Fort Myers bicycle accident lawyer Tag Archives

Bicycle Accident Results in $38 Million Verdict Against Valet Company

February 20, 2017 | Associates and Bruce L. Scheiner

A valet company that did nothing to stop its drivers from cutting through alleys, barreling illegally across lanes of traffic and engaging in other reckless actions will pay $38 million to the bicyclist who was seriously injured by one of its employees.

According to The Seattle Times, injury attorneys for the bicyclist won the multi-million dollar case for their client after he suffered a traumatic brain injury, shattered hip, broken ribs and internal injuries. To this day, he can no longer ride a bike – which he used to do every day to and from work. In fact, he can’t even walk more than a short distance without the aid of crutches. Once an employee of the city’s traffic division, he is now permanently disabled. In addition to the surgeries and medical assistance he’s already needed – which has amounted to nearly $430,000 by the middle of 2015 – plaintiff is likely to need four or five more surgeries, his attorney explained.

At trial in Washington State, where the incident occurred, defendant valet company (a company that made $129 million in profits during the first three quarters of last year) had tried to argue the cyclist was at least partially responsible for his own injuries because he didn’t act sooner to the car crossing the street. But the car, driven by a 21-year-old employee of defendant, was reportedly moving across two lanes of travel at a perpendicular angle when he struck the cyclist. Jurors sided with plaintiff. Continue reading ›

Trucks Pose Risk of Bicycle Accident Injuries, Fatalities

October 26, 2016 | Associates and Bruce L. Scheiner

A recent report by The Chicago Tribune lamented the fact there have been six bicyclists struck and killed by large commercial trucks in the city just this year alone. In a city that typically sees six bicycle deaths total every year, to reach that in September – with three more months of the year to go – is deeply troubling. That every single one involved a commercial truck highlights a more serious problem.

It’s one about which our Fort Myers bicycle accident lawyers are fully aware: Trucks pose a serious risk to cyclists. A number of different studies – from England to New York to Seattle – have found that large vehicles account for roughly a third of all bicycle fatalities, despite only accounting for about 7 percent of total traffic volume.

A 2012 study by the University of Washington explored why trucks and bicycles are often in conflict. Researchers noted that movement of freight is central to the local and regional economy, but simultaneously, bicycle travel is increasing and given priority. Bicycles have the potential to impede the flow of traffic, but the sheer size of trucks can do the same and is extremely intimidating to cyclists. One big problem in urban settings? Bicycle lane obstruction by trucks. Continue reading ›

Bicycle Helmet Recalls Highlight Head Injury Risk

September 24, 2016 | Associates and Bruce L. Scheiner

When you purchase a bicycle helmet, you are making a commitment to safety. The National Highway Traffic Safety Administration (NHTSA) reports 818 bicyclists died on U.S. roads last year – an increase of more than 12 percent – the highest uptick since 1995. Another 45,000 were injured. Research from the same agency revealed helmet use has been estimated to reduce the odds of head injury by 50 percent, and the odds of head, face, or neck injury by 33 percent.

In order to be effective, bicycle helmets need to meet certain criteria. Bicycle helmet standards are set by the U.S. Consumer Product Safety Commission (CPSC). These set minimum impact absorption requirements (via drop heights on various surfaces), strap strength jerk, roll-off risks and coverage.

Despite these very specific requirements, there continue to be some manufacturers that fail to ensure their products meet these standards before sale to consumers. Continue reading ›

Do Cameras on Cyclists Make Roads Safer?

September 11, 2016 | Associates and Bruce L. Scheiner

Bicycle accidents and aggression against cyclists by motor vehicle drives are nothing new on Florida roads, though there has been some increase for the simple fact more people are riding. However, there is one element that has dramatically shifted the dynamic of these encounters: Cameras.

An increasing number of bicyclists are donning GoPro cameras or others like it, mounted to the cyclists’ helmets, filming every moment. Cycling cameras were first sold primarily for recreational riders as a means to allow them to capture images of their journey. However, they have been more often cropping up on social media sites, showing just how badly drivers are behaving. The footage may not shock some who ride on a regular basis, but they are grabbing the attention of the public and law enforcement. They are also being used in an increasing number of both criminal and civil cases.

Cyclist-versus-car crashes were often he-said-she-said ordeals in court. These cameras are changing the game. Continue reading ›

Defective Bicycle Case Weighed by Sixth Circuit

August 7, 2016 | Associates and Bruce L. Scheiner

Most of the bicycle accident lawsuits that are pursued involve a cyclist who was struck by a motorists. The National Traffic Safety Administration (NHTSA) reports approximately 750 people annually die in bicycle crashes on public ways, with most of those occurring after the cyclist is struck by a car or other vehicle.

However some of these cases – as well as bike accidents that don’t involve cars – may be caused in whole or in part by a defective bicycle.

There are a host of potential defects that bicycles can have that could render them unsafe or even cause a crash. Some of those issues include:

Faulty frame welds
Brake issues
Pedals that come loose during operation
Broken chains or other drive train component problems
Tubes or tires that pop or blow out

Deputies: Distracted Driving Kills 7-Year-Old in Fort Myers

July 2, 2016 | Associates and Bruce L. Scheiner

The family of a 7-year-old girl is reeling from an unfathomable loss after she was struck and killed by an alleged distracted driver in front of her Fort Myers home.

It happened near her father’s house on Jupiter Road, where she was riding her tricycle.

The suspect, a 27-year-old man also from Fort Myers, was reportedly driving his work van, which belongs to a local roofing company. Witnesses told Lee County Sheriff’s deputies the driver, a relative of the girl, was distracted and waving to family members when he struck the girl. Authorities later discovered an open container of alcohol inside the work van, but investigators do not believe the driver was under the influence of alcohol or drugs at the time of the crash. However, he did not have a license. Continue reading ›

Families of Two Killed in Florida Bike Accident Receive $7M in Damages

May 7, 2016 | Associates and Bruce L. Scheiner

A South Florida bar has been ordered to pay $7 million to the families of a young couple killed in a bike accident on Labor Day 2013. The pair was riding a tandem bicycle when they were struck by a drunk driver who had reportedly just left the bar intoxicated.

What’s interesting about this case is that normally, victims of drunk drivers in Florida would not be able to collect damages from the establishment that served the driver alcohol except in very limited circumstances.

However, defendant bar was the employer of the drunk driver, who was reportedly drinking throughout his shift and left intoxicated after a friend failed to pick him up as promised. That may have made a difference in this case. Continue reading ›

Safer Roads for SWFL Bicyclists in 2016?

February 8, 2016 | Associates and Bruce L. Scheiner

Florida has for years now held the dubious distinction of having the highest rate and bicycle accidents and related deaths. Lee County has historically been one of the worst locations, ranking 10th in the state, with regular riders and tourists alike constantly at risk.

In 2014, there were a slew of incidents involving anti-cyclist rhetoric. There was the man who ran over a row of bicyclists on Fort Myers Beach before declaring to a doctor who rushed to their aid, “I should have hit them harder.” There was the Naples woman who allegedly spat on a bicyclist after plowing into him. And there was the Cape Coral cyclist who dodged a motorist’s bullets after shouting at him to slow down.

All of this prompted a novel approach by The Fort Myers News-Press: Advocacy in journalism. Though objectivity is a core tenant of journalism, the paper of record took an unabashed role of advocating for fewer bicycle accidents and deaths. Now, it looks like it may have actually worked, at least to some degree. Continue reading ›

Bicycle Injuries Doubled From 1998 to 2013, Analysis Shows

September 26, 2015 | Associates and Bruce L. Scheiner

A new study, conducted by researchers at the University of California, San Francisco, and published in The Journal of the American Medical Association (JAMA), reveals bicycling injuries in the U.S. have risen astronomically in the last 15 years.

Sifting through the National Electronic Injury Surveillance System data, researchers wanted to find out more about trends in adult cycling injuries and related hospital admissions.

What they discovered was that in 2012-2013, there were 15,427 hospital admissions for bicycle injuries. That was a significant uptick than what was reported in 1998-1999, when there were 8,791 hospital admissions. Another revelation was that the age of cyclists has shifted dramatically. While the majority of victims used to be primarily children, we now see that figure has dropped dramatically. This is good. But the number of over-45 cyclists who suffer serious injury and death sharply rose. Continue reading ›