Florida Injury Lawyer Blog

Florida’s Free-Kill Law Targeted by Wrongful Death Advocates

October 28, 2019 | Associates and Bruce L. Scheiner

Wrongful death lawsuits are distinct in a number of ways under Florida law. Unlike personal injury lawsuits, which are filed by the victim, wrongful death lawsuits must be filed by the estate of the deceased, and must seek recoverable damages on the part of one of more living parties.

The Sarasota Herald-Tribune recently looked at a gap in Florida wrongful death law, which may leave young, single adults over the age of 25 without a party that can bring an actionable claim for damages in the wake of a negligent death.

Our wrongful death attorneys in Fort Myers and Cape Coral know many of the same law firms that advertise representation of personal injury victims, also handle wrongful death claims. However, victims need to understand that these two claims are vastly different, both in terms of proving damages and in how they are pursued in a court of law.

Autumn Motorcycle Safety a SWFL Focus

October 15, 2019 | Associates and Bruce L. Scheiner

A series of serious and fatal motorcycle accidents in Lee County has authorities renewing calls for safety and awareness as we head into the height of the winter riding and tourist season.

The News-Press reported a motorcycle accident occurred on Bayshore near I-75 when the victim was thrown from his 2006 Kawasaki. The pickup truck driver fled the scene on foot but was later apprehended and charged with failing to report a crash, driving on a suspended license and obstruction. The victim was transported to Lee Memorial Hospital with serious injuries. The Naples Daily News reports a man was killed and another critically injured after a motorcycle collided with a motor vehicle in Charlotte County.

A Cape Coral man was killed and a Michigan man was injured in separate motorcycle accidents last week, according to media reports.

Our Fort Myers injury lawyers have long been advocates for riding safety and rider rights. We know October is the beginning of peak riding season in Southwest Florida, as the temperatures moderate and the rains abate. While northern riders are storing their bikes for winter, Southwest Florida sees a significant increase in the number of riders on the road. Add to this the increase in visitors and seasonal traffic, many of whom are unfamiliar with the area and not used to looking for motorcycle riders during winter months, and the number of serious and fatal motorcycle collisions typically increases as the winter riding season gets underway.

Halloween Safety a Focus as Spooks and Goblins Begin to Appear

October 14, 2019 | Associates and Bruce L. Scheiner

Early darkness and Halloween are a dangerous time of year for pedestrian accidents, particularly those involving younger children in residential neighborhoods. The most dangerous time is right at dusk.

But our Fort Myers injury lawyers know Halloween is also a time of year of increased accident and injury risks from other causes. Defective product injuries increase around Halloween and remain elevated through the long holiday gift-giving season. Injuries on private property, drunk driving collisions, and an increasing number of injury incidents at organized events, including the well-publicized tragedy at the 2015 Zombicon in downtown Fort Myers, have made Halloween among the most dangerous times of the year.

Southwest Florida Drowning Deaths Worry Officials as Tourist Season Approaches

October 13, 2019 | Associates and Bruce L. Scheiner

Four Southwest Florida drowning deaths have occurred in less than a month, prompting authorities and safety advocates to renew calls for better water-safety awareness as we head into the tourist season.

The Naples Daily News reported child safety officials are pledging to beef up education campaigns to families about never letting their guard down and following safety practices. One child drown at a pool party, another died after a sliding door was left open. A third drowning death reportedly involved an autistic child. Charlotte County authorities have released few details about a fourth drowning death under investigation last week.

With drowning deaths in all three of Southwest Florida’s coastal counties, authorities are reminding residents to practice open water safety, but to not forget the risks posed by backyard swimming pools. Two drowning deaths in Collier County, a drowning death in Lee County, and the drowning death in Charlotte County all involved swimming pools. Florida leads the nation in the number of private swimming pools.

Fort Myers injury lawyers know the state’s more than 1 million residential swimming pools pose a significant risk to the public. Children are at especially high risk, but vacationers and tourists visiting during the winter months also face increased risk of drowning or near-drowning accidents.

Fall Injury Prevention Week Highlights Risks for Older Adults

September 30, 2019 | Associates and Bruce L. Scheiner

National Fall Prevention Week is a critical reminder of the risk of serious or fatal injuries resulting from falls, particularly when it comes to older adults here in Southwest Florida.

The National Safety Council is promoting fall accident prevention from Sept. 23-29, noting that every 20 minutes an older adult is killed in a fall in the United States. While younger fall victims are more easily able to escape serious injury, older adults are much more prone to suffering serious, permanent disability, as well as loss of independence and mobility after a fall accident.

Injury lawyers in Fort Myers and Cape Coral know many of these falls are preventable. Those who think fall injuries too often result in frivolous lawsuits have never suffered a serious fall. The fact is, fall injuries can be devastating. Not only do they account for the leading cause of death among older Americans, they account for one-third of all non-fatal injuries reported in the United States.

Amazon Next-Day Delivery Causing Havoc in Neighborhoods

September 30, 2019 | Associates and Bruce L. Scheiner

Internet juggernaut Amazon is under increasing fire for traffic collisions involving its next-day delivery service.

Media reports, including this one on BuzzFeed.News, continue to illustrate how the company works to escape liability. In one instance, a 3-ton delivery van, working a neighborhood during the holiday rush a few days before Christmas, barreled into an 84-year-old grandmother, nearly killing her. In another case, an Amazon driver working a Chicago neighborhood was charged with reckless homicide.

Our Fort Myers injury lawyers blogged recently about liability Amazon faces for selling dangerous or defective products. In those cases, Amazon is also working to escape liability, by blaming third-party vendors.

Intersection Collision Risks Abound in Southwest Florida

September 29, 2019 | Associates and Bruce L. Scheiner

Intersection accidents have been in the news a lot this month. Too often motorists see intersections as delays and bottlenecks in their commute, even running yellow lights to quickly get past some of Southwest Florida’s most notorious hot spots for congestion and motor-vehicle collisions.

WINK News reports a recent reader survey identified U.S. 41/Colonial Boulevard, Six Mile Cypress and Gladiolus and the Midpoint and Cape Coral bridges as among the worst traffic locations in Southwest Florida.

With tourist season just around the corner, it’s critical motorists remember that these high-traffic locations are also the most likely location for serious and fatal motor vehicle collisions. Allowing frustration or distraction to prevail when caught in traffic, will only further increase your risks. Our Fort Myers car accident lawyers know intersections are the most common location for urban car accidents and pedestrian accidents. These natural points of traffic conflict involve bumper-to-bumper traffic, walkers and cyclists, and harried and distracted drivers.

Cape Coral Bike Night Season Opens Oct. 12

September 12, 2019 | Associates and Bruce L. Scheiner

Associates and Bruce L. Scheiner is once again proud to provide headline sponsorship for the 2019-2020 Cape Coral Bike Night Season.

For more than a decade, we have been a leading sponsor and participant in this event, which has grown into the largest family-friendly motorcycle event in Southwest Florida. The event has featured an increasing number of headline musical acts; this year’s season kicks off October 12 with “zz’s best,” one of the best “ZZ Top” tribute bands, on the main stage.

You can find our booth at the edge of the main-stage viewing area along SE 47th Terrace, where we will be promoting motorcycle safety, accident prevention, and rider rights.

The City of Cape Coral has made a number of infrastructure and other improvements for the upcoming season. This year’s other dates are December 14, February 8 and April 11. The events run from 5 to 10 p.m.

Back-to-School Safety Checklist for SWFL

September 10, 2019 | Associates and Bruce L. Scheiner

The National Safety Council recently published an excellent Back-to-School Safety Checklist for parents and students.

Our injury lawyers in Fort Myers and Cape Coral have published a number of back-to-school safety articles in recent weeks, including Back-to-School Bicycle and Pedestrian Accident Risks and school bus injury risks in Southwest Florida.

But the fact is autumn is the most dangerous time of the year for a number of reasons.

Drugged Driving Risks in Focus in SWFL

September 9, 2019 | Associates and Bruce L. Scheiner

September is National Alcohol and Drug Addiction Recovery Month.

The Substance Abuse and Mental Health Services Administration is sponsoring events all month to promote recovery services. The agency’s theme this year is “Join the Voices of Recovery: Together We Are Stronger.”

About half of all fatal traffic accidents involve alcohol or drug use. Alcohol alone is confirmed to be involved in one-third of traffic deaths each year, claiming more than 10,000 lives nationally, and more than 800 here in Florida. The increasingly permissive use of marijuana for medical and recreational purposes also increases the risks on the road. In addition, the nationwide opioid epidemic is now blamed for more than 35,000 overdose deaths annually, which surpasses the number of motorists killed on the nation’s roads each year, an untold number of whom were under the influence of a prescribed or illicit opioid narcotic at the time of a motor-vehicle accident.

The personal injury lawyers at Associates and Bruce L. Scheiner, Attorneys for the Injured, have been representing car accident victims in Southwest Florida since 1971, and continue to support Mothers Against Drunk Driving, and local law enforcement efforts to get impaired drivers off the road, including sobriety checkpoints and enforcement blitzes.