Florida Injury Lawyer Blog

E-Scooters Coming to Roads of SWFL

July 16, 2019 | Associates and Bruce L. Scheiner

The raging debate over the safety of e-scooters is coming to Southwest Florida, as Florida lawmakers largely swept away any final hurdles to the self-transportation devices that have proved wildly popular with teenagers and millennials.

The Tallahassee Democrat reports more than 1,000 e-scooters hit the streets of the state capital this week for a 3-month pilot program. The scooters can be rented at 21 locations operated by five different companies as tens of thousands of people visit the area for college football games this autumn. Pilot programs are also underway in numerous other Florida cities, including Tampa and Fort Lauderdale.

Bicycle and Pedestrian Safety in SWFL

July 15, 2019 | Associates and Bruce L. Scheiner

The National Highway Traffic Safety Administration projects a slight decline in the final tally of traffic fatalities in 2018, even as the number of pedestrian and bicycle deaths continues to rise.

Overall traffic deaths are projected to decline by 1 percent, Forbes reported. However, pedestrian deaths were up 4 percent last year, while bicycle deaths surged 10 percent. Both were already at historic highs. Nationwide, more than 36,000 people were killed on the roads last year.

Our injury lawyers in Fort Myers note Southwest Florida continues to be one of the deadliest areas in the nation for bicycle and pedestrian injuries and fatalities. The Governor’s Highway Safety Association reports California, Florida and Texas annually report the highest number of pedestrian deaths. All three states join Arizona and Georgia in reporting more than 100 pedestrian deaths a year and together account for nearly half of the nation’s fatal pedestrian accidents.

Personal Injury and Wrongful Death Risks in SWFL

July 7, 2019 | Associates and Bruce L. Scheiner

Florida has been named the third most-dangerous state in America.

ABC News reports Florida ranked 48th safest in a study that looked at five factors: Personal and residential safety, financial safety, road safety, workplace safety and emergency preparedness. Only Louisiana and Mississippi ranked worse.

The annual WalletHub report looked at a total of 52 key indicators, including homicides and assault, unemployment levels, and the impact of natural disasters.

Injury lawyers in Fort Myers and Cape Coral know Florida residents continue to be most impacted by road safety. Florida ranked almost dead last for traffic safety and reports the highest levels of traffic fatalities for pedestrian accidents, bicycle accidents and motorcycle accidents, while ranking behind only California and Texas when it comes to drunk driving accidents, car accidents and accidents involving trucks or other large commercial vehicles, according to annual data released by the National Highway Traffic Safety Administration.

Personal Injury and Wrongful Death Claims: Arbitration Agreements

July 6, 2019 | Associates and Bruce L. Scheiner

Corporate America continues to use mandatory arbitration agreements to strip consumers of their right to make civil claims in court.

“Voluntary” and forced arbitration agreements are quickly becoming the norm as businesses seek to shield themselves from liability. Kiplinger Finance recently examined the trend of forced arbitration agreements in credit card and other financial contracts. In many cases, consumers are given the option of opting out of arbitration. It’s critical to read the fine print of your contracts and follow up by opting out of such agreements whenever possible.

While most civil claims, including personal injury and wrongful death lawsuits, are decided in court, arbitration agreements force both sides to agree to settle their differences through an arbitrator of facts, outside the court of law. Frequently, these arbitrators survive on corporate business.

Q & A: Florida’s New Distracted-Driving Law

July 5, 2019 | Associates and Bruce L. Scheiner

Texting and driving became a primary offense this week (July 1) as part of a new law that also prohibits all handheld cellphone use in school zones and active construction sites.

Florida Today reports Florida is among the last states in the nation to prohibit hand-held cell phone use by drivers in school zones and construction sites. Essentially, the rest of the law only bans texting, as most other uses of a phone (dialing, seeking directions, etc.) remain legal, except in school zones or construction sites where workers are present.

As our Fort Myers car accident lawyers reported recently on our Florida Injury Lawyer Blog, Florida continues to lag far behind most other states when it comes to laws aimed at reducing the risks of distracted driving.

Landmark Florida Delivery Driver Wrongful Death Lawsuit Opens in Orlando

June 16, 2019 | Associates and Bruce L. Scheiner

The re-trial of a wrongful death case in Orlando is being closely watched this week as plaintiff attorneys attempt to hold Dominos Pizza Inc. responsible for a fatal traffic accident caused by one of its delivery drivers.

Hot summer jalapeno pepper and meat pizza, macro close up isolated over white

In Wiederhold v. Domino’s Pizza, et al., 2011-CA-001589 lawyers for the victim told jurors at the opening of this week’s trial that Dominos is responsible for the driver’s actions because the company maintained a right of control over the franchise, which rendered the business an agent of the corporation. He said both the franchise owner and store manager would testify that Dominos maintained significant control over the franchise’s day-to-day operations.

Defense counters that the franchise was an independent business and not an agent of the parent company.

Fourth of July Fireworks Safety

June 15, 2019 | Associates and Bruce L. Scheiner

As we enter the height of summer, all of us at Associates and Bruce L. Scheiner, Attorneys for the Injured, wish you a wonderful Independence Day.

The weather is beautiful and the beaches and waterways are flourishing. Our Fort Myers car accident lawyers remind you to plan your trip and drive safely, always designate a driver and avoid distraction. Your number one injury risk this summer is being involved in a traffic collision. Boating and water safety should also be high on your list of concerns if you plan to be on the water.

But each year fireworks hit the night sky to signal the start of the peak summer season. And each year injuries occur, both at sanctioned municipal or corporate shows, or as a result of using backyard fireworks. These incidents are not rare. In fact, they have grown increasingly common amid the nation’s lax enforcement attitude toward fireworks sales. And the injuries typically result in permanent scarring or lasting disability, with severe burns, facial disfigurement, loss of eyesight and loss of fingers being among the most common.

The Insurance Journal reports nearly 13,000 serious firework injuries occur each year in the United States as fireworks sales approach $1 billion amid relaxed laws and enforcement. At least 8 people a year die as result of fireworks injuries. Two-thirds of accidents occur between mid June and mid July.

In Florida, F.S. Chapter 791 governs the sale of fireworks. While the law allows for the sale of fireworks, it prohibits consumer use of anything that explodes or emits sparks, except by permitted groups and organizations that seek advanced permission. Roadside stands and temporary fireworks emporiums that spring up each summer use the law to sell many fireworks that are not legal for consumers to detonate in Florida.

Effectively, Florida law outlaws all but the sparklers, smoke bombs, and other minor novelty items of the type sold at Publix or Walmart.

Driverless Cars Hit the Roads in Southwest Florida

June 14, 2019 | Associates and Bruce L. Scheiner

How long do you think it will be before autonomous vehicles are on the roads of Southwest Florida?

If you think you are fully aware of the breakneck speed at which technology is changing all of our lives, consider this: Self-driving vehicles have already been on the roads of Lee County for more than a year.

Media outlets swarmed over the news this week after Gov. Ron DeSantis signed into law a measure that will allow self-driving cars, without human backup, to hit the roads in Florida in time for the Fourth of July weekend. Fox 13 Orlando reported it will put Florida at the very forefront of a number of progressive states that have sanctioned the use of such technology on public roads.

Commercial Vehicle Collision Risks in SWFL

June 7, 2019 | Associates and Bruce L. Scheiner

Several serious traffic collisions involving dump trucks in Southwest Florida have authorities urging motorists and commercial carriers to use extra caution.

The Florida Highway Patrol continues to investigate a fatal crash involving a dump truck and a Honda in Lehigh Acres, according to The News-Press. In a separate incident, NBC2 reports a dump truck and a UPS truck collided at the intersection of Corkscrew and Alico roads in Estero.

Fort Myers injury lawyers know the risks continue to increase when it comes to being involved in a collision with a commercial vehicle. Southwest Florida’s booming economy means dozens of road construction and community housing projects are underway. And the Internet economy continues to put an increasing number of delivery vehicles on the roads, including traffic from a new Amazon fulfillment center that recently opened in Fort Myers.

Pedestrian Accidents in SWFL: Distracted Walking & Comparative Negligence

June 6, 2019 | Associates and Bruce L. Scheiner

Distracted walking is in the news as the nation grapples with significant increases in the number of serious and fatal pedestrian accidents.

Unfortunately, Florida is all too familiar with the crisis, as the Sunshine State leads the nation in the number of walkers who are injured or killed each year. The National Highway Traffic Safety Administration reports more than 5,000 deaths and 76,000 injuries caused by pedestrian accidents each year; that’s one death every two hours. And, as the Miami Herald reported recently, 9 of the 20 deadliest cities for pedestrians are located in Florida.

Fort Myers injury lawyers know the increased risks faced by walkers are attributable to a number of factors, including lack of proper infrastructure such as sidewalks and street lights, distraction on the part of both the walker and drivers, and the growing prevalence of electric or otherwise silent vehicles.

A study published in 2012 by researchers from New York’s Stony Brook University found that those who texted while walking were 60 percent more likely to veer off course. Headphones are another growing problem. F.S. 316.304 prohibits drivers from wearing headphones, although no such law exists for pedestrian or cyclists.

But, while it’s true distracted walking can increase accident risks, the issue of distracted walking is also being pushed by the insurance industry as a way to reduce the liability of insured drivers for collisions that typically result in very serious or fatal injuries.