal construction accidents were reported for the first time in 2018, according to the U.S. Bureau of Labor Statistics. In 2011 the department reported 42 construction fatalities in Florida. That means that in just seven years, the fatality rate more than doubled. Continue reading ›

Legal Update: Florida Auto Insurance

February 2, 2020 | Associates and Bruce L. Scheiner

Florida motorists may face long overdue changes to auto insurance law, but whether proposed changes benefit drivers or the insurance industry is yet to be seen.

WINK News reports that a proposal moving through the Florida Senate wants to get rid of Personal Injury Protection, in favor of requiring drivers to carry mandatory bodily liability coverage. At least $25,000 in liability for the death or injury of one person in a crash and $50,000 if it involves two or more people.

The Insurance Journal reports several bills moving through the Florida legislature this session could impact how motorists purchase auto insurance coverage.

Enforcement of Florida’s Driver Texting Law Begins

January 21, 2020 | Associates and Bruce L. Scheiner

WINK News is among the media outlets reporting that the grace period for Florida’s texting-while driving law has ended and motorists can expect to be stopped and ticketed for texting behind the wheel as the new year gets underway.

The new law applies to drivers texting on a phone while the car is in motion. Motorists texting while stopped at a red light will not be at fault under the new law. It’s also still permissible to use a phone’s GPS while the vehicle is in motion, though it’s recommended to type in your destination before you start driving.

There was a six-month warning period after the law went into effect in July. After Jan.1, police will begin to issue tickets to law breakers.

The National Safety Council estimates 1.6 million crashes each year are caused by texting drivers. Nearly 390,000 injuries occur each year from accidents caused by texting while driving, which is now believed to be responsible for 1 out of every 4 car accidents in the United States.

Teen Driving Safety a Critical Issue in SWFL

January 20, 2020 | Associates and Bruce L. Scheiner

A crash that seriously injured four teenagers in Estero is a sobering reminder of the risks young drivers and passengers face on the roads of Southwest Florida, particularly as we approach spring break and the height of tourist season.

NBC-2 reports the four teens were seriously injured in a collision at the intersection of Three Oaks Parkway and Estero Parkway. The kids, ages 15, 16, 17, and 18, were in a Honda Civic that collided with a minivan, according to the Florida Highway Patrol. Two of the teens were taken to Lee Memorial while the others were taken to Golisano Children’s Hospital.

Our Fort Myers injury lawyers have posted a number of articles about the dangers teens face on the roads, as well as a number of parental resources, including this guide on buying a vehicle and insuring your young driver.

Be a Better Driver in 2020

January 20, 2020 | Associates and Bruce L. Scheiner

How are you doing on your New Year’s resolutions?

Regardless of whether you are finding challenge or success in your personal goals for 2020, quietly resolving to be a better driver is a commitment that could save your life and will pay dividends for you and your family for years to come.

Our Fort Myers injury lawyers have been representing injury victims throughout Southwest Florida since 1971 and we remain active in promoting traffic safety throughout the community and in supporting a number of causes to prevent senseless accidents, including combating drunk driving and raising motorcycle safety awareness.

The News-Press reports 95 people were killed in traffic collisions on Lee County roads in 2019.

Media Blamed for Downplaying Liability in Traffic “Accidents”

December 18, 2019 | Associates and Bruce L. Scheiner

A recent report published by City Lab highlights the role media plays in downplaying the fault of drivers for causing auto “accidents.”

Safety advocates have long complained that media outlets tend to blame pedestrians and cyclists who are hit by cars. Research suggests they’re right. But our Fort Myers injury lawyers know the issue also includes motorcycle accidents and a significant number of vehicle-on-vehicle collisions.

The term “accident” is almost always a misnomer; the vast majority of serious and fatal traffic collisions in Southwest Florida are caused by avoidable driver error. Media coverage, and official crash investigations may tell part of the story. But an immediate and thorough review of the evidence by an experienced personal injury law firm can serve to uncover additional factors of causation, and may even uncover error or bias on the part of the investigative agency or one or more involved parties.