Florida Injury Lawyer Blog

Naples Bus Accident Injures Two Students, Bus Driver At-Fault

April 14, 2017 | Associates and Bruce L. Scheiner

A school bus accident in Naples recently resulted in injuries to two students, and the driver of the bus has been found at-fault.

WINK News reports the crash happened one Monday morning as students were being transported to Lely High School. The Florida Highway Patrol initiated an investigation after the students were transported to a local hospital. Authorities have characterized student injuries as minor, but it’s worth noting not all injuries are apparent immediately after a collision.

The 61-year-old driver of the bus was cited for failure to yield the right-of-way at U.S. 41 and Broward Street. The bus was turning left and did so directly into the path of a 20-year-old motorist operating a Jeep Cherokee. That driver was seriously injured and was transported to Lee Memorial Hospital. Although both drivers had a green light, the bus driver was at-fault for making a left turn into oncoming traffic. Continue reading ›

Rideshare Insurance Mandate Passes Florida Senate

April 12, 2017 | Associates and Bruce L. Scheiner

Florida senators overseeing the state Senate Banking and Insurance Committee approved a bill that would establish regulations and insurance mandates for popular ridesharing companies like Uber and Lyft.

SB 340 passed by a margin of 7-2.

If the bill makes its way through the entire state senate, it would establish a statewide regulatory framework for all drivers of the ridesharing service. This would include parameters regarding how much insurance coverage drivers would need to carry when they are not covered by the rideshare service’s plan. Continue reading ›

Report: Florida Motorcycle Accident Deaths Up 30 Percent

April 10, 2017 | Associates and Bruce L. Scheiner

Last month marked the 76th annual Daytona Bike Week, where hundreds of thousands of motorcyclists thundered into Florida to enjoy the warm climate and camaraderie.

While initial reports were that motorcycle accidents surrounding the event had tapered off, this news was dampened by recently-released figures from AAA, which reported Florida had a stunning 30 percent uptick in motorcycle deaths in 2015. Perhaps not surprising given that number, Florida was also reported to have the highest number of motorcycle deaths in the nation. It held the same top spot last year.

AAA reported there were 26 motorcycle accident deaths in Lee County, which means it tied for sixth place statewide for the most rider deaths in 2015. Miami-Dade reportedly ranked No. 1 with 67 motorcycle crash deaths that year, and Hillsborough ranked No. 2 with 48 fatalities. Continue reading ›

Report: Florida Workplace Deaths Rise Faster Than National Rate

April 8, 2017 | Associates and Bruce L. Scheiner

Nationally, workplaces are getting safer. The chances of dying on-the-job have decreased across the board.

But in Florida, there is actually a different trend being realized. According to The Orlando Sentinel, workplaces in the Sunshine state are becoming less safe.

In the most recent year-long reporting period, the U.S. Bureau of Labor Statistics reports the rate of Florida’s workplace fatalities climbed from a rate of 2.7 for every 1,000 full-time workers to 3.1 for every 1,000 workers. Meanwhile, the national fatality rate nationwide dropped, from 3.43 to 3.38. Continue reading ›

Florida Drugged Driving an Increasing Risk Amid Heroin Scourge

April 6, 2017 | Associates and Bruce L. Scheiner

Recently, a 40-year-old Florida woman was arrested on charges of child neglect and drug possession after she was found passed out at the wheel of her vehicle, parked in a gas station with her 4-year-old son in the back seat. According to News4Jax, police were called by a passerby who discovered she needed medical attention. After she was revived, she allegedly conceded to officers that she’d been using heroin in front of her son and that she’d momentarily blacked out.

The boy was turned over to the custody of his father, the woman’s husband, who told police that while he suspected his wife had a problem, he didn’t realize it had gotten this bad. Thankfully, the vehicle wasn’t moving at the time of the incident and the boy was not injured, and neither was anyone else. But there is plenty of evidence that an increasing number of drivers are behind the wheel under the influence of drugs – which puts all of us at high risk of collisions resulting in injury and even death.

Federal data reveals every two hours, someone in South Florida suffers a heroin overdose. Perhaps this isn’t entirely shocking, given that southern Florida has always been at the forefront of drug abuse epidemics. There was cocaine and then crack cocaine in the 1980s. Then there was oxycodone and other painkillers, which turned this region into the “pill mill capital” of the country. Then we started seeing a rush of synthetic drugs – aka “bath salts” – over the last few years. Now, we have become a hot spot for abuse of heroin and synthetic opioids, carfentanil and fentanyl. Continue reading ›

More Children Injured, Killed in Car Accidents, Data Shows

March 31, 2017 | Associates and Bruce L. Scheiner

Car accidents are increasingly common in the U.S. A new report from the National Highway Traffic Safety Administration (NHTSA) reveals that unfortunately, children are not immune to the risks.

As you may know, motor vehicle crashes are on of the main killers of children under 14, who comprise about 19 percent of the total population. Of the more than 35,000 people killed in traffic crashes in 2015, 3 percent were children. What’s especially troubling is that there were 1,132 children reportedly killed in car accidents in 2015, and this marked a 5 percent increase from the 1,073 who lost their lives in 2014.

What this means is that every day, three innocent children were killed in crashes. Another 487 were injured, amounting to 178,000 for the year. Of those fatal crashes in which we know the status of child restraint use (775 cases), 39 percent weren’t wearing a seat belt or properly strapped in to a car seat. We also can’t overlook the fact that children made up 4 percent of all pedestrian accident fatalities (223 out of 5,376) and five percent of all bicycle accident deaths (44 out of 818). Additionally, 16 percent of child crash victims died in alcohol-related crashes. Continue reading ›

$18.5M Motorcycle Accident Settlement Reached for Man With Critical Injuries

March 31, 2017 | Associates and Bruce L. Scheiner

An injury lawsuit has been resolved with an $18.5 million settlement on behalf of a man who suffered critical injuries in a motorcycle accident two years ago.

The claim was filed against both the state’s department of transportation, as well as a construction contractor whose employee made an illegal U-turn without warning on a highway on-ramp, straight into the motorcyclist’s path.

Although claims against the government and government contractors are often wrought with complications and technicalities, this case shows they are often worth pursuing. Such matters should only be handled by experienced attorneys from well-resourced law firms that can capably prepare for a trial, if necessary. Continue reading ›

Report: Bike Week & Biketoberfest Motorcycle Deaths at Historic Low

March 30, 2017 | Associates and Bruce L. Scheiner

Every year, tens of thousands of motorcycle enthusiasts come roaring into Florida or travel from various corners of the state to attend the two biggest annual motorcycle events on the East Coast: Bike Week and Biketoberfest, both held in Daytona Beach. The former is held every spring and the latter every fall. These yearly events draw huge crowds and are great for local and state economies.

However, motorcycle accidents also spike during that time. Officials have estimated nearly 500 people have died in motorcycle accidents in Flagler and Volusia counties between 2005 and 2015, with more than one-third of those crashes involving one of the areas two big biking events. That’s according to an analysis of data from the National Highway Traffic Safety Administration (NHTSA) conducted by the Daytona News-Journal. Those incidents have included:

Motorcyclists crashing into utility poles at 45 mph.
Motorcyclists drifting into oncoming traffic on S.R. 40.
Motorcyclists losing control and being thrown from their rides.

Just at the most recent Bike Week, one man died and three were injured in a Saturday crash when two motorcycles collided. The following day, a female rider was killed in another crash.

Still, there may be a silver lining in the analysis. That is that motorcycle deaths at these two massive events appear to have been at a historic low in 2015 (the last year for which final numbers are available). Continue reading ›

NHTSA: Bicycle Accident Deaths on the Rise

March 29, 2017 | Associates and Bruce L. Scheiner

The number of bicycle accident deaths is on the rise. Florida not only had the highest number of such fatalities, it reported the second-highest rate of deaths, when factoring in both population and percentage of total traffic deaths.

This troubling news means once again, Florida is the most dangerous place for bicyclists in the country. It’s an issue about which our leaders – and drivers – must take more proactive measures if we hope to change course.

The report, released by the National Highway Traffic Safety Administration (NHTSA), reveals there were 818 bicyclists killed in the U.S. in 2015 (the latest year for which final statistics are available). This accounted for 2.3 percent of the total number of traffic deaths that year and marked a stunning 12.2 percent hike as compared to the final death toll tallied in 2014, when 729 bicyclists lost their lives. Continue reading ›

Dog Bite Injury Claim Considered

March 29, 2017 | Associates and Bruce L. Scheiner

Florida’s dog bite injury statute, F.S. 767.04, indicates that people who own dogs or are responsible for controlling them may be liable if that person bites a dog – regardless of whether the dog had previously shown a propensity to bite or be vicious.

However, every state has a different approach to liability. Others don’t afford the same protections as as our state.

For example in Georgia, the law requires a finding that the owner/ controller of the dog knew or should have known it was dangerous or had a propensity to be vicious. In a recent case before the Georgia Supreme Court, justices were asked to consider whether this alleged knowledge of the dog’s viciousness was a matter of law for a judge to decide or a matter of fact for a jury. Justices sided with the latter interpretation, reversing the appellate court and remanding the injury case for a trial by jury. Continue reading ›