Florida Injury Lawyer Blog

SWFL Construction Accidents an Increasing Risk with Improving Economy

January 15, 2014 | Associates and Bruce L. Scheiner

In 2012, the U.S. Bureau of Labor Statistics (BLS) reports that there were more than 4,300 workers who were killed on the job. On average, we lose more than 84 lives a week or nearly 12 deaths every day, according to the United States Department of Labor.

Of these fatalities, close to 4,000 occurred in the private industry. Close to 800 of them occurred in construction. With the economy seeing improvement in Southwest Florida, construction is booming. Keeping workers safe from the four main causes of construction accidents must be a priority.

These “Fatal Four” include falls, followed by struck by object, electrocution, and caught-in/between. If we are able to eliminate these risks, we could potentially save more than 400 construction worker lives each and every year.

Our experiencedconstruction accident lawyers understand that negligence is oftentimes a contributory factor in serious and fatal construction site incidents, and it’s often not negligence on the part of the person who is killed. Many times it’s another worker, a manager, a contractor, a supplier, a manufacturer or some other party who is negligent. A good way to address these is to incorporate them into your daily safety meeting topics and job site inspections.
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Protecting Children from Commonly Overlooked Dangers

January 14, 2014 | Associates and Bruce L. Scheiner

Unintentional injuries-such as those caused by burns, drowning, falls, poisoning and road traffic-are the leading cause of morbidity and mortality among children in the United States. According to the Centers for Disease Control and Prevention (CDC), there are more than 12,000 people under the age of 19 who are killed and more than 9 million who are treated in emergency departments for nonfatal injuries each year.

Typically, boys are injured more often than girls. Injuries due to transportation were the leading cause of death for children. Our child injury attorneys know parents play a critical role in helping protect children from suffering tragedy. There are small and important steps that we all can take to help to ensure the safety of our children. It only takes a second to lose a young life, and it only takes a second to save one.

Motor vehicle traffic–related deaths were the leading cause of death for those under the age of 20.
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FHP Highlights “Move-Over Law” to Promote Highway Safety in SWFL

January 13, 2014 | Associates and Bruce L. Scheiner

Emergency responders and law enforcement officers devote their time and effort to helping our community and our families, and now officials with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) are asking you to do the same.

Since 1999, there have been more than 200 law enforcement officers in the U.S. who were killed and thousands more injured in traffic collisions when struck by a passing motorist while stopped on the side of the road, doing their job. Throughout January, officials with the Florida Highway Patrol (FHP) will be targeting enforcement efforts to make sure that drivers in the state of Florida are aware of and abide by the state’s Move Over Law. This law was designed to help protect these individuals, emergency workers, law enforcement officers and tow truck drivers who are stopped along the side of the road doing their job.

Our car accident attorneys in Fort Myers know when approaching an emergency vehicle with its lights flashing, parked on the side of a multi-lane road, you are required by law to move over by changing lanes away from the emergency vehicle as soon as it is safe to do so. Motorists are required to leave the lane that is closest to that vehicle empty, to help prevent a collision involving the emergency vehicle or other workers who are performing their jobs in the area. Unfortunately, there are many drivers who do not follow this law — and put the lives of roadside workers in danger.
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Pedestrian Fatalities on the Rise in Southwest Florida

January 10, 2014 | Associates and Bruce L. Scheiner

Lee County roads are getting more dangerous, especially for some of our most vulnerable travelers — pedestrians.

According to The News-Press, there were close to 25 pedestrians killed on Lee County roads in 2013, compared to only 13 in 2012. Altogether, there have been more than 80 traffic-accident fatalities, well over the 64 reported in 2012.

Our pedestrian injury lawyers note Collier County was no safer. In 2013, more than 30 people were killed in traffic accidents, about 4 more than the previous year. Pedestrians, bicyclists and motorcyclists are vulnerable because drivers have trained their brains to look for automobiles. And with the New Year, we’re asking drivers to vow to be a better and safer driver for the sake of all travelers on our South Florida roadways. Your resolution can help to save lives.
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SWFL Premises Liability – Elderly at High Risk of Injury

January 6, 2014 | Associates and Bruce L. Scheiner

As a general rule, the law places a duty upon landowners and possessors to make their property safe from dangerous conditions so that people who come upon the land are not injured. Unsafe premises conditions can exist just about anywhere, including shopping centers, apartments, sports facilities, farms, or open parcels of land.

Our premises liability attorneys know the burden of proof, overwhelmingly falls on the plaintiff in such cases. When someone suffers a serious fall injury or other injury on commercial property, getting timely legal advice can be critical to proving your case. If the case must be litigated, you will need all the evidentiary support you can gather. One of the most common of these claims is slip and fall accidents. While a number of things can cause a slip and fall accident in Southwest Florida, the primary cause of this type of accident is a slippery surface. When spills aren’t cleaned up right away, wet floors aren’t dried properly, or floor mats aren’t secured, people often suffer serious injuries as a result.
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SWFL Bus Accidents a Risk as Tourist Season Begins

January 5, 2014 | Associates and Bruce L. Scheiner

Officials with the Federal Motor Carrier Safety Administration (FMCSA) recently shut down more than 50 busing companies and took close to 350 vehicles off of our roadways through “Operation Quick Strike.” With this enforcement campaign, officials spent eight months looking to target unsafe motorcoach companies — for your safety.

“Through Operation Quick Strike and our regular enforcement efforts, we’re shutting down companies that put passengers at risk and educating the public on safe motorcoach travel,” said U.S. Transportation Secretary Anthony Foxx.

Our bus accident lawyers know bus and motorcoach transportation is quite common for residents in the state of Florida, especially through the winter season. With many planned vacations and business trips, residents and visitors rely on commercial busing companies to get to where they’ve got to go without the headache of dealing with our congested roads. We choose a busing company to take on the driving responsibilities while we travel in comfort. Unfortunately, not all of the companies hire responsible drivers and not all of their buses are safe. And that’s why officials with the FMCSA are stepping up.
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Staying Safe Through Florida’s Busy Motorcycle Season

January 4, 2014 | Associates and Bruce L. Scheiner

The winter season is a great time to be out on two wheels, whether by bicycle or motorcycle. In the state of Florida the winter season is one of our busiest times on our roadways for this kind of traffic. With snowbirds heading south, vacationers escaping the snow up north, motorcycle riders are at particularly high risk.

The cold reality is that motorcyclists are 30 times more likely to die in a crash than people in a car, according to the Insurance Institute for Highway Safety (IIHS).

Our Fort Myers motorcycle accident attorneys understand that the state of Florida welcomes motorcyclists from around the country through the long winter riding season. After all, we are well known for Daytona Bike Week, which kicks off in early March. Even before that, residents get to enjoy Cape Coral Bike Nightin February. It’s no wonder why so many riders flock to the Sunshine State. But with this significant presence of two-wheeled riders, it’s just as important to make sure we’re all on the same page when addressing road safety and safe driving habits through the busy winter tourist season.
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Most SWFL Traffic Collisions are no “Accident”

December 31, 2013 | Associates and Bruce L. Scheiner

Words matter, and the word “accident” is not the right one to describe a car crash, according to a recent article on DC Streets Blog. By referring to a car crash as an “accident,” the phrasing creates the implication that no one was to blame for the collision. The reality, however, is that car accidents don’t just occur at random. Someone almost always makes a bad decision, breaks a safety rule or takes an unnecessary risk before the wreck occurs. The collision, therefore, is not an accident but is the direct result of the decision made by one or more of the drivers.

An injury attorney in Fort Myers knows that determining fault in traffic collisions is crucial because the driver who is at fault or who made the decision that led to the accident is held legally liable and can be required to pay damages to victims. Even if a collision is referred to as an “accident,” the law says that the person who caused it is culpable. Since the law recognizes that accidents have causes, and since the use of words can shape public opinion on an issue, discussing an end to the use of the term “accident,” is a worthwhile cause.
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Fort Myers Nursing Home Abuse or Neglect – Visitor Vigilance Often Key

December 30, 2013 | Associates and Bruce L. Scheiner

Over the holiday season, there is a good chance that you will be visiting friends or relatives who are currently living in nursing homes. When you do, it is important to be on the lookout for potential signs of abuse, neglect or maltreatment of the senior.

Although Florida has a “Bill of Rights” for nursing home residents, abuse and neglect are still far too common. It often falls to family members to protect their loved ones from being improperly cared for in a nursing home setting, and you should take swift action if you identify signs of abuse when visiting over the holidays.
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FHP Joins in Fight Against Holiday Drunk Driving in SWFL

December 29, 2013 | Associates and Bruce L. Scheiner

With the holiday season, drunk driving risks skyrocket. With all of the holiday parties and get-togethers with friends, family members and coworkers, drinking is inevitable — but drinking and driving doesn’t have to be.

To help to combat this seasonal spike in drunk driving injury risks, officials with the Florida Highway Patrol (FHP) and the Florida Department of Highway Safety and Motor Vehicles (DHSMV) are teaming up with the National Highway Traffic Safety Administration (NHTSA), the Governors Highway Safety Association (GHSA) and Mothers Against Drunk Driving (MADD) for the national “Drive Sober or Get Pulled Over” campaign.

“The holiday period is a time for celebration, but it’s also a time when our roads become more dangerous and deadly” explained Col. David Brierton with the FHP.
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