injury attorney Fort Myers

USDOT Aims to Curb Cell Phone Distractions for Drivers

January 11, 2017 | Associates and Bruce L. Scheiner

With the goal of reducing the serious risk posed by distracted drivers toying with their cell phones, the U.S. Department of Transportation’s National Highway Traffic Safety Administration has proposed voluntary guidelines to manufacturers of phones and software. One of the key measurements involves a the creation of a “Driver Mode,” akin to the “Airplane Mode,” which shuts off wireless communication that might interfere with modern aircraft systems. In the same way, this “driver mode” would block or modify certain cell phone apps so that a motorist’s attention could stay on the road.

These voluntary guidelines were introduced amid news that traffic deaths over the last two years have increased sharply. Yes, part of that is due to falling gas prices and an improved economy, which has more people on the road. However, cell phone distraction is believed to be a substantial part of the problem. If drivers can’t be trusted to put the phones down on their own, then technology companies may need to step in and do it for them – not just for their own sake, but for the safety of those with whom they share the road.

The guidelines call on manufacturers of electronics, such as Samsung and Apple, to alter future operating systems in a way that curtails functionality and simplifies interfaces while the device is inside a vehicle that is moving. There are also requests to develop technology that would be able to determine when devices are being used by a motorist who is driving, while still allowing others who are in the vehicle full access to those features. Continue reading ›

Fatal Fort Myers Truck Accident Involves 7 Vehicles

May 29, 2016 | Associates and Bruce L. Scheiner

A seven-car pileup in Fort Myers on Summerlin road killed one and injured several others after a semi-trailer truck rear-ended a passenger car, setting off a fiery chain-reaction crash.

Officials with the Florida Highway Patrol were investigating the details, but The News-Press reported all vehicles involved were traveling northbound on Summerlin Road near Winkler Road in South Fort Myers. All were in the process of slowing down for impending traffic congestion, as it was shortly before 4 p.m. They included a tractor-trailer ruck, two vans and four cars.

The tractor-trailer truck driver reportedly failed to stop in time for the traffic ahead of him. He slammed into a Town Car. That vehicle was driven by a 70-year-old man. A 38-year-old woman was riding in the rear passenger seat of that vehicle. The Town Car burst into flames. The 38-year-old woman, from Iowa, died instantly. Continue reading ›

Nielsen v. Bell – Child Negligence in Injury Lawsuit

May 10, 2016 | Associates and Bruce L. Scheiner

Although children are typically the victims in injury lawsuits, they can sometimes be the ones who cause injuries.

The question of whether parents may be held liable will depend on a number of factors, including:

The age of the child;
The child’s developmental ability to exercise caution;
Child’s mental capacity;
Specific details of the accident.

In general, Florida law holds that children under 6 are incapable of negligence – including comparative negligence for their own injuries. In cases where children are found negligent, parents – who are legally responsible for the children – may be held vicariously liable due to the legal theory of respondeat superior (Latin for, “Let the master answer”). But parents can’t be held vicariously liable unless there is a legitimate claim of liability against a child.

A recent case before the Utah Supreme Court asked the court to consider: How young is too young to be negligent? Continue reading ›

Perry v. Asphalt & Concrete Servs. – Insurer Info in Injury Litigation

April 15, 2016 | Associates and Bruce L. Scheiner

You may have wondered why in injury litigation, we refrain from naming the insurer in the initial action. This is why, for example, you will see spouses suing each other for crash-related injuries, rather than suing the insurance company – even if that’s ultimately the goal.

The reason has to do with the fact that courts have found that the presence or lack of an insurance policy can be prejudicial in a civil case. The thinking is that if a jury is aware that a defendant has ample insurance, they may be more likely to award much higher damages to the victim than they would if they knew the defendant has no insurance and would be personally liable to pay damages.

The courts take this matter extremely serious, which is why the Court of of Appeals of Maryland (the highest court in that state) recently affirmed a reversal of a truck injury verdict and remanded the case for a new trial for a violation of this standard. The court noted that lack of insurance coverage is irrelevant and inadmissible in a lawsuit alleging negligent hiring where the evidence doesn’t establish the proximate cause of plaintiff’s injuries. Continue reading ›

Windshield Devices Aim to Curb Distraction, But Some Argue They Create It

July 17, 2015 | Associates and Bruce L. Scheiner

A number of car manufacturers are working on technology they hope will reduce distraction while driving. However, these efforts work within a model that essentially says, “If you can’t beat ’em, join ’em.”

Automakers don’t believe they’ll be able to quell drivers’ desire to stay in touch at all times. So they are working on ways to make doing so safer. But some traffic safety advocates wonder if these well-meaning efforts will backfire by making it easier for drivers to be distracted.

A recent article in The New York Times weighs both sides of the debate.