Fort Myers bicycle accident

Burgueno v. Regents of the Univ. of Cal. – Bicycle Accident Immunity

January 29, 2016 | Associates and Bruce L. Scheiner

If you are a cyclist who avails of the increasing number of bicycle trails in Lee, Collier and Charlotte counties, you may want to keep in mind that if you are injured due to some dangerous condition thereon, you may have a more difficult time recovering damages.

That’s for two reasons:

Florida’s recreational use statute, F.S. 375.251 allows for a limitation on liability of persons who make available to the public certain areas for recreational purposes without charge.
Florida’s governmental immunity law, the waivers to which are outlined in F.S. 768.28.

So private land owners who open their land for recreational biking, either on paved paths or rougher terrain, could enjoy protections under the recreational use statute, while government entities would be protected under governmental immunity laws. Continue reading ›

Bicycle Accident Lawsuit Camicia v. City of Mercer Island Settles for $7M

November 26, 2015 | Associates and Bruce L. Scheiner

It’s been nearly 10 years since plaintiff in Camicia v. City of Mercer Island was seriously injured in a Washington state bicycle accident that left her paralyzed. The case has been volleyed to various courts over the years on a number of issues, most recently to the Washington Supreme Court on the question of the applicability of the Recreational Use Statute. The high court remanded the case back to the trial court for further proceedings.

Now, less than two weeks before trial was scheduled, the city agreed to settle the case for $6.95 million. Another defendant, a construction company, settled weeks before that for a confidential sum.

Bicycle accidents are a serious problem nationally, but especially so here in Florida. The National Highway Traffic Safety Administration reports in 2013, there were nearly 750 bicyclists killed and another 48,000 injured. Florida had the second-highest number of bicyclist fatalities that year with 133. However, the state with the most – California – had 141 – which is 6 percent higher, despite the fact that California’s population is 95 percent higher than Florida’s. Continue reading ›

Bicyclist vs. Truck Accident Injuries Could be Curbed With Side Guards

July 26, 2015 | Associates and Bruce L. Scheiner

When large trucks and bicycles collide, the potential for serious injury is very high. One of the reasons is because an individual who is on a bicycle or on foot can get thrown underneath the truck and be run over by the back wheels.

With an increasing number of truck vs. bicyclist and truck vs. pedestrian injuries occurring, particularly in urban areas, both municipalities and private trucking companies are taking a simple action that could help reduce the severity of these incidents. They are installing side guards on large trucks.

These metal panels run between the two sets of wheels on larger trucks, and prevent a person who is hit by a truck from falling underneath the vehicle and into the path of the rear wheels. It may not reduce the number of accidents, but it helps to decrease the chances the bicyclist or pedestrian will be killed or suffer catastrophic injury.