Florida Injury Lawyer Blog

Preventing South Florida Construction Falls with New CDC App

July 31, 2013 | Associates and Bruce L. Scheiner

You might think you’re safe from a fall accident, but the truth is that it can happen to anyone. According to the Centers for Disease Control and Prevention (CDC), falls are a persistent hazard found in all occupational settings.

These accidents can happen when simply walking, climbing up a ladder or as a result of a series of events affecting construction workers high above the ground. According to the Bureau of Labor Statistics, 2009 information, there were more than 600 workers who were killed and another 212,800 seriously injured in fall accidents to the same (or a lower) level.

Our construction accident lawyers understand that the highest frequency of fall-related deaths was experienced by those within the construction industry. On the other hand, the highest numbers of fall-related injuries and instances occurred to those working in the wholesale and retail industries and health services. Construction, material moving and transportation, building cleaning and maintenance, healthcare support and extraction occupations are particularly at risk of fall injuries.

Luckily, there’s a new app for both iPhone and Andriod that features multimodal indicators and a graphic-oriented guide for ladder selection, inspection, positioning, accessorizing, and safe use.

There are oftentimes very familiar circumstances among these kinds of accidents, including unprotected edges, slippery or cluttered walking spaces, misused fall protection, unsafely positioned ladders, wall openings and floor holes. Under federal standards, there are specific regulations that workers and employers have to follow to help to prevent these kinds of accidents. Unfortunately, not all of these regulations are followed and these unsafe practices result in injury and death year after year.

And you’d be surprised by how much these kinds of accidents can affect workers. They come with a heap of workers’ compensation and medical costs. As a matter of fact, they’re estimated to total about $7- billion each and every year in the U.S.

Did you know? Falls from elevation account for one third of all deaths in construction.

To help to prevent a fall accident on your construction site:

-Make sure that all trash is disposed of immediately and properly.

-Consider using cordless tools whenever possible.

-Make sure you wrap up and coil cords whenever they’re not being used.

-Whenever something is spilled, be sure to clean and block off the area as soon as possible.

-Minimize the amount of materials on site by carefully planning deliveries.

-Make sure that there are warning signs always places around slippery areas.

-Keep all walkways clear of obstacles at all times.

-Make sure that all workers are provided with the proper fall protection that they need to complete the job safely.

-Remember to lift objects with your legs and to hold your abdomen in when bending over.

-Employers must train workers in hazard recognition and in the care and safe use of ladders, scaffolds, fall protection systems, and other equipment they’ll be using on the job.

-Keep an accurate OSHA incident log and focus on preventing common incidents.
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Cape Coral Motorcyclist Rear-Ended and Killed on Del Prado

July 30, 2013 | Associates and Bruce L. Scheiner

A motorcyclist from Cape Coral was killed in a recent accident after reportedly being rear-ended by another driver. According to the Cape-Coral Daily-Breeze, it happened just before 9:30 p.m. along Del Prado in Cape Coral.

Accident reports indicate that the motorcyclist was heading south on Del Prado when a Volvo slammed into the back of him while traveling at a high rate of speed. On impact, the motorcyclist was thrown from his bike and landed back on the Volvo. He died just 30 minutes later at Lee Memorial Hospital. The driver of the Volvo sustained only minor injuries, and was allegedly under the influence when the accident happened.

Our Cape Coral motorcycle accident lawyers understand that motorcyclists are some of the most vulnerable parties in motor-vehicle accidents. They’ve got much less protection to keep them from injury and death than do occupants of passenger vehicles. Oftentimes, they’re overlooked and mistreated along our roadways, too. Their safety not only relies on their safe driving habits, but on ours too. We’ve got to remember that these two-wheeled motorists have the same rights to our roadways as we do and should be treated accordingly.

The Sunshine State’s sunny weather, beautiful beaches and scenic highways make it a popular place for motorcycle enthusiasts (all year long). Our state also hosts popular motorcycle rallies such as Biketoberfest and Daytona Bike Week. It’s a no-brainer then that our growing population and popularity with motorcycle enthusiasts make motorcycle safety an important issue.

Would you believe that there were close to 7,500 motorcyclist injuries in the state of Florida in 2011? During the same year, there were more than 400 motorcyclists killed in the Sunshine State.

In 2011, more motorcyclists between the ages of 25-34 were killed in motorcycle traffic accidents in the state of Florida than any other age group. This was followed by riders age 45 to 54.

To help increase roadway safety for motorcyclists, we’ve got Ride Smart Florida, a website dedicated to improving motorcycle safety throughout the state Florida. If you’re on a bike, it’s important to remember that proper training and education will expose you to the critical skills needed to enjoy a safe and exciting ride. Regardless of if you’re a veteran rider or it’s your first day on the bike, make sure you know all you can. You can never be too safe or too prepared. Enroll in a class to refresh your skills today!

We’re asking all drivers to be safe out there and to keep an eye on one another. Regardless of what kind of vehicle you’re in out there, you’ve got to be aware of your surroundings. Alert, cautious and defensive driving habits are going to help keep you safe and out of an accident.
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Florida Teen Drivers and Their Deadliest Days Behind the Wheel

July 29, 2013 | Associates and Bruce L. Scheiner

We just passed the midpoint of the period known as the 100 Deadliest Days for Teen Drivers. Looking back at recent trends, and many as 600 people have likely been killed in mostly preventable accidents involving young drivers since Memorial Day. According to the National Safety Council (NSC), education is one of our best defenses against these kinds of accidents.

Our Fort Myers car accident lawyers understand that there are currently 2 million teens under the age of 18 in the U.S. who are currently experiencing their first year of driving. That’s more than the population of Houston! Each year, drivers who are under the age of 18 are involved in nearly 1 million motor-vehicle accidents. That’s close to 3,000 accidents on any given day. As a matter of fact, these drivers are more likely to be involved in a fatal accident that any other age group of drivers.

In a single year, close to 4,000 people were killed in teen driver-related motor-vehicle accidents. That’s enough people to fill more than 50 school buses. Luckily, there are moves we can make to help to reduce the risks of these kinds of accidents.

The first thing you can do (and your teen can do) is buckle up. Believe it or not, more than half of teens who were killed in these accidents were not wearing a seat belt at the time of collision.

And it’s also important that we keep an eye on these young drivers when the sun sets. Close to half of all accidents happen at night — most before midnight.

We also want to make sure that they’ve got their cell phones put away. Talking on these devices (event hands-free ones) increases all drivers’ risks for an accident by about 4 times. And texting is even worse — increasing the risks for accidents by about 8 times. With that being said, would you believe it if we told you that close to 70 percent of all teens text while driving? They’re setting themselves up for disaster. But not if we step in first.

So how can parents help?

-Make sure you’re providing them with at least a half hour of supervised driving time each and every week.

-Sit down with your teen and collaborate on a parent-teen driving contract to set up some home driving rules and regulations.

-Limit a teen’s nighttime driving.

-Never allow your teen to drive with too many passengers. The more passengers in the vehicle, the higher the risks are for an accident.

-Since we have no cell phone laws in the state of Florida until October, make sure your teen knows the dangers of talking/texting on a cell phone, according to the Insurance Institute for Highway Safety (IIHS). Make sure they keep that activity for when they’re safely stopped.
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Southwest Florida Traffic Safety: Teen Drivers Face Deadliest Month on Record

July 25, 2013 | Associates and Bruce L. Scheiner

Teen drivers are up against some serious dangers out there behind the wheel. We’re in the middle of some of the most dangerous times for them to be on our roadways. In fact, August has the dubious distinction of having 4 of the top 10 deadliest days of the year.

Our Lehigh Acres car accident lawyers understand that these newly-licensed drivers don’t always fully understand the risks associated with having the privilege to drive. Unfortunately, speed isn’t always noted as one of the most dangerous factors in these accidents, but it oftentimes is. We tend to spend time focusing on driving under the influence and distracted driving. But speeding is arguably even more critical, according to USA TODAY.

As a matter of fact, speeding is getting more and more common in accidents involving young drivers. In 2000, speeding was a factor in about 30 percent of these accidents whereas in 2011 it was a factor in close to 35 percent, according to the Governors Highway Safety Association (GHSA).

In a study funded by State Farm, researchers concluded that there were close to 20,000 speed-related accidents involving teen drivers from 2000 to 2011.

“Speeding is something people aren’t particularly concerned about,” says Susan Ferguson, an established highway safety consultant who authored the report.

It’s time to change that. It’s time we spend a little more time focusing on our younger drivers to help make our roadways safer for all travelers.

Speed limits aren’t there to slow us down; they’re there to help make sure traffic flows efficiently and that drivers are safe. This is something that is critical for our teen drivers to know.

Young males are most likely to put the pedal to the metal. It’s also the teen drivers who have three or more passengers. Young drivers are also more likely to speed during nighttime hours.

This is where we’re asking for your help. Parents and guardians need to step in and step up. Talk with your teen today about the risks for accidents among newly-licensed drivers. Make sure they understand the risks of speeding (not only a ticketed citation, but the risks for a potentially fatal accident). Make sure there are driving rules within your household with clear consequences for violations.

As for distracted driving — hang up the phone. Teenagers beware: It is now against the law to text and drive in Florida, according to the Florida Sheriff’s Association.

It’s important to remember that car accidents are the number one cause of death for teens, and you have the ability to make a change. Start the safe driving talk today and help save lives on the road.
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Fort Myers Boating Accidents Kills Local Woman

July 24, 2013 | Associates and Bruce L. Scheiner

One woman is dead after a tube in a boat flew out and yanked her with it. The line of the tube wrapped around her neck and she was pulled overboard, according to NBC2. Investigators are still looking into the accident to see what led to her death.

The victim was a 23-year-old from Cape Coral. She died as a result of her injuries. Although officials with the Florida Fish and Wildlife Conservation Commission (FWC) say that they’ve never heard of something like this happening, it is one of many risks present when enjoying a day on the water. Wind can be a problem when boating, regardless of what kind of boat you’re on. That’s something that you need to consider before heading out for an afternoon. Investigators have also reportedly determined alcohol a factor in the accident.

Our Fort Myers Beach boating accident lawyers know Florida is the most dangerous state in the country for these kinds of accidents. Our state continues to lead in the total number of registered boats, with more than 900,000 registered in 2012. During that same year, there were more than 700 boating accidents reported throughout the state.

Most commonly (accounting for more than 40 percent), these fatal accidents were the result of falling overboard. The leading cause of death was drowning, accounting for more than 60 percent of all boating fatalities. The deadliest month on the books was the month of July.

Drug and alcohol use played a role in more than 10 percent of the fatal boating accidents reported throughout the year. There were close to 60 people who died in all boating accidents reported in the state of Florida in 2012. Close to 65 percent of the victims were operators who were over the age of 35. More than 30 percent involved vessels that were less than 23 feet in length.

Aside from the fatalities, there were close to 400 injuries sustained in 2012 boating accidents.

Did you know that more than 70 percent of the operators who were involved in fatal accidents had no formal boater education?

And Lee County is one of the most dangerous counties in the state. We saw close to 30 accidents in 2012, with one fatality and 10 injuries. We were ranked as the 8th most dangerous in the state.

It’s a dangerous time of year to be out on the water. There’s a lot of boating traffic and the accident risks are high. So before you head out, make sure your passengers understand how to stay safe on the water. Enjoy your day in the sun, but enjoy it safely.
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Risk of Child Death in Hot Vehicles on the Rise in Southwest Florida

July 23, 2013 | Associates and Bruce L. Scheiner

It’s getting here in Southwest Florida, and temperatures are only climbing as we reach the height of summer. With temps in the 90s, we’re up against some serious dangers, as 20 children have died of heat stroke from being left in cars so far this year in the U.S.

Last year, there were close to 35 children killed in these kinds of accidents.

Our Fort Myers child injury lawyers understand that the heating dynamics of our passenger vehicles are much different than those of other forms of transportation. The windows of our vehicles act at catalysts for drastic internal temperature increases. And our vehicles have a lot of windows. They let in a lot of sunlight and it’s absorbed and thus trapped inside our vehicles. Sometimes, the temperatures inside a vehicle can reach twice that of the temperatures outside.

And our young ones suffer the most when sitting inside. They actually heat up about four times fast than adults do, according to MSN.

What happens when someone suffers from heatstroke is their body reaches 104 degrees. At this point, the body goes into survival mode. If the body increases its temperature by just 3 degrees, then the cells of the body start to die. At this point, internal organs can start failing and death can happen shortly thereafter.

And this can all happen in a short amount of time. The temperature inside your car can rise by nearly 20 degrees in just 10 short minutes. In an hour or two, the temperatures can rise by nearly 50 degrees.

Children aren’t the only ones at serious risk. Our pets are in danger, too! They’re not as easily able to cool themselves off as adults. Each year, there are thousands of animals lost to heat stroke because they’re left in a hot vehicle.

But believe it or not — pets are better protected than our children by today’s laws.

Did you know that more states in the county have laws stopping individuals from leaving pets in their car than leaving children in cars? Currently, there are less than 20 states that have laws against leaving children unattended in a vehicle.

Thankfully, Florida is one of the states that has a law against leaving children unattended. Unfortunately, it’s not stopping the problem. Even the most loving and caring parents can forget to check.

Before you get out of your vehicle, lock up and walk away, make sure that you check the interior of your vehicle. Try leaving something important in the back seat (like a purse or a wallet) so you’re forced to actually go into the back seat before departing. You can try leaving reminders in the front seat too, like a stuffed animal, a picture or maybe a sticky note. Just make sure it’s something that’s going to remind you to look. If you happen to spot a child who is unattended in a vehicle, make sure you call 9-1-1 right away. If you notice a child in your home is missing, check the vehicle and the pool area first!
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Top Traffic Citations To Hike Insurance Premiums

July 17, 2013 | Associates and Bruce L. Scheiner

When you see those flashing blue and red lights in your rearview mirror, you probably don’t get a good feeling. It usually means you’re up for a traffic ticket. But even worse than the ticket is the hike in your insurance rates.

Because with a ticket, insurance companies are going to see you as a higher-risk driver and will probably charge you more.

If you’re hit with a combination of some of the worst violations, including an accident or two, car insurance companies may even refuse to write you a policy, according to MSN Money.

Our Fort Myers accident lawyers understand that traffic tickets are kind of like your driving report card. Only you don’t want anything on this card. Your tickets are going to be matched (and even exceeded) by the cost of your insurance premiums. Some may violate road laws and get away clean, but the risk isn’t worth the gamble and the luck always runs out.

It’s tough to pinpoint just how much your rates are going to jump after a violation, as companies calculate costs differently.

But here are some of the worst violations, along with the estimated increase in your rates:

-Driving under the influence – 25 percent.

-Reckless driving – 15 to 20 percent.

-Speeding – 10 percent.

-Running a red light – 10 percent.

-Driving without a valid driver’s license – 10 percent.

“Driving is a privilege, not a right,” says Loretta Worters, spokeswoman for the Insurance Information Institute (IIHS).

And many of these violations are common in the state of Florida.

According to the Florida Department of Motor Safety and Motor Vehicles (DHSMV), there were close to 235,500 motor-vehicle accidents recorded by officials in the Sunshine State in 2010. Many of these accidents were the result of one of the dangerous driving behaviors listed above.

The truth of the matter is that road laws are not designed to slow you down and should not be treated as an inconvenience. They’re designed to help move traffic safely and efficiently. When these laws are ignored, the risks for an accident increase.

And we thus find ourselves at increased risk for injuries and fatalities. In 2010, there were close to 2,500 people killed and another 195,100 people injured on Florida roads. There were also close to 108,500 property damage-only accidents.

But it isn’t only drivers and other motorists who are getting hurt out there. It’s the bicyclists and the pedestrians who are feeling the wrath of dangerous driving and they’re at extremely high risk for serious injury or even death in the event of an accident.

Be a safer driver today, not only to reduce your risks of a serious accident but to also keep your insurance coverage affordable.
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Safe Florida Biking through Summer

July 16, 2013 | Associates and Bruce L. Scheiner

Bicycling safely around town is a cooperative activity, governed by a strict set of rules. Traffic rules incorporate practices found, through experience, to facilitate safe and efficient travel.

Since not everyone has enough experience to appreciate the rationale of the rules, it’s important that our officers are making sure that they’re on the ball with enforcement to help instill safe habits among all travelers. An effective police officer is ready to explain the principles that are involved when a bicyclist or a motorist uses poor judgment. These poor judgements increase the risks of an accident for everyone.

And you need to be aware of those key principles — for the safety of everyone out there.

Our Cape Coral bicycle accident lawyers understand more than 50,000 bicyclists a year are seriously injured in the United States and Florida is the most dangerous state in the nation for serious and fatal bicycle accidents. More bicyclists are killed in the state of Florida than any other state in the country.

That’s why we’re here — to help. Look over these key principles for cyclists to help ensure safe riding throughout the remainder of the year (and during some of our busiest travel periods):

-Bicyclists fare best when they are treated as motorists on our roadways. In close to half of all bicycle accidents, a motorist violated traffic rules.

-A bicyclist is safer riding with the flow of traffic instead of against it. A cyclist who rides against oncoming traffic is increase their risks of being hit by a passing motorist by close to 5 times.

-Avoid riding during the evening hours. About 60 percent of fatal bicycle crashes in Florida occur during non-daylight hours.

-Lamps must be used on a bicycle after sunset to alert other drivers. Unfortunately, reflectors may not be enough to allow a motorist to see you. Lights are essential.

-A cyclist traveling more slowly than other traffic should ride to the right, except to pass, to make a left turn, when necessary to avoid hazards, or when a lane is too narrow to share.

-Every bicycle must be equipped with a brake or brakes that allow the rider to stop within 25 feet from a speed of 10 mph on dry, level, clean pavement.

-A bicyclist is not allowed to wear headphones, a headset or any other kind of listening device while riding. (Hearing aids are okay.)

-Make sure you’re always wearing a helmet. We recommend that everyone wear helmets when riding a bicycle, but helmets are required by law for children under 16 years of age.

Drivers are reminded to follow all street signs and be cautious of bicyclists at intersections. Proper yielding prevents crashes; stopping and proceeding without yielding does not.

A study from officials with the Insurance Institute for Highway Safety (IIHS) discovered that roughly 70 percent of accidents that occurred at one- and two-way stop signs involved stop sign violations. But in two thirds of these cases, the driver did stop; the crash occurred when the driver then proceeded without yielding.
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Southwest Florida Traffic Safety: Summer Focus on Older Drivers

July 15, 2013 | Associates and Bruce L. Scheiner

Florida has one of the largest senior citizen populations in the nation. Fortunately, our state offers a variety of programs to assist older drivers and their families stay safe on the road and decide when it’s time to stop driving.

If you are one of the ones who continue to drive (and can do so safely), you’re urged to take an online course designed for YOU. With this course, you can even save 10 Percent on your Auto Insurance for 3 years.

Our Naples car accident lawyers understand that by the year 2020, Florida’s population of persons 65 and older is expected to double. It’s important that we stay on top of this driving-safety issue and continue to assess abilities behind the wheel so we can identify those who are “at-risk.” There are a number of Self/Caregiver Assessments that you can participate in from the comfort of your own home.

For all of us, young and old, the motor vehicle is an important aspect of our daily lives. But when we can no longer drive safely, there are other options readily available to us, and there are great benefits:

-Saving money on gas and other costs. This can also include car insurance, registration, maintenance and other fees. These kinds of savings can easily pay for other modes of transportation, like the bus, a cab or gas money for friends.

-You can improve your health. By giving up your keys, you can walk and bike more. Regular exercise (especially for older residents) can help to improve overall health and help to ensure a long life.

-You can grow your social circle. Get a ride with a friend. Reach out and find new people. Not only can you offer gas money as compensation, but you can also trade off on other chores, such as cooking a meal in return for your friend driving.

-Appreciate the change of pace. For a lot of people, giving up the keys means slowing down. It might not sound appealing at all, but for elderly residents, it may help to enjoy life a little more. It can also have some amazing effects on mental health by eliminating the stresses of driving.

According to recent statistics from the National Safety Council (NSC), there were more than 210 million licensed drivers in the U.S. in 2009. Of those, close to 14 million (or nearly 7 percent) were drivers over the age of 75. And this percentage of elderly drivers is at some serious risks for an accident. The changes that come along with aging can work against us when trying to operate a motor vehicle.

If you’ve got elderly individuals in your family, talk with them about their driving abilities. The questions may be best received from a loved one. Fighting for safety is a smart course of action.
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Summer Bicycle Safety, A Concern for ALL Floridians

July 10, 2013 | Associates and Bruce L. Scheiner

With the summer season, residents and visitors to the area can enjoy some cycling fun. With the summer season, we should also use this time to review bicycling safety. It’s a move that could end up saving lives — especially young ones.

Our Cape Coral bicycle accident lawyers understand that there were close to 150 bicyclists killed in the state of Florida in 2011. According to the National Highway Traffic Safety Administration (NHTSA) we were the most dangerous state in the U.S. for these kinds of accidents.

To help reduce the risks of these accidents for you and your loved ones, consider the following:

-Have your bicycle and safety gear checked. You can do this by visiting almost any bicycle shop. Make sure you’ve got a helmet that meets your needs. Consider allowing your child to help pick out their safety gear. They might be more enthused to wear it it if they have a chance to be a part of the selection. It’s also a good idea to make sure that your bicycle is equipped with reflectors and lights to help motorists and other bicyclists to see you out there.

-Always look over your child’s bicycle before use. Make sure that everything is working properly and that it’s still a good size for their weight and height. You never want them to use a bike that isn’t meant for them.

-Talk with everyone (especially children) about the importance of safe-riding habits. Make sure everyone knows the tricks and the tools to avoiding an accident.

-Everyone should ride together. Review the areas that are safe and are meant for riding. Avoid roadways with fast-moving traffic and try to avoid crossing streets. If you have to, make sure that it’s done in an area with good intersections, preferably with lights and crosswalks.

-Set the rules for your youngest riders. Make sure there is a curfew. Bicycle accidents are more likely to happen when the sun sets. Make sure everyone knows to wear a helmet at all times, keep two hands on the handlebars and make sure that everyone knows where they’re allowed to ride. It’s also not a bad idea to write down these rules and to make sure that the consequences are laid out for breaking these rules.

You also want to make sure that other parents are on the same page. Make sure that these rules apply throughout the community. It’s not only going to help make sure that your child is safe, but the rest of the bicyclists are, too.

And remember, these rules aren’t only for the kids. In 2011, the average age of bicyclists killed in traffic crashes was 43. During the past 10 years, there has been a steady increase in the average age of bicyclists killed and injured.
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