Florida Injury Lawyer Blog

Cape Coral Bicyclist Recovers From Life-Threatening Injuries

October 10, 2013 | Associates and Bruce L. Scheiner

A bicyclist from Cape Coral was recently released from Lee Memorial Hospital following a September accident on Northeast Pine Island Road, according to the Fort Myers Beach Observer.

According to officers, the bicyclist was heading west on Pine Island Road inside the marked bicycle lane when a passing SUV drifted over and hit the bicyclist. The bicyclist was thrown from his bike and landed on the windshield of the SUV. It all happened at about 7:00 p.m. He was transported to the hospital with life-threatening head injuries and was trauma-alerted in critical condition.

Our Cape Coral bicycle accident lawyers understand that there have been nearly 20 traffic accident fatalities in Cape Coral already this year. In 2012, the city recorded only 10 traffic accident fatalities; 11 in 2011. Clearly, we’re not doing so well this year. Think of it this way: Every trip begins and ends by walking and/or biking, so every effort should be made to ensure that pedestrians and bicyclists remain safe out there.

Florida Safety Facts:

-Florida’s bicycle fatality rate (per 100,000 people) is 6.52 per million, and that’s three times the national average.

-Florida’s pedestrian fatality rate of 2.19 per 100,000 is almost double the national average.

-From 2007 to 2009, nearly 60 pedestrian and cyclists have died on Lee County streets.

-Lee County ranks 23rd out of the 360 metro areas in the nation when it comes to being hazardous for walkers.

-Close to 10 percent of U.S. households do not own an automobile. For Florida households that number is 8 percent and for the City of Fort Myers it is approximately 20 percent.

In the state of Florida, bicyclists have the same rights to the roadways as motorists and they are required to obey the same traffic laws. These laws include stopping for stop signs and red lights, riding with the flow of traffic, using lights at night, yielding the right-of-way when entering a roadway and yielding to pedestrians in crosswalks.

One of our most common problems is getting drivers to recognize these rights. Motorists need to not only be aware of bicyclists along our roadways, but to treat them the same as any other driver.

We encourage all road users, including motorists and bicyclists, to respect each other and foster a safer transportation environment. Remember that a car weighs 2 tons or so, while the average bike is a mere 20 pounds. In any collision, any physical interaction between car and bike, the bike always loses.

If you can pinpoint the moment when a bicyclist is starting to irritate you – because you can’t see where he is going or because he’s moving slowly and is making you late – picture him as a family member or friend. That might calm you down.

Work together and stay safe.
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Two Killed in Rear-End Trucking Accident on I-75/Daniels

October 8, 2013 | Associates and Bruce L. Scheiner

A Collier County man was one of two people killed in a recent morning I-75 accident. According to Naples Daily News, the accident happened on I-75 near Daniels Parkway when the 31-year-old driver reportedly drove into the back of a tractor-trailer shortly after 3:00 a.m. His vehicle became lodged under the trailer. He and his passenger were both wearing seat belts and were both killed in the accident.

Our Fort Myers trucking accident lawyers understand that tractor-trailers have underride guards meant to stop cars from sliding underneath trailers in the event of such collisions. Unfortunately, many critics argue the federal standards are not strong enough for these guards. According to the Insurance Institute for Highway Safety (IIHS), new crash tests and analysis demonstrate that underride guards on tractor-trailers can fail in relatively low-speed crashes – with some serious and deadly consequences. The Institute recently petitioned the federal government to require stronger underride guards that will remain in place during a crash and to mandate guards for more large trucks and trailers.

These guards are the main countermeasure to help fight against death and injury when a smaller vehicle crashes into the back. In 2009, about 70 percent of the more than 3,150 people who were killed in trucking accidents were the occupants of the other vehicles involved.

Most semitrailers are required to have underride guards, but they’re not required to be reinforced.

Sharing the road with larger vehicles can be dangerous if you are not aware of their limitations.

Staying Safe Around Trucks:

-Never cut off a truck. These vehicles take a lot longer to stop than our passenger vehicles. When passing, look for the front of the truck in your rear-view mirror before pulling in front and avoid braking situations!

-Always wear a seat belt. This may be your best defense against injury or death in the event of an accident with any kind of vehicle.

-Keep an eye out for a truck’s blind spots. These are the areas around a truck that a driver cannot see. Remember that if you can’t see the truck driver, then he can’t see you.

-Always drive defensively. Avoid aggressive drivers and maintain a safe speed. Two-thirds of all traffic fatalities may be caused by aggressive driving behaviors. Keep your distance and maintain a safe speed. The only thing excessive speed does is increase your chance for a crash.

-Remember trucks make wide turns. Because of their large size, remember that a truck making a right turn may first swing left to clear the corner. Conversely, a truck making a left turn may first swing right to clear vehicles and other objects on its left side. Expect this and be prepared!
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Officials Continue Education Campaign: Text Messaging and Driving Illegal in Florida

October 7, 2013 | Associates and Bruce L. Scheiner

Officials continue to spread the word about Florida’s new texting ban, which took effect Oct. 1.

Drivers in the state of Florida are no longer allowed to text message while driving. According to the Naples Daily News, law enforcement officers in the state are now allowed to ticket text messaging drivers if they’re pulled over for other infractions, like speeding or not wearing a seat belt. And it’s not just text messaging. Officers are also allowed to cite for emailing and other wireless forms of written communication.

Collier County Sheriff’s Office’s Sgt. Chris Gonzalez says that this is going to help cut down on “rampant” texting while driving.

Our Naples car accident lawyers understand that the law also gives law enforcement officers the power to obtain a driver’s phone and messaging records in the event that an accident leads to injury or death. However, the law still allows drivers to use text-to-talk technology, GPS usage and to use the phone to report criminal behavior. The ban also allows texting while stopped, such as at red lights.

Deputy Bil Joseph with the Lee County Sheriff’s Office says that drivers should mount their phones on their dashboard if they want to use the GPS. He also says that bluetooth is a safer (and legal) option for those still trying to communicate while driving. If you’ve got to compose a text message, they recommending pulling over, coming to a complete stop and doing so safely (and legally).

Advocates for the new law are already trying to beef it up, and are pushing for it to be made a primary offense.

Sen. Maria Sachs of Delray Beach has already scheduled a press conference to announce the filing of a new bill. She’s looking to make this a primary offense to give drivers a real reason to put down the phone and text messaging device in the driver’s seat. She’s also looking to increase the consequences for violations. As of now, drivers will only get a $30 fine for a first-time offense and a $60 fine and points on their license for a second offense.

While the measure has faced criticism for being too weak, state lawmakers and the Florida Highway Patrol say the important thing is to simply have such a rule on the books.

In Florida from 2010 through 2011, at least 85 crashes caused by distracted drivers turned fatal, according to the National Highway Traffic Safety Administration (NHTSA). The state has more than 120,000 miles of roads used by more than 15 million licensed drivers. You can do the math there. When drivers aren’t paying attention to the road and their surroundings, accidents result.

As a matter of fact, drivers are about 25 times more likely to get into an accident when text messaging behind the wheel.

Do the right thing and stay safe in the driver’s seat. It can help you to avoid a citation and points on your license. But more importantly it may help you avoid a potentially fatal accident.
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Texting and Driving Now Illegal in Florida – But Does the Law Come up Short?

October 6, 2013 | Associates and Bruce L. Scheiner

Distracted driving has been a top concern among safe driving advocates in recent years, as it’s becoming more prominent on roadways across the nation. According to USA TODAY, distracted driving was the signature initiative of former U.S. Transportation secretary Ray LaHood, whose national push led one state after another to enact bans on texting while driving.

Now, Congress is hopping on board. In the national transportation bill that it was able to pass last year, officials freed up grants to help states to enact more laws to stop drivers from text messaging behind the wheel. Close to 40 states applied for the funding. Unfortunately, only seven states were gifted with grants.

Our Fort Myers car accident lawyers know October 1 marked the date Florida became the 41st state to ban text messaging while driving for all motorists. Unfortunately, it’s only a secondary law, which means that a driver has to be witnessed committing another violation before being pulled over and cited for text messaging while driving.

But at least it’s a step in the right direction.
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Are You at Risk of Causing an Aggressive Driving Accident in South Florida

October 5, 2013 | Associates and Bruce L. Scheiner

Driving throughout the state can get frustrating at times. We’re a popular tourist destination for millions each and every year and the traffic is enough to drive some of us crazy. But do you have the cool to keep calm behind the wheel? Gulf News is turning the questions inward and asking drivers to take a look at themselves — to see if they’re susceptible to road rage, which is a dangerous criminal offense that’s oftentimes tied to driving.

“The sad part about road rage is that even if you do not act on your anger, it can still do you damage. Even if you start to feel frustrated over the situation on the road, it will have a negative impact on your health.” said Nazanin Sadegh Pour, psychologist at the Human Relations Institute in Dubai.

Our Lehigh Acres car accident lawyers understand that many people have displayed aggressive driving tendencies at some point in their life. But what defines road rage is when every small incident of poor driving by others leads to a screaming sound in your head. It’s important to remember that road rage differs from aggressive driving. It is a criminal offense and is “an assault with a motor vehicle or other dangerous weapon by the operator or passenger(s) of one motor vehicle on the operator or passenger(s) of another motor vehicle or is caused by an incident that occurred on a roadway.”
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Southwest Florida Traffic Safety: Child Car Seats in Focus

October 4, 2013 | Associates and Bruce L. Scheiner

Children are some of the most vulnerable in traffic accidents. Their bodies can’t take the force of an accident as effectively as an adult, and so they’re injured and killed more often than adults in these events. This is why safety advocates across the nation are stepping up and asking both parents and guardians to do their jobs to make sure that young children are properly buckled in during each and every car ride. It’s all a part of Child Passenger Safety Week, according to the National Highway Traffic Safety Administration (NHTSA).

According to the latest traffic data, over a third of children under the age of 13 who were killed in passenger-vehicle accidents in 2011 were not properly belted in when the accident happened. The truth is that children need extra occupant protection, specially designed for their size and age to provide the best safety in a vehicle.

Our Cape Coral car accident lawyers know motor vehicle accidents continue to be the top cause of child deaths in the U.S. In 2011, there were 2 children under the age of 13 killed and another 350 injured each and every day while riding in passenger vehicles. But regardless of what kind of vehicle you’re in or how old your child is, it’s critical that they’re buckled in. Kids turn to us for safety, and it’s about time we ensure it.
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Church Bus Accident on I-75 Illustrates Risk of 15-Passenger Vans

September 27, 2013 | Associates and Bruce L. Scheiner

A recent church van accident in Lee County claimed three lives and injuring 12 others. According CBS Miami, the van was loaded with people from Fort Lauderdale when the accident happened on Interstate 75.

If your church or ministry uses 15-passenger vans, you should be aware of multiple advisory warnings on their use issued by the National Highway Traffic Safety Administration (NHTSA). This should also be an eye-opener for those who may be using a passenger van to get to and from school or school-related activities. According to SaferCar.gov, there are currently 29 states that have laws or regulations in place that prohibit the use of vans for transporting public school students. The state of Florida does not allow this form of transportation for school children, but that doesn’t mean they are not in regular use. Unfortunately, these laws and regulations do not apply to private schools, churches, community centers or companies that contract directly with parents.

Our Fort Myers accident attorneys note that the NHTSA reports that 15-passenger vans that are fully loaded have a rollover risk 6 times greater than one with fewer occupants. It’s not your fault for packing a van with the allowable number of passengers, but it’s the van’s fault and its manufacturer’s fault for releasing a van that’s not able to live up to its expectations.

In other cases, faulty or worn tires or maintenance issues have contributed to serious or fatal 15-passenger van accidents.
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Pedestrian Killed, 2 Injured in Late-Night Traffic Accident

September 26, 2013 | Associates and Bruce L. Scheiner

A woman was killed, and two others were sent to the hospital, after a vehicle slammed into all three in a recent accident near the intersection of Willard and Fowler streets. According to the Pine Island Eagle, the accident happened at around 11:00 p.m. No charges have been filed against the driver of the Cadillac.

One of the pedestrians was reportedly passed out in the road when the accident happened. As we head into season, it’s important to remember than many bicyclists, pedestrians and motorcyclists will be out after dark. And we all have an obligation to celebrate responsibly.

Our Fort Myers Beach pedestrian accident lawyers know these incidents are more likely to happen during the evening hours. The level of roadway lighting is an important factor for safety at night, especially for pedestrians. Past studies have shown that over 50 percent of pedestrian accidents happen during the evening hours. Most of these accidents are fatal and severe injury accidents. These results make it clear that proper design and timely maintenance of street lighting and crosswalks will definitely improve the safety of the roadway system, especially in a state like Florida where pedestrian traffic is so prominent. Now is a good time to refresh our skills regarding traffic safety and keeping pedestrians safe.
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Cape Coral ranks 40th in America’s Best Drivers Report

September 25, 2013 | Associates and Bruce L. Scheiner

The Allstate Insurance Company recently released its 9th annual “Allstate America’s Best Drivers Report.” In this report, officials looked at claim data and ranked the nation’s 200 largest cities in terms of their driving safety.

Once again, this year’s city receiving the “America’s Safest Driving City” award was Fort Collins, Colorado. This was the 3rd time that this city earned the top spot. Fort Collins has places in the top 10 each and every year since the list began.

Our Cape Coral car accident lawyers note the Cape made it onto the Allstate report as the 40th safest city in the nation. We were ranked as the 147 largest city in the nation. In Cape Coral, drivers can typically expect close to 11 years between car accidents. We’re actually close to 6 percent less likely to get into an accident that the nation’s overall average.
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SUV Rollover Risks Can’t Be Discounted in Vehicle Purchase

September 20, 2013 | Associates and Bruce L. Scheiner

An 18-year-old Fort Myers driver lost his life on U.S. 17 when his sport-utility vehicle flipped after striking a curb.

The driver, a recent graduate of Cypress Lake High School and freshman student at Florida Gulf Coast University, was ejected from the vehicle and pronounced dead at the scene.

The crash remains under investigation. While speed is suspected to have been a possible factor, our Fort Myers car accident lawyers also point to the rollover risk of many SUVs.
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