Florida Injury Lawyer Blog

Side Airbags Dangerous in Nissan Truck, Lawsuit Alleges

March 14, 2016 | Associates and Bruce L. Scheiner

A proposed class action lawsuit alleges side airbags in the Nissan Frontier pickup truck deploy without cause, posing an unreasonable risk of accidents and injuries.

According to court records in Brantley v. Nissan North America Inc. et al., the carmaker is accused of having knowledge of this defect, and yet concealing it and also refusing to pay for repairs and damages to those affected.

The side airbags in question were reportedly designed for 2011-2012 model years. The purpose of the feature is to protect passengers in the event of a rollover or near rollover. Plaintiff alleges the company failed to warn motorists of just how sensitive these air bags can be. Complaint also claims the seat belt pretensioner igniters – the feature that tightens the slack on a safety belt in the event of an accident – is far too sensitive. Continue reading ›

Fridman v. Safeco Ins. Co. of Ill. – Insurance Bad Faith

March 12, 2016 | Associates and Bruce L. Scheiner

Despite slogans that promise to be “on your side,” “like a good neighbor” and to keep you “in good hands,” auto insurance companies do not have your best interests at heart. Time and again, we see examples of insurance companies doing everything in their power to low-ball customers or outright deny legitimate claims.

They hope you’ll eventually give up and take less than what you’re owed. At Associates and Bruce L. Scheiner, Attorneys for the Injured, we make it our top priority to make sure that doesn’t happen.

When an insurer is playing hard ball, one avenue of recourse is a bad faith claim. Insurance companies owe a duty to consumers to act in good faith toward their insureds. That means if they delay, discount or deny payment without just cause, they may be required by courts to pay triple damages. Continue reading ›

Florida Bicycle Safety Bill May Be Losing Its Teeth

March 10, 2016 | Associates and Bruce L. Scheiner

State measures that would bolster protections for bicyclists and pedestrians is in jeopardy of losing critical elements, according to supporters in Southwest Florida.

House Bill 253, currently being weighed in the Economic Affairs Committee, while companion measure SB 332 , is pending a reference review before the Criminal Justice Committee.

They would amend F.S. 316.003, creating F.S. 316.0275, which would establish expanded definitions. They would also provide criminal penalties for certain noncriminal traffic infractions that result in serious bodily injury or death to a person to “vulnerable road users.” They would also direct law enforcement issuing citations for specified violations to note certain information on the citation. Bicycles would be exempted from provisions for passing a vehicle on the right under certain circumstances, and other exemptions would be granted to provisions for no-passing zones. There would also be a portion that would require motor vehicle operators to allow a group of bicycles to travel through an intersection in certain circumstances. Continue reading ›

Wrongful Death in Motor Coach Crash

March 8, 2016 | Associates and Bruce L. Scheiner

Motor coach accidents are an area of concern for traffic safety experts and the public nationwide. In recent years, there have been a number of horrific motor coach and charter bus crashes, which have led to calls for greater regulatory action.

Just this year in California, two women, ages 51 and 76, were killed in San Jose when a Greyhound bus flipped on its side during a rainy morning commute. The women were thrown from the windows of the bus. The 58-year-old driver was reportedly “fatigued” prior to the crash. And late last year in Virginia, dozens of college students were hospitalized after a charter bus overturned when transported students back to campus. The operator was later charged with reckless driving for taking the ramp too quickly.

The Federal Motor Carrier Safety Administration (FMCSA) is the agency in charge of regulating motor carriers. That includes identifying those that may be unsafe and taking corrective action. But what if the regulators don’t act fast enough to stop a dangerous carrier? Can you sue the federal government? Continue reading ›

Sean R. v. BMW of N. Am. – Product Liability for Birth Defect

March 5, 2016 | Associates and Bruce L. Scheiner

When a baby is born with a serious birth defect, families often face numerous challenges. Depending on the problem, the child may require surgery, medication, therapy or other treatments that could last a lifetime.

The majority of birth defects are genetic and probably unavoidable. However, there are some caused by someone’s negligence either during the mother’s pregnancy or in the course of the birthing process. Usually, that means liability on the part of the doctor, nurse or some other health care professional.

However, there may be instances when exposure to certain products is the culprit. In those instances, it may be possible to pursue legal action against the manufacturer or distributors of those products. Continue reading ›

Gores v. Miller – Careful Review of Car Accident Settlements

March 1, 2016 | Associates and Bruce L. Scheiner

Most car accident claims and lawsuits are settled before they ever get to the trial phase. Such settlements should be carefully crafted and reviewed by an experienced lawyer, or else plaintiffs may risk forfeiture of rights to further action against other defendants.

One common clause sometimes tucked into these agreements is the release of “all other claims that might develop.” This phrase can be especially troublesome because it could block legal action against other defendants – even if they have yet to be identified.

This was the situation in Gores v. Miller, a case recently before the South Dakota Supreme Court. Plaintiff was the conservator of a minor, just 15-years-old, who was injured in a crash as a passenger in a vehicle driven by a friend. In her settlement with the driver’s insurance company, she signed a general release for “all other claims that might develop.” Continue reading ›

Report: Southwest Florida at Risk from Bad Drivers

February 29, 2016 | Associates and Bruce L. Scheiner

In a recent article published in Gulfshore Life, Reporter Jennifer Reed began with the observation that, as someone who drives 60 hours a day round-trip at least five days every week, drivers in Southwest Florida “stink.”

She qualifies this by saying she used to live in Massachusetts, where drivers have a notorious less-than-stellar reputation. But here in Florida, she said, “this is one big drag race, slowed only slightly by traffic signals, when they are actually obeyed.”

Not wanting to rely solely on her own opinions, Reed took her reporter’s notebook to the Lee County Justice Center, where criminal traffic arraignments start at 8:30 a.m. on the dot. Reed described it as “the unhappiest place on earth,” with 96 people on the docket – a “light day,” explains a deputy. Continue reading ›

Fort Myers Bike Crash Crisis Curtailing?

February 27, 2016 | Associates and Bruce L. Scheiner

Florida is the most lethal state in the nation for bicyclists, and South Florida is particularly perilous for those on two wheels.

As The News-Press has reported, 2014 was an especially horrific year. There was a woman who spat on a cyclist after driving into him in Naples. Then there was the man who careened into a row of cyclists on Fort Myers Beach and then said, “I should have hit them harder.” And in Cape Coral, a driver actually shot a cyclist who asked him to slow down.

As more cycling lanes have been added awareness of the issue has grown, some cyclists feel the hostile climate is slowly shifting. Nearly 18 percent in a recent poll said cycling in Lee is getting safer. That may be reflected in preliminary crash statistics for 2015. Continue reading ›

Foster-Naser v. Aurora County – Road Sign Maintenance

February 26, 2016 | Associates and Bruce L. Scheiner

Roadway signs are the means by which drivers learn the rules, warnings, guidance and other information necessary to safely navigate their route. Erection and maintenance of roadway signs are the responsibility of whoever owns that street, whether it’s a local township, county, city or state.

There are sometimes contracts between these entities wherein the owner of the road will sign over certain rights in exchange for maintenance duties. According to the Federal Highway Administration, signs are only effective if you can clearly see them. That’s why it’s imperative to:

Clean them;
Implement vegetation control;
Protect them from theft;
Make sure they are properly supported and adjusted.

These are all reasonable steps that governments can take to ensure the signs are visible and drivers can safely navigate. But what if a government agency doesn’t take reasonable measures? If it results in a driver being involved in an injurious crash he or she likely would have otherwise avoided, it’s plausible there are grounds for personal injury litigation. Continue reading ›

Manfre v. Shinkle – Horse in Road Liability Lawsuit

February 25, 2016 | Associates and Bruce L. Scheiner

Most horse owners and caretakers do their best to properly restrain and confine horses and livestock. These animals are expensive to purchase and maintain and for many people, they are also beloved pets.

However, if these animals do make their way onto a public road, they put the public at serious risk of injury or death. The average horse weighs between 840 to 1,210 pounds, and the average cow weighs nearly a ton. Striking an animal that size – even at a relatively low speed – can result in major damage to one’s vehicle and person.

In these situations, who is responsible? Injury victims may have several options, depending on the circumstances. But in the recent case of Manfre v. Shinkle, Florida’s Fifth District Court of Appeal determined plaintiff couldn’t hold the local sheriff’s office accountable. Continue reading ›