Florida Injury Lawyer Blog

School Bus Safety the Focus in Southwest Florida

August 26, 2013 | Associates and Bruce L. Scheiner

We’re continuing the focus on back-to-school safety as kids head back to school and colleges return to class.

Whether they’re driving themselves or they’re taking the school bus, the month schools returns to session brings with it significant risks. And this is why officials with the National Safety Council (NSC) have partnered with First Student, the largest provider of student transportation services in North America, to share important safety information.

Millions of students will head back to school this fall, which is why now is a good time for parents and children to talk about school (and travel) safety.

Our Fort Myers accident lawyers understand that there have been more than 1,400 school transportation-related accidents since 1998. In these accidents, more than 1,560 people were killed. That’s an average of 142 fatalities a year, according to the National Highway Traffic Safety Administration (NHTSA). But we’re not just worried about those taking the bus. We’re also worried about those old enough to drive themselves to school. During this time of the year, teens face some serious risks for drowsy driving accidents. With their early wake-up times, they’re facing higher risks for an accident, too. According to the National Sleep Foundation (NSF) 11 to 17-year-olds need at least eight and a half hours of sleep nightly. Unfortunately nearly two-thirds of high school students get less than seven hours.

But there are things that we can do as parents and caregivers to help to make sure our children’s commute to school is as safe as possible.
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Keeping Children Safe on their Walk to School

August 21, 2013 | Associates and Bruce L. Scheiner

School is gearing up, and our kids are strapping on their backpacks and heading back to class.

But first they’ve got to get to school safely, so over the next 30 days the emphasis will be on child pedestrian safety.

According to Parents Central, most of the fatal accidents including young pedestrians happen between noon and 8:00 p.m. at non-intersection locations.

Our Fort Myers child injury lawyers understand that there are more than 60 children who seek medical attention for injuries sustained while walking each and every day. Each year, there are more than 500 children who are killed in pedestrian accidents. Teens between the ages of 14 and 19 are most at risk. As a matter of fact, they account for about half of all pedestrian injuries sustained in the last five years.

Before your child heads back to that first day of school, it’s a good idea to review their route. Make sure you’ve planned the safest route possible. You want an area preferably with sidewalks, low traffic volume, low speed limits, good lighting, other people likely out walking and crosswalks and cross signals. Grab your child’s friends from the neighborhood and have a group practice. It’s always better to walk in a group as opposed to walking alone.

It’s also a good idea to review safe pedestrian tips with your child before sending them off for the new school year. Read, review and share the following safety tips with your child this autumn:

-Whenever it’s possible, cross the road at a street corner. You always want to abide by the traffic signals at these intersections. Most accidents and injuries occur mid-block or in another area other than an intersection.

-Before stepping onto the road to cross, you always want to look left and right. It’s important to keep looking and listening while crossing, too.

-While walking across the road, you want to do just that — walk don’t run.

-If there are no sidewalks available on your route, your best bet is to walk in the direction facing oncoming traffic. You’ll want to stay as far to the left as possible.

-Never walk while wearing headphones. You always want to be alert and aware of your surroundings.

-If you’ve got to use your phone, your best bet is to stop before doing so.

-Remember that drivers may be on their phones or engaged in other distracting activity. Before crossing the road, always make eye contact with them to ensure that they see you.

-Remind children that there is no horseplay on their way to the bus stop or to school. Horseplay is how accidents happen.

Make sure your children understand the risks that are associated with walking to school or to the bus stop. Cover these topics frequently throughout the school year to keep the idea fresh in their mind. An aware child is a safer one.
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Car Accidents on the Decline Nationwide, According to NSC

August 20, 2013 | Associates and Bruce L. Scheiner

According to the preliminary data collected by the National Safety Council (NSC) traffic trends indicate that our roadways are getting a little safer. During the first six months of 2013, we saw an approximate 5 percent decrease in the number of motor vehicle accidents compared to the same time period in the prior year.

In 2013, there were an estimated 16,600 people who were killed in traffic accidents from January to June. In the same time in 2012, there were close to 17,500 traffic collisions reported. Officials have not yet been able to determine a reason for the decrease.

Our Naples car accident attorneys understand that there was a decrease in the number of auto accidents reported in the state of Florida during this time. But it was one of the smallest decreases reported. And while we may have seen a decrease in the numbers, it does not mean that all types of accidents are on the decline. Oftentimes, we see an increase in the number of pedestrian and bicycle accidents during a nationwide decrease.

“The Council will be keeping a close eye on our monthly traffic fatality estimates to determine if this decrease is just a blip on the radar,” said Janet Froetscher with the NSC.

While human loss is the worst of the consequences of these accidents, there are many other obstacles that come with an accident, including injuries, property damage, employer costs, medical expenses, productivity losses, lost wages and even administrative expenses.

Medically consulted motor vehicle injuries during the first six months of 2013 were up 2 percent from 2012. Officials estimate that the total cost of these fatalities, injuries and property damage through the month of June this year was more than $125 billion, which serves as a .5 increase from the same time period a year ago.

During the first six months of 2013, the state of Florida saw a 7 percent decrease in the number of reported car accident fatalities. Still, we lost more than 1,000 people in these accidents. On the other hand, we’ve seen absolutely no fluctuation from the 2011 numbers compared to the 2013 numbers, which means there is no discernible downward trend.

According to the Florida Safety Council, motorists should always wear a seat belt — during each and every trip. It’s the law. Besides, safety belts and restraint systems have saved countless lives. You always want to make sure that 100 percent of your attention is focused on the road. This means keeping cellular devices and other electronics out of the driver’s seat. Pay attention to traffic signals, signs and the maneuvers of other drivers. Safe, aware and defensive driving habits are your best defense in avoiding a potentially fatal accident.
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Lawn Mower Accidents Hospitalizing Children Across Florida

August 19, 2013 | Associates and Bruce L. Scheiner

An ordinary day of yard work turned into a stay at the hospital for one Bokeelia family. According to FOX 4, a 3-year-old girl was raced to the hospital after what officials call a “severe injury” in a lawn mower accident.

Officials with the Lee County Sheriff’s Office say that the accident happened at roughly 10:30 a.m. in Bokeelia. The condition of the little girl has not been released.

But this brings up a good point about lawn mower safety. Our Fort Myers personal injury lawyers understand that over 600 children undergo lawn mower-related amputations each and every year. We need to start paying more attention to lawn mower safety as many of these accidents can be prevented with the simplest of commonsense precautions.

And this was the second accident in the state of Florida in the past week. According to the Bradenton Herald, an accident in Hardee County also sent a 4-year-old to the hospital. This child was run over by a lawnmower.

In Pinellas County, there was also a 2-year-old badly injured in a similar accident earlier this year. She had her feet run over in a lawn mower accident. This child is now walking with the help of prosthetics.

Each and every time we start a lawn mower, we’re dealing with a dangerous and potentially deadly piece of equipment. These machines can cause serious injury to the feet, legs, arms, fingers, toes and anything else that passes beneath the deck. The U.S. Consumer Product Safety Commission (CPSC) reports that there were over 200,000 people (close to 20,000 of them under 19) who were treated for lawn mower-related injuries in 2007. For children who are younger than 10, major limb loss is the number one result of lawn mower incidents.

Lawn mower safety tips from the Amputee Coalition of America:

-Clear the mowing area of any objects such as twigs, stones, and toys, that could be picked up and thrown by the lawn mower blades.

-Read your mower’s instruction manual prior to use.

-Always wear sturdy shoes while mowing – not sandals or sneakers.

-Never consume alcoholic beverages before or during operation as this leads to impaired judgment, which could result in serious injury.

-Teach children that a lawn mower is not a toy. They should never play on a lawn mower, even when it’s turned off.

-Never allow a child to ride on a lawn mower with you.

-Don’t let children play outdoors while you’re mowing the lawn. Ask them to wait inside until you’re done.

-Children should be at least 12 before you allow them to operate a lawn mower. It’s best to wait until children are 16 to allow them to operate a riding mower.

-Use a stick or broom handle (not your hands or feet) to remove debris from lawnmowers.

-Do not pull the mower backward or mow in reverse unless absolutely necessary, and carefully look for children behind the mower before mowing in reverse.
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Traffic Collisions Result from Hands-Free Distractions, Too!

August 14, 2013 | Associates and Bruce L. Scheiner

You might think you’re better off behind the wheel if you’re using a hands-free device. Unfortunately, recent research has determined that hands-free devices are just as dangerous as hand-held electronics for drivers. According to The Street, voice-to-text email programs are more or less the worst of all.

According to the Governors Highway Safety Administration (GHSA), the state of Florida is one of the most relaxed states in the country when it comes to keeping drivers’ attention on the road. In the state, the only law that lawmakers have enacted to keep drivers from engaging in electronic devices behind the wheel was a ban on texting and driving, and that’s not even effective until October.

Our Cape Coral car accident lawyers understand that about half of the nation’s adult population owns a smartphone. According to the wireless industry, the nation’s subscription rate was over 103 percent. And that’s what has prompted officials with the GHSA to release findings of their “2013 Distracted Driving: Survey of the States” study.

But that’s not the only study in which experts have been looking into this epidemic. Using various road tests and a number of driving simulators, officials with the AAA Foundation for Traffic Safety performed a series of experiments on volunteers to measure how a range of distractions — from listening to the radio to answering math questions — affect driving proficiency.

Researchers looked at the amount of time it took for drivers to brake, adhere to speed limits as well as following distances to other vehicles, while they were engaged in other activities behind the wheel. Brain waves and head and eye movements were recorded during this time. Researchers wanted to see how well the participants could pay attention to the road. And the results weren’t pretty.

In helping to prevent distracted driving accidents, it’s not only important that the drivers are aware, but that local enforcement agencies and state lawmakers are doing their job, too. According to the GHSA, there were 47 states that reported having taken steps to educate the public about the threat of distracted driving in 2012. This is up from 37 states in 2010 (a more than 25 percent increase).

States are employing a number of information strategies in connection with these campaigns. But recognizing the effectiveness of technology-based communication, 36 states have incorporated new/social media such as Twitter, YouTube and Facebook to get out their message, an astounding 125% increase over the 2010 response, when only 16 states were using these strategies.

Luckily, the state of Florida was included in these efforts in 2012, but more needs to be done today! Hang up the phone, put down the bluetooth and save these activities for another time. Behind the wheel is no time to multitask. Unfortunately, we’re not able to do all of these things as safely as we would like to believe. Pay attention to the road and arrive alive.
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CPSC Keeps Nearly 5 Million Defective Products From Your Home

August 13, 2013 | Associates and Bruce L. Scheiner

Thanks to the Consumer Product Safety Commission (CPSC), close to 5 million units of product that violated the nation’s safety rules were stopped from making it into the hands of consumers in the last year.

Working alongside its federal partner, the U.S. Customs and Border Protection (CBP), officials with the CPSC have been able to screen close to 20,000 consumer products imported in the last fiscal year. Close to 2,000 of these products were found to have been dangerous or violated safety rules. These products were stopped from getting to you.

Our defective products attorneys understand that we purchase products each and every day with little to no concern for the safety of those in our household. Unfortunately, we’re not oftentimes aware of the dangers and risks of defective products until after disaster strikes. This is why it’s critical for families and consumer to check the Recall List from the CPSC frequently and thoroughly. Each and every day, there are new products added to this list and these are products that you are likely to find in your household.

Investigators with the CPSC as well as the CBP closed out last year’s fourth quarter efforts by trying to keep pace with the efforts of the third quarter. During this time, investigators examined close to 6,000 products and were able to find more than 400 that were deemed noncompliant with current safety rules. Throughout the third quarter, there were more than 5,500 products that were screened and roughly 420 that were deemed as violative.

As for the total number of units, officials were able to stop more than 900,000, down from an all-time high of close to 3 million in the third quarter. Officials believe that there was such an increase in the number of products stopped in the third quarter because of fireworks that were shipped in for Memorial Day and Labor Day.

Children’s products ranked as number one again because of high amounts of lead. Various children’s products with small pieces and other choking hazards were also ranked alarmingly high during the year.

In the 2011 calendar year, there were close to 15 reported fatalities resulting from children’s toys. All of them were under the age of 15: Twelve of them who were under the age of 12. Balloons were some of the most common associated with these fatalities, accounting for 13 percent.

While it’s nice to rely on federal investigators to keep these products and accident risks from you, it’s important that you’re a proactive consumer and do your own investigation. Stay in the know and keep dangerous products from your home!
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Intoxicated Pedestrians an Injury Risk on Fort Myers Beach, elsewhere

August 12, 2013 | Associates and Bruce L. Scheiner

We often talk about drinking and driving but overlook the risks involved with drinking and walking. According to the Associated Press, more than a third of the pedestrians who were killed in 2011 reported blood-alcohol levels that were over the legal limit for driving.

Our Fort Myers Beach pedestrian accident lawyers understand that many people believe that as long as they’re not behind the wheel while intoxicated that they’re okay. Unfortunately, there are many other risks out there. When we consume alcohol, our abilities to make safe and responsible decisions are hindered. This affects us while walking as intoxication may stop us from crossing the road at the right place or at the right time, which is how many of these accidents happen.

But we must not blame the victim. Even in cases where a victim is determined to be partially responsible, he or she may be entitled to collect damages from an at-fault driver, and even from their own insurance carrier.

Fort Myers Beach is a common place for these kinds of accidents. When we go to the beach, we go to let loose. Many people’s favorite way to let loose is to have a few drinks. Unfortunately, there’s a lot of traffic in this area, too, which often mixes poorly with the crowds.

Young adults are at particularly high risk. According to recent statistics released from the National Highway Traffic Safety Administration (NHTSA), about half of all the pedestrians who were between the ages of 25 and 35 who were killed in a pedestrian accident in 2011 reported a blood-alcohol level higher than the legal driving limit.

In comparison, less than 15 percent of all drivers involved in fatal pedestrian accidents were over the .08 limit.

Because of these recent findings, officials with the NHTSA are working to help keep pedestrians safe. The NHTSA is making $2 million in pedestrian safety grants available to cities with the highest rate of pedestrian deaths. But it doesn’t end there. Officials with Federal Highway Administration (FHWA) have also launched a new website to offer pedestrian safety tips along with various resources that cities and municipalities can use to improve pedestrian safety in the area.

On average, a pedestrian was killed every two hours and injured every eight minutes in traffic crashes across the U.S. in 2011.

Overall, more than 30 percent (or close to 10,000) of all traffic accident fatalities that were recorded in 2011 involved a driver who was legally drunk.

If you’ve been drinking, we stress that you find a safe and sober way to get around. You might think you’re doing the right thing by walking instead of driving, but we want you to know that you’re still at serious risks while walking intoxicated near motor-vehicle traffic. Stay safe out there and make sure you’ve got a sober way to get home, each and every time. Your life depends on it.
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National Stop on Red Week 2013 Working to Save Lives

August 8, 2013 | Associates and Bruce L. Scheiner

Intersections may be some of the most dangerous areas that we drive through each and every day. But it’s not just dangerous for the motorists. It’s the bicyclists and pedestrians who are up against some serious risks, too.

For this reason, we recognize the first week of August as National Stop on Red Week. This awareness week was launched back in 1995 and is still being used today to get more drivers to pay attention at intersections and to follow lighted traffic signals. According to the Florida Department of Transportation, this year’s week-long campaign will be held from August 4 through August 10.

Our Naples car accident lawyers understand that there were close to 2.5 million reported accidents that took place at an intersection in the U.S. in 2008. According to the National Highway Traffic Safety Administration (NHTSA), there were close to 7,800 deaths and another 735,000 injury accidents reported in these locations. In 2011, the problem seems to be just as serious. During that year, there were close to 715 people killed and another 120,000 people injured in red light-running accidents, according to the Insurance Institute for Highway Safety (IIHS).

In urban accidents, accidents involving drivers who drove through a red light, stop sign or other traffic control are the most common cause of traffic collisions, accounting for more than 20 percent. Injuries resulted in roughly 40 percent of the accidents in which a driver went through a traffic control device unlawfully.

During rush hour, red-light running drivers were more common. Officials are likely to believe that these dangerous maneuvers happen even more often in areas in which there is more traffic.

Aside from relying on drivers to stop on red, there are some countermeasures that can help to get traffic to stop. According to recent studies, roundabouts and adequate yellow-light time can help to reduce these risks. Signalized intersections can be replaced altogether by roundabouts, which have dramatically fewer injury crashes. Unfortunately, it’s not feasible to replace every traffic light in the nation with a roundabout, and not every intersection is appropriate for a roundabout. That’s where driver safety and awareness comes in.

When you’re approaching an intersection and you’re in a bit of a rush, remember that speeding through a red light is only going to save you a matter of seconds and it could wind up costing you your life (or the life of another motorist). It just doesn’t balance out. Next time you’re approaching a yellow or red light. Come to a safe and complete stop. The safety of everyone relies on it.
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SWFL Motorcyclists Target Distracted Drivers

August 6, 2013 | Associates and Bruce L. Scheiner

A motorcycle advocate from Cape Coral is calling for tougher distracted driving legislation. What caused the uproar? A recent motorcycle accident that claimed the life of a local 20-year-old rider, and which is being blamed on a driver’s lack of attention, according to FOX 4. The accident happened after his motorcycle was reportedly clipped by a 17-year-old behind the wheel of an SUV.

“In my opinion, [motorcycle accidents] do not have to happen,” said Wayne Cerra, the President of the Southwest Florida Chapter of ABATE (American Bikers Aimed Towards Education). “Distracted driving is the number one cause of these crashes today.”

Our Cape Coral accident lawyers understand that distracted driving is one of the leading causes of fatal traffic accidents across the nation. It’s also a common and deadly factor in many motorcycle accidents. Although we have tougher laws regarding distracted driving that take effect here in the state of Florida in October, officials with ABATE say much more needs to be done.

According to Investor’s Business Daily, technology is oftentimes blamed for these kinds of accidents, but many officials believe that it’s actually the same technology that can help to fix the problem, too.

Safe driving advocates are working to get the technology to do the work. These organizations are mulling guidelines released by the National Highway Traffic Safety Administration in April. They’re trying to get auto manufacturers to eliminate the use of these devices while the vehicle is in motion. This includes GPS devices, cell phones, text messaging devices and all other forms of infotainment.

“We are aware that many manufacturers have already begun taking into consideration concerns such as the complexity of the tasks involving an electronic device, the length of time a driver’s attention is diverted from the primary task of driving,” says the National Highway Traffic Safety Administration (NHTSA).

According to the Administration, text messaging drivers double their risk for an accident or near accident when they take their eyes off the road. Text messages take a driver’s eyes off the road for an average of 23 seconds.

Ray LaHood, the secretary for the NHTSA says that voice recognition isn’t the answer either. He says that the systems – like those that let people compose texts using voice commands while driving – do not meet his standards for safety. The car manufacturers argue otherwise, saying that they’re helping to reduce the risks of accidents, according to The New York Times.

Still, safe driving advocates view distracted driving as an “epidemic.”

“If somebody is trying to dial a number, even if it’s voice-activated, they’re obviously distracted from what they’re supposed to be doing,” said LaHood.

Think about that the next time you’re heading down the road, behind the wheel, and decide that you need to make a call or reply to a text. Traveling at 50 or 60 miles an hour doesn’t seem like the safest time to do it, does it? Stay focused and arrive alive by minimizing distractions (even with voice activation) when you’re behind the wheel.
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“The Crash Reel” Sheds Light of Traumatic Brain Injuries

August 5, 2013 | Associates and Bruce L. Scheiner

“The Crash Reel” — It’s a documentary like no other. On HBO, it’s a series that will be airing Mondays at 9:00 p.m. and will be making its way to theaters later this year.

According to Forbes, it’s all about brain injuries. This is such a serious topic not only because these accidents are so common among residents throughout the nation, but also because they’re injuries that affect nearly every aspect of life. These injuries oftentimes affect a person’s mental, physical and social state for the rest of their life.

At Associates and Bruce L. Scheiner, Attorneys for the Injured, our Fort Myers brain injury lawyers have long supported victims of these serious and life-altering accidents. The firm was recently named Injury Prevention sponsor of the year in the inaugural awards presented by the Lee County Injury Prevention Coalition.

“The Crash Reel” depicts just how serious and unexpected these kinds of accidents can be. “I don’t think there’s been a film like this before,” says director Lucy Walker.

The film starts off by telling the story of Kevin Pearce. He’s a rising star in the professional snowboarding arena. But the glory behind the training takes a quick and devastating turn when he fails an attempt at a technical snowboarding trick (a cab double cork) and finds himself first in a coma and then in rehab for months. As everyone else continues to prepare and head off to the Olympics, Pearce is left behind fighting for the life he once knew.

Although still suffering, he is working diligently to recover from his devastating injuries. Doctors explain to the snowboarder that he’s sustained serious (and even permanent) damage to his brain. This damage has also affected his vision and his memory. They also explain the risks associated with a subsequent blow to the head.

Step by step, Pearce relearns how to walk, talk, eat and move (even hopefully snowboard) once again — failing to let this injury rule his life.

Although many of us (especially here in Southwest Florida) may not be able to relate to a lifestyle of a professional snowboarder, we can relate to the consequences and obstacles of a traumatic brain injury. According to the Centers for Disease Control and Prevention (CDC), at least 1.7 million traumatic brain injuries occur either as an isolated injury or along with other injuries each and every year.

And this awareness has taken to social media, causing thread after thread of support, even on Twitter with the tag #LoveYourBrain.

Anyone with signs of moderate or severe TBI should receive medical attention as soon as possible. Because little can be done to reverse the initial brain damage caused by trauma, medical personnel try to stabilize an individual with TBI and focus on preventing further injury.

If you’ve suffered a traumatic brain injury, it’s important to remember that you’re not alone and that there is help out there for you.
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