Florida Injury Lawyer Blog

Report: Lee, Collier Emergency Responders Face Distraction Risks

July 30, 2015 | Associates and Bruce L. Scheiner

At Associates and Bruce L. Scheiner, Attorneys for the Injured, we laud the hard work and sacrifice of our emergency responders. That includes police, firefighters and EMS workers who routinely rush into potentially dangerous situations for the safety and well-being of others.

This said, there was a troubling report recently released following an investigation by the Naples Daily News that raises concerns about the level of distraction with which these workers contend when they drive.

The newspaper found that more than 4,100 crashes throughout Florida in recent years were caused by distraction and involved an emergency responder. These are supposed to be the best-trained drivers in the state, and yet these workers – especially in Southwest Florida – had an especially high rate of distraction-related crashes when compared to the general public.

Ray v. Draeger – Insurance Industry Connections With Crash Case Expert Witnesses

July 29, 2015 | Associates and Bruce L. Scheiner

In car accident lawsuits, it is not uncommon for both sides to present testimony from experts to prove their respective positions. Experts could range from medical doctors, who would attest to extent of injuries, causation of injuries and reasonable treatments for those injuries. Accident reconstructionists could attest to the nature and cause of the crash. Mental health experts could speak to the emotional trauma.

It’s also fairly common for insurance companies to consult the same experts over and over again. These expert witnesses are compensated for their time and travel.

This can raise questions of bias when insurers use the same witnesses repeatedly. In effect, these witnesses derive a substantial profit from testifying on a regular basis on behalf of insurance companies/defendants, and this may raise valid questions regarding the witness’s potential bias.

Florida Designates Rest Stops, Other Locations as “Safe Phone Zones”

July 28, 2015 | Associates and Bruce L. Scheiner

Two years ago, a 25-year-old recent University of Florida graduate was fishing on a bridge in Brevard County when he was struck by a vehicle, thrown into the water and drowned.

The driver who struck him had glanced down to check a text message.

His mother, speaking at a recent “Staying Alive on Florida’s Roadways” event lamented, “His life was not meant to be over.”

Bicyclist vs. Truck Accident Injuries Could be Curbed With Side Guards

July 26, 2015 | Associates and Bruce L. Scheiner

When large trucks and bicycles collide, the potential for serious injury is very high. One of the reasons is because an individual who is on a bicycle or on foot can get thrown underneath the truck and be run over by the back wheels.

With an increasing number of truck vs. bicyclist and truck vs. pedestrian injuries occurring, particularly in urban areas, both municipalities and private trucking companies are taking a simple action that could help reduce the severity of these incidents. They are installing side guards on large trucks.

These metal panels run between the two sets of wheels on larger trucks, and prevent a person who is hit by a truck from falling underneath the vehicle and into the path of the rear wheels. It may not reduce the number of accidents, but it helps to decrease the chances the bicyclist or pedestrian will be killed or suffer catastrophic injury.

Doe v. Hartford Roman Catholic Diocesan Corp. – $1M Sex Abuse Verdict Affirmed

July 24, 2015 | Associates and Bruce L. Scheiner

There are few figures historically who were trusted more by families than Catholic priests. That may remain true for many. However, over the last three decades, a flood of allegations of sexual abuse and sexual assault by priests began to emerge, with growing evidence that various dioceses and eparchies were more interested in protecting the church than preventing abuse.

The Vatican reports that between 2011 and 2012, it defrocked almost 400 priests connected to sex abuse scandals. Some of the bishops who oversaw those priests have resigned, but many more still remain in their former positions.

In the U.S., at least 17,000 people have come forward to allege sexual abuse as children by priests between 1950 and 2012. These are only those allegations deemed “credible” by the U.S. Conference of Catholic Bishops.

Sanon v. City of Pella – Drownings in Pool Spur Negligence Lawsuit

July 22, 2015 | Associates and Bruce L. Scheiner

Owners and managers of swimming pools – whether public or private – owe a duty of care to those using the facilities.

They are obligated to keep the premises reasonably safe for guests and, in some cases, even anticipated trespassers. Pools are considered “attractive nuisances,” meaning it’s known children will be drawn to them, and thus access has to be adequately restricted.

It also means property owners need to make sure the pool structure, gates, barriers, drains and other elements meet state safety requirements. Residential swimming pool safety laws are spelled out in F.S. 515, while public swimming pool standards are found in F.S. 514.

Bermudez v. Ciolek – Bicyclist $3.7M Injury Verdict Affirmed, With Modification

July 20, 2015 | Associates and Bruce L. Scheiner

An injured bicyclist will receive the $3.7 million a jury awarded him following a trial, although his damages were reduced by $46,000 based on an appeals court ruling that a portion of his damages wasn’t supported by the evidence.

According to California Appeals Court records in Bermudez v. Ciolek, two vehicles crashed at an intersection in January 2012. At the time, the traffic light was transitioning from green to yellow to red. One of those drivers (V1) was turning left while the other driver (V2), traveling the opposite direction, was trying to go straight.

After impact, V2 veered into a corner of the intersection and struck a bicyclist on the sidewalk.

Growing Number of Fort Myers Traffic Deaths Frustrates Safety Advocates

July 18, 2015 | Associates and Bruce L. Scheiner

Lee County had a record number of traffic deaths in 2007. It was the height of the housing bubble burst, and the county’s population had ballooned rapidly. There were a host of construction vehicles, trucks and an influx of new residents. There were 106 people who died on our roads that year.

But then the recession hit, the price of gasoline spiked and fewer people were driving. There was also an exodus of residents and commercial vehicles weren’t seen as frequently.

Now, we’re back on the upswing financially. But that’s apparently not all good news, as The News-Press recently reported. As of June 30, county officials tallied 52 roadway deaths. The year is only half-over, which means at this rate, we are going to either meet or surpass the number of traffic accident deaths that occurred here in 2007.

Windshield Devices Aim to Curb Distraction, But Some Argue They Create It

July 17, 2015 | Associates and Bruce L. Scheiner

A number of car manufacturers are working on technology they hope will reduce distraction while driving. However, these efforts work within a model that essentially says, “If you can’t beat ’em, join ’em.”

Automakers don’t believe they’ll be able to quell drivers’ desire to stay in touch at all times. So they are working on ways to make doing so safer. But some traffic safety advocates wonder if these well-meaning efforts will backfire by making it easier for drivers to be distracted.

A recent article in The New York Times weighs both sides of the debate.

Report: Lee County Traffic Deaths on the Rise

July 15, 2015 | Associates and Bruce L. Scheiner

The latest Lee County traffic statistics reveal troubling news. The News-Press reports that during the first six months of this year, there was a 32 percent increase in the number of traffic deaths as compared to the first six months of 2014.

As we head into the summer driving season, there have been 43 people killed in Lee County traffic crashes so far this year. If we continue that pace, the county will see more than 100 traffic deaths for the first time in eight years. The county tallied 106 traffic fatalities back in 2007, which was a record.

Victims ranged in age from 10-years-old to 85-years-old. Some were operating souped up pickup trucks and others were simply moving along in typical sedans. Among the most recent incidents: