Florida Injury Lawyer Blog

Hit-and-Run, Uninsured Motorist Collisions in Southwest Florida

February 26, 2018 | Associates and Bruce L. Scheiner

Recently we reported on a hit-and-run accident involving a tour bus near Immokalee.

Today, our injury lawyers in Fort Myers want to talk about how victims may seek compensation in the wake of such collisions.

From a legal standpoint, these are often underinsured or uninsured motorist accidents unless the at-fault driver is located. Even in cases where the responsible driver is arrested, he or she often lacks adequate insurance, or any insurance at all — and may not even have a driver’s license — as these are all common reasons (in addition to drunk driving) for why motorists may choose to flee the scene of a motor-vehicle collision.

Tour Bus Safety in Focus as SWFL Tourist Season Peaks

February 24, 2018 | Associates and Bruce L. Scheiner

NBC2 is reporting at least 10 people were injured after a hit-and-run accident involving a tour bus.

While our Fort Myers injury lawyers regularly see hit-and-run collisions and underinsured/uninsured motorist accidents, collisions involving tour buses occur less frequently. However, like collisions with tractor-trailers or other large commercial vehicles, such accidents often result in very serious or fatal injuries.

And, from a legal standpoint, collisions with commercial vehicles are always complex cases, particularly when multiple victims are involved.

Child Gunshot Injuries on the Rise in Southwest Florida

February 23, 2018 | Associates and Bruce L. Scheiner

NBC2 is reporting gun deaths involving children are on the rise in Southwest Florida.

According to hospital discharge data, Florida gun deaths involving children under the age of 18 increased from 75 in 2010 to 105 in 2016. Non-fatal hospitalizations and emergency visits were also up substantially. Nationwide, 1,300 kids a year are killed in firearm’s accidents and nearly 6,000 are treated for gunshot wounds, CNN reported.

“This has been a steadily increasing progression, and if you look at the numbers and statistics, it certainly shows that,” said Nelayda Fonte, a trauma surgeon at Lee Health.

Florida Nursing Home Rights in Focus

February 22, 2018 | Associates and Bruce L. Scheiner

Elder care advocates are moving forward with a plan to add a nursing home bill of rights to the Florida Constitution.

Our nursing home neglect attorneys remain alarmed by the state of the nation’s nursing home industry. But perhaps nowhere in the country faces as many challenges as Florida with its aging population. And yet when lawmakers address nursing home issues, it’s more likely than not they are aiming to reduce funding, or supervision, or both.

From fall prevention and treatment of bedsores, to basic emergency planning, the risks are real when it comes to dangers posed by the for-profit nursing home industry.

Fort Myers Man Dies in Fork Lift Accident

February 20, 2018 | Associates and Bruce L. Scheiner

FOX4 is reporting a fork lift accident claimed the life of a 57-year-old landscaper working at a farm on South Tamiami Trail in Fort Myers.

The man was reportedly repairing the fork lift at the time of the incident and was pronounced dead at the scene. The Occupational Safety and Health Administration is investigating.

Work injuries are a common threat in Fort Myers and landscapers are at particularly high risk. Common causes of forklift injuries include forklifts falling from unsecured trailers or docks, workers being struck by forklift, forklifts being driven off docks, workers struck by falling materials, and workers getting crushed between two vehicles. OSHA estimates nearly 100 employees are killed each year in forklift accidents and more than 35,000 are seriously injured.

Drunk Driving, Distracted Driving, Unusual Road Conditions Create Crash Risks

February 14, 2018 | Associates and Bruce L. Scheiner

Recently a North Fort Myers woman was arrested and charged with drunk driving after authorities say she nearly caused a secondary accident after she drove through the marked crime scene of a serious injury crash.

Our personal injury attorneys have spent more than 40 years representing those injured or killed in collisions with drunk drivers. We know too well the pain and suffering caused by motorists who get behind the wheel after having too much to drink. It is a leading cause of traffic collisions nationwide– typically blamed for about one-third of fatal crashes each year. In 2016, Florida reported 3,174 road deaths, with 1,342 of those deaths involving a drunk driver.

In this case, the 41-year-old driver was found to be in possession of marijuana and had a blood-alcohol limit of .154, nearly twice the nationwide legal limit of .08.

Motorcycle Accidents a Winter Danger in SWFL

February 12, 2018 | Associates and Bruce L. Scheiner

While many associate the summer months with higher risk for motorcycle riders, the risk of motorcycle accidents actually hits a peak about this time every winter in Florida.

The weather up north is at its worst. And so is the traffic in Southwest Florida.

Daytona Beach Bike Week takes place March 9 to March 18. And SWFL motorcycle winter riding season is entering its prime.

Southwest Florida Roads Growing Deadlier

February 10, 2018 | Associates and Bruce L. Scheiner

It’s high season in Southwest Florida, which means heavy traffic, frequent fender benders and an increasing number of serious and fatal traffic collisions.

The News-Press is reporting Southwest Florida saw more than 100 traffic deaths last year for the second year in a row.

Our injury lawyers in Fort Myers remind locals and visitors alike that South Florida roads are consistently among the nation’s deadliest across the board– including car accidents, pedestrian accidents, bicycle accidents and motorcycle accidents.

Wrongful Death Lawsuits Filed by Parents Who Owe Child Support

January 31, 2018 | Associates and Bruce L. Scheiner

In Florida wrongful death lawsuits, there are certain individuals who have the right to pursue such action, either as the personal administrator of the deceased or as dependent survivors of the deceased. These are generally, in order, spouses, minor children, dependent parents and dependent siblings. For anyone who owes child support, however, it should be noted that F.S. 409.25656 allows for garnishment of any personal injury or wrongful death damage award for certain outstanding obligations – including child support.

Laws and application vary from state-to-state, but a recent case out of Tennessee challenged similar provisions in that state’s laws.

Ultimately, the state’s highest court awarded a $100,000 settlement in a wrongful death car accident lawsuit to decedent’s husband, who had abandoned both his wife and child shortly after the child was born and who owed a total of $72,000 in child support to his four other unrelated children. That $100,000 settlement is to be garnished for the $72,000 in support, but plaintiff will still receive payment on the rest. Though a state law in Tennessee precludes spouses who abandon (by legal standards) their partners from collecting wrongful death damages for a partner’s death, that law was not in place at the time decedent in this case died. Continue reading ›

Injury Compensation in Florida Bike Path Bicycle Accidents

January 28, 2018 | Associates and Bruce L. Scheiner

Florida has an unfortunate – and well-deserved – reputation for being one of the most dangerous places for bicyclists. More than 800 cyclists die in collisions with motor vehicles annually, according to the National Highway Traffic Safety Administration, and 18 percent of those fatalities occurred right here in the Sunshine State. A huge part of the problem, say traffic safety experts, is a lack of bicycle-friendly roads and facilities. This brings us to another important issue: Unsafe bicycle paths.

This could refer to either a bicycle lane or a pedestrian/ bicycle path not intended for motor vehicle traffic. Although property owners – including the government – have a responsibility to maintain their site in reasonably safe condition for lawful visitors, some claims may be precluded by recreational use statutes. That’s not always going to be the case, so it’s important to at least discuss these matters with an experienced attorney. Most of these types of claims will center on a theory of premises liability. That could mean any individual or entity involved with the bike trail’s design, construction and maintenance could be named a defendant. The duty of care owed by landowners, trail management agencies, non-profit groups and local municipalities is worth investigating.

However, there are a number of possible defenses. Continue reading ›