Florida Injury Lawyer Blog

Back Seat Passengers Face Unique Risks in Crash

February 27, 2015 | Associates and Bruce L. Scheiner

The recent death of veteran newsman and “60 minutes” correspondent Bob Simon has raised a number of questions about how safe back seat passengers are in the event of a crash.

Simon was killed while riding in a livery cab in Manhattan. Although he was not wearing a seat belt, officials say he was not violating any laws, as passengers in vehicles-for-hire are not required to wear seat belts. (Similarly, Florida law requires only front seat passengers to be belted in, and all passengers under 18 must buckle up.)

Such laws tend to imply the back seat is somehow a safer place in the event of a crash, and that isn’t necessarily true.
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Moses v. Drake – Pregnant Women Involved in Car Accidents Require Special Consideration

February 19, 2015 | Associates and Bruce L. Scheiner

In any car accident litigation, one of the primary issues is causation. That is, plaintiff has the burden of proving that injuries for which damages are sought were indeed caused by the crash.

In some cases, this is relatively straightforward, particularly in a serious crash, where one seeks immediate medical attention and the injuries sustained are well-documented and undisputed.

For pregnant women, damage to the unborn child as a result of the crash is unquestionably a compensable injury. However, proving the cause-and-effect relationship can be difficult, particularly if the pregnancy was considered high-risk prior to the crash.
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Vargas v. FMI, Inc. – Truck Injury Liability per FMCSA

February 18, 2015 | Associates and Bruce L. Scheiner

A federal law called the “Graves Amendment” was passed several years ago at the behest of the rental car industry, seeking to eliminate liability for the wrongdoing of customers who rented their vehicles. Prior to that, virtually all owners of vehicles could be held vicariously liable for damages resulting from negligent use of that vehicle.

While the Graves Amendment was intended to ease the burden on the rental car industry, it has been increasingly used by the trucking industry to attempt to limit liability by owners of tractors and trailers. Because of the way the industry is structured, the owner of a large truck is not necessarily the same as the owner of the trailer and is not necessarily the employer of the driver. In fact, a fragmented structure is the norm.

The good news is legislators have recognized the public must be protected in the event of a collision with a large truck. Laws have been written in such a way that courts’ interpretations of them have limited the reprieve – if any – trucking companies can receive under Graves.
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Fort Myers Bicycle Safety Fight Gets National Stage

February 17, 2015 | Associates and Bruce L. Scheiner

A Fort Myers bicyclist’s successful challenge of a ticket for failing to adhere to the right side of the road went national, after a story in The News-Press was picked up by USA Today, likely in recognition of the fact that an increasing number of cyclists are trying to protect themselves by riding in the center of a lane.

They do have the right to do so, though many motorists and even police officers – as this case reveals – don’t appreciate the practice. Florida law requires bicyclists to ride either in a marked bicycle lane or, if their is none, as close as practicable to the right-hand curb or edge of the roadway.

FS. 316.2065 allows for exceptions when it’s reasonably necessary to avoid a condition or potential conflict that might make it unsafe to do so. That includes in situations where the lane is of a substandard width – that is, where the lane is too narrow for the cyclist and the other vehicle to travel safely side-by-side. In these instances, cyclists are allowed to take up the entire lane.
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Mincey v. Honda and Takata – Air Bag Lawsuit Filed

February 14, 2015 | Associates and Bruce L. Scheiner

An elderly woman was rendered quadriplegic following a car accident last year in Northern Florida. Now, the 76-year-old has filed lawsuit against the vehicle manufacturer, as well as the maker of an allegedly defective airbag in her Honda Civic.

In the 60-page lawsuit Mincey v. Honda and Takata, she details the day she was involved in a relatively minor crash last June at an intersection. Her airbag, rather than deploying with reasonable force, exploded violently, she asserts. This was the result of excessive pressurization.

Not only did the airbag system fail to protect her from injury, but she says it actually increased or enhanced injuries sustained above beyond what she might have incurred had the airbag system not deployed at all.
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Bitgood v. Gordon Greene Post of Am. Legion – Bar Fight Injury Liability

February 13, 2015 | Associates and Bruce L. Scheiner

When injuries stem from an altercation fueled by barroom bravado or alcohol, it is possible the owner of the bar, restaurant or nightclub could be held liable for damages.

It depends on the underlying circumstances. Under Florida premises liability laws, establishments have a responsibility to keep their property reasonably safe from foreseeable danger. In places where alcohol is served, that means ensuring there is adequate security and protocol in place to respond when disturbances inevitably occur.

It was on this basis plaintiff in Bitgood v. Gordon Greene Post Number 27 of the Am. Legion was able to secure judgment against a bar where his injuries were inflicted by another patron. The case was recently weighed by the Rhode Island Supreme Court.
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Florida Report: DUI Ignition Interlock Program Expansion Recommended

February 12, 2015 | Associates and Bruce L. Scheiner

DUI ignition interlock devices are effective at driving down recidivism rates among impaired driving offenders – but only so long as they are installed. Those rates begin to creep back up as soon as the devices are uninstalled.

This is according to a new report by The Florida Legislature Office of Program Policy Analysis and Government Accountability, which recommends the state expand its ignition interlock program to encompass all first-time DUI offenders, as well as imposition for extended duration. The report also looks at how we might address problems with the program, such as the fact that only about half of those required to install the device actually do so.

According to researchers, there were 50,377 drivers arrested in Florida for drunk-driving in 2013. Most typically have their driver’s license revoked for six months or more upon conviction.
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Fort Myers Beach Accident Blamed on Fainting Driver

February 2, 2015 | Associates and Bruce L. Scheiner

News of a terrifying crash on Fort Myers Beach recently made national headlines after the emergence of a surveillance video that captured the scene. The 67-year-old driver, from Michigan, reportedly fainted behind the wheel before slamming into a pickup truck and flipping her own vehicle into the eating area of taco stand on Estero Boulevard.

Her 80-year-old passenger grabbed the wheel but was unable to remove her foot from the accelerator as they careened toward the box truck traveling 60 mph.

The woman would later tell a local news affiliate she had begun to have fainting episodes prior to embarking on her Florida vacation. However, she insists she was cleared by a doctor to drive.
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“Daredevil Motorcyclists” Not the Norm in South Florida

February 1, 2015 | Associates and Bruce L. Scheiner

A large group of speeding, wheelie-popping daredevil motorcyclists and all-terrain vehicle operators have made headlines as they’ve roared across South Florida highways, recklessly weaving in and out of traffic and surprising unsuspecting motorists.

Most weren’t riding helmets as they zoomed by at speeds in excess of 100 mph. Some were even operating on the wrong side of the road, performing stunts and blocking roads. Other drivers called authorities to complain members of the group weren’t stopping for red lights.

Troopers with the Florida Highway Patrol arrested one man and cited two others recently as one large group raced northbound along I-95. Not long after, there was unsurprisingly a crash with injuries involving one of the riders from the group.

In recent weeks, reporters noted there has been a flurry of activity on sites like Twitter, where one South Florida rapper with 3 million followers has been promoting “Miami Bike Life” stunts and rides.

Law enforcement insists it is monitoring these groups, and the greatest concern has been the fact they sometimes put other motorists at risk.

While these kinds of incidents rightly stir debate and generate a fair amount of web traffic for news sites, they aren’t indicative of the typical motorcycle rider. Further, the crashes involved aren’t indicative of the typical motorcycle accident in Southwest Florida.

According to the National Highway Traffic Safety Administration, the overall number of motorcycle fatalities occurring in 2012 (the latest year for which statistics are available) increased 7 percent compared to the prior year. The number of motorcycle injuries climbed 15 percent in that same time frame.

Florida had more motorcyclists killed that year than in any other state – 456 – followed by Texas and California.

Of those involved in fatal crashes, four out of five did not have any prior speeding convictions and most did not have any prior recorded suspensions or revocations. Only 4 percent had prior DUI convictions and 12 percent had any recorded prior crashes.

What that tells us is the vast majority of motorcycle operators are responsible and law-abiding. Most of the time, crashes occur because drivers of other vehicles aren’t keeping a proper lookout, and end up causing a collision. In fact, federal statistics show the top cause of motorcycle accidents is a motorist who fails to yield and turns into the path of an oncoming rider.

Motorcyclists inherently lack the same kind of protection as those in motor vehicles, and therefore sustain more frequent and more serious injuries.

It as recently reported troopers in Fort Myers are looking for a hit-and-run driver who struck and killed a 45-year-old husband and father of two on a motorcycle on I-75 earlier this month. Friends say he was always cautious on his motorcycle, had taken safety courses and always wore a helmet.

In another recent case, a 25-year-old motorcyclist was killed in South Fort Myers on U.S. 41 when a 53-year-old pickup driver reportedly crossed into the path of the motorcyclist and struck him while trying to turn left. The motorcyclist died at the scene.

Those injured in motorcycle accidents should contact an experienced motorcycle injury lawyer to protect their rights.
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Negligence Alone Insufficient for Compensation

January 31, 2015 | Associates and Bruce L. Scheiner

In any personal injury lawsuit, there are some basic legal and factual requirements that must be met in order for the claim to succeed.

These requirements include establishment of:
–A duty owed by defendant to plaintiff;
–A breach of that duty;
–Proof that breach proximately caused plaintiff’s injuries;
–Compensable damages.

If any one of these elements goes wanting, the entire case will fail.
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