Florida Injury Lawyer Blog

Distracted Driving a Major Threat in Height of SWFL Tourist Season

March 10, 2014 | Associates and Bruce L. Scheiner

If you knew that applying a thicker layer of mascara could kill you, would you do it? If you had an inkling that turning around to talk to your child could result in lifelong injuries for both of you, would you take the chance? What if unwrapping that sandwich meant you’d spend the next several months eating through a tube?

These may sound like extreme examples, but the reality is that distracted driving is a major cause of crashes. Removing your eyes from the road for any length of time is a risk, but there is evidence that we’ve managed to downplay the significance of it.

A recent insurance-industry article published in Insurance Business America indicates that many distracted driving offenses that result in crashes are lumped into “careless driving” charges. That is, the officer may be able to show that the offending driver drifted left of center or made an illegal turn or ran a red light. However, proving that they were texting or eating or scolding their children is much tougher.

As we enter the height of Southwest Florida’s tourist season, let’s all keep our attention focused on the road.
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Cape Coral Pedestrian Injury Highlights Risk of Social Media

March 5, 2014 | Associates and Bruce L. Scheiner

Courts in Florida and throughout the country have repeatedly ruled that what you post, tweet or share on social media is discoverable in court. That means the other side can gain access, and use the evidence to their advantage – even present it to a jury.

This is true in civil as well as criminal courts, and those even thinking of filing a Fort Myers personal injury lawsuit would do well to limit any public discussion of it.

This was the issue that arose recently in a Cape Coral case, Root v. Balfour Beatty Construction, et al., in which defendants sought access to the Facebook interactions of the mother of a seriously injured toddler.
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South Florida Dog Bite Injuries Grounds for Compensation

March 3, 2014 | Associates and Bruce L. Scheiner

A dog that cornered a group of high school students, biting a 14-year-old boy and one other, was shot and wounded by a police officer in South Florida recently.

The Tampa Bay Times reports the dog, which was described as a mixed breed, broke loose from a chain in a back yard, and then wandered into an intersection, where it attacked a 14-year-old boy who was on his way to school. The dog then cornered a group of students, aggressively barking and nipping at them.

A 44-year-old woman driving by saw what was happening and intervened, grabbing a rake from the back of her car to fend off the dog while the students fled into a yard that was protected by a fence. She too was bitten on the leg by the dog before the officer arrived. The dog lunged at the cop, who then shot it in the shoulder.
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Drugged Driving Concerns as Medical Marijuana Advocates Prepare for Vote

March 1, 2014 | Associates and Bruce L. Scheiner

While many states have in the past several years approved the legal use and sale of marijuana for medicinal purposes, there is no state in the union where it’s legal to drive under the influence of the drug.

But our Fort Myers car accident lawyers recognize that isn’t stopping people, which especially concerning here in Florida as support swells for the passage of medical marijuana legislation here in the Sunshine State.

In a study published in a recent issue of the American Journal of Epidemiology, researchers from Columbia University say that marijuana was detected in the dead bodies of three times more drivers involved in fatal crashes in 2010 than in 1999. This certainly speaks to the increased availability of the drug, as the number of states where it is now legal has reached 20 and more – including Florida – may be on the horizon.
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School Violence a Common Cause of Child Injury

February 26, 2014 | Associates and Bruce L. Scheiner

Recently at a South Florida high school, cell phone video captured a fight that broke out among a group of girls. The teens traded verbal insults for a good five minutes before it dissolved into a physical fight.

In the course of the five-minute video, only one teacher is present and trying to address the situation. It isn’t until the very end that backup arrives, and this has raised serious questions about supervision and other issues.

Our Fort Myers injury lawyers know some 90,000 children each year must be taken to the emergency room after suffering some type of assault at school. Even though most child injuries that occur on school grounds are of an accidental nature, violent confrontations on school grounds between students are an increasingly serious problem.
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Facebook, Social Media and Your Personal Injury Case

February 24, 2014 | Associates and Bruce L. Scheiner

The content of a Facebook page maintained by the mother of a critically-injured Cape Coral boy will not be subject to review by the companies being sued for contributing to the boy’s injuries.

That’s according to a ruling by the panel of judges on Florida’s Second District Court of Appeals in the case of Root v. Balfour Beatty Construction LLC .

While the plaintiff in this case should consider this decision a victory, our Cape Coral personal injury lawyers recognize it as a cautionary tale to other complainants in all types of personal injury claims. The fact is that courts have at times ruled that social media posts, videos, likes, comments and even private messages may be subject to discovery by the opposing side.
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Fort Myers Rollover Crash Highlights SUV Risks

February 22, 2014 | Associates and Bruce L. Scheiner

Eight people suffered injuries recently in a Fort Myers rollover crash involving a sport utility vehicle and a passenger van.

According to news reports, the 25-year-old driver of the van was traveling west on Daniels Parkway when, for reasons unknown, he crossed over several lanes of traffic and the concrete median and then into the opposite lane.

As a result, a van struck the driver’s side of a Chevy Tahoe SUV, causing the Tahoe to flip over onto the grassy shoulder before slamming into a nearby tree. The 30-year-old driver of the SUV was seriously injured, while his 26-year-old female passenger suffered minor injuries.An infant in the vehicle did not suffer injuries.
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Experienced Legal Help Often Best Handles Hopsital Liens

February 15, 2014 | Associates and Bruce L. Scheiner

Victims of negligence need to understand laws giving hospitals the right to have outstanding medical bills paid from a patient’s future personal injury award, regardless of automobile insurance coverage.

Where a hospital lien has been filed in accordance with law, a patient who otherwise cannot pay for medical treatment may first have to pay the hospital out of any personal injury judgment or settlement.

Our Fort Myers personal injury attorneys understand when and how hospital liens become enforceable, what constitutes valid notice of a lien, and who is liable for the lien when there is a judgment or settlement. In some cases, the amount of the lien can be negotiated down on behalf of a client. Additionally, hospitals are not required to submit to Medicare or private health insurance when treating an accident victim, which means such charges may be posted to liens regardless of whether health insurance is available to pay them.
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New Safety Rule May Reduce SWFL Trucking Accidents

February 14, 2014 | Associates and Bruce L. Scheiner

Truck drivers who follow new federal rules requiring additional nighttime rest are more alert and less likely to deviate from their lane on the highway, according to a recent study.

The independent study found that the so-called “restart” provision in the current U.S. Department of Transportation hours-of-service rule for commercial truck drivers is more effective at reducing dangerous fatigue than the earlier rule, which required less nighttime rest.

Our Fort Myers personal injury attorneys are aggressive advocates for the victims of trucking accidents.
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Emphasize Teen Driver Safety as SWFL Prom Season Nears

February 13, 2014 | Associates and Bruce L. Scheiner

Prom is supposed to be one of the most memorable events of a teenager’s life. But prom night all too often ends in tragedy, with an estimated 500 students dying in alcohol-related traffic accidents during graduation season each year in the U.S.

And apart from the dangers of alcohol, there are always prom dates, friends and cellphones to distract the typical teen driver from keeping their eyes safely on the road.

Our Fort Myers personal injury attorneys have long supported efforts to promote safe teen driving. We encourage parents and students to start thinking today of strategies that will make the upcoming prom season safe in addition to joyous.
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