Florida Injury Lawyer Blog

Detailed look at Florida's Texting Ban

Fri, 17 May 2013 08:10:54 -0500

As we recently reported, text messaging drivers could soon be banned in the state of Florida. The decision not sits with Gov. Rick Scott.

According to Florida Today, all the governor has to do is sign the measure that made it through this year's legislative session. Similar measures have failed to make it through the lawmaking process each year since at least 2006. The law would make it illegal for all drivers in the state of Florida to text message while driving.

Our Naples car accident lawyers understand that Florida is one of the only states left in the country to still allow drivers to engage in this dangerous behavior. And it's risking the lives of a lot of innocent people. Under the new measure (Senate Bill 52), drivers would still be allowed to text message while stopped, like at a stop light.

In other, words, the measure is far too lenient, even should it make it into law. The governor hasn't said if he's going to sign it.

Under the law, drivers would only be able to be busted for text messaging and driving if they're pulled over for something else first. So it would be a secondary enforcement law. Only then could you be cited. With a new amendment added to the bill earlier in the week by the House, police and prosecutors can seek cell phone records after an accident if an injury or death resulted.

If Scott goes ahead and approves this bill, the state of Florida would become one of the last states in the country to have any kind of restriction on text messaging while driving.

Also permitted under this measure are the use of GPS devices and other electronics. Talk-to-text services would still be allowed as long as the driver doesn't have to manually type or read messages. In addition to texting, the bill prohibits reading or writing emails, or other messages.

Year after year, there are thousands of people who are killed in distracted driving car accidents. Still, Florida lawmakers haven't made the moves to put an end to this dangerous driving behavior.

Drivers who use hand-held devices are close to 5 times more likely to get into crashes serious enough to injure themselves. When a driver is text messaging behind the wheel, they're close to 25 times more likely to get into an accident.

Sending or receiving a text takes a driver's eyes from the road for an average of 4.6 seconds, the equivalent-at 55 mph-of driving the length of an entire football field, blind.

Law or no law, there should never be a phone call or a text message that's worth risking your own life or the lives of other innocent travelers. If you've got some business to attend to, make sure you do so when you're safely stopped. No text message or phone call should be worth a human life.

Motorcycle Accidents in Fort Myers, Cape Coral, in Focus for Safety Month

Thu, 16 May 2013 07:30:14 -0500

Florida’s sunny weather, beautiful beaches, and scenic highways make it a popular place for motorcycle enthusiasts. Unfortunately, it also makes it the most dangerous states in the country for motorcycle accidents. According to NBC News, the Florida Department of Transportation recognizes May as Motorcycle Safety Awareness Month. During this time, all motorists are reminded to safely "share the road" with motorcycles and to be extra alert to help keep motorcyclists safe. Motorcyclists are reminded to make themselves visible to other motorists and to ride safely.

Our Fort Myers motorcycle accident lawyers understand that there were close to 450 motorcyclists killed in the state of Florida in 2011. That was more accident fatalities recorded in one year than any other state in the country, according to the latest statistics from the National Highway Traffic Safety Administration (NHTSA).

Remember that motorcyclist struck back in March when a van reportedly pulled out in front of him on Hancock Creed Boulevard? He is still in critical condition, according to Fort Myers Beach Talk. The man sustained life threatening injuries to his head and was transported by ambulance to the hospital, according to accident reports.

Motorcyclists have very little protection in the event of a traffic accident. That's why it's critical that we're taking the proper precautions to make sure they're safe out there. They follow the same rules of the road as every other vehicle. It's time all motorists recognize their rights and their presence.

Here are some beneficial tips to help keep our motorcyclists safe:

-Make sure you don't buy more than you can handle. Purchase a bike that's within your abilities.

-Make sure you're well prepared and take a motorcycle class. Even if you're a seasoned rider, it's not a bad idea to freshen up your skills occasionally and to enroll in a class, too.

-Wear protective gear and a helmet. Riders without a helmet are 40 percent more likely to suffer a fatal head injury in an accident and about three times more likely to suffer brain injuries than those with helmets.

-Make sure you're always driving defensively. In most motorcycle accidents, drivers of passenger vehicles are at fault.

-Make sure you're well seen out there. Make sure that you're wearing bright colors and your maneuvers in traffic are predictable.

-Avoid driving out there in poor weather.

-Ride responsibly, "Don't Drink and Ride."

-Make sure you're keeping an eye out for road hazards, like potholes and debris, in addition to irresponsible drivers.

-Before each venture, make sure you take a look at your bike. Make sure that everything is working properly and that your lights are bright. Proper motorcycle maintenance can help eliminate any mishaps.

-Make sure that you're looking out for the irresponsible driving habits of others at all times. Stay one step ahead of the traffic around you.

Seniors at Risk of Pedestrian Accidents in Southwest Florida

Wed, 15 May 2013 10:50:46 -0500

Florida is an attractive retirement destination and many elderly people live within the state. Unfortunately, in Florida and in many other parts of the country, older people often have a hard time getting around. In fact, as Aging in Place Stuck Without Options points out, by 2015 there will be 15.5 million elder Americans ages 65 and up living in communities with either no public transportation or with very limited public transportation. Seniors who cannot drive and who do not have access to buses or other reliable public transportation may have no options but to move into assisted living facilities or to try to walk to their destinations.

Our Fort Myers accident attorneys know that those seniors who choose to walk will face major risks. This is because the odds of dying in a pedestrian traffic accident double for those over the age of 75 when compared with younger walkers ages 34 and under.

Seniors at Risk in Pedestrian Accidents
WMBB Panama City Florida recently published an article about the dangers that older pedestrians face. According to the article, CDC experts reviewed data on the more than 34,000 traffic accidents that occurred each year in the United States. The CDC looked at this data from 2001 to 2010 to get a better idea of how older pedestrians were faring.

What they found was that elderly pedestrians were about twice as likely to die in pedestrian crashes than people under the age of 34. The CDC experts who commented on the finding also indicated that this problem is probably going to get worse as more people age. With no public transportation in so many areas, those who want to remain independent for as long as they can will likely be forced to try to walk if they need to go somewhere.

The CDC also cautions that this higher death rate for seniors exists despite the fact that seniors actually take fewer walks than young people. This means that the higher death rate cannot necessarily be attributed to the fact that there are simply more senior walkers. Instead, there are other factors that make senior citizens more likely to die in pedestrian accidents.

Some of the factors that up the chance of a fatality for a senior walker include:

An increased chance of an accident occurring. Due to limited mobility, cognitive and physical impairments, senior pedestrians may be more likely than their younger counterparts to get into a pedestrian accident. Seniors may also have a more difficult time getting out of the way if they are in the path of an oncoming car because they cannot move quickly enough.

An increased chance of dying when an accident does occur. Due to weaker aged bodies as well as existing health issues, seniors in general are more likely to die if they are involved in a pedestrian crash than those who are younger.

This is a major problem that is likely to only get worse as the baby boomers age. Loved ones and family members of seniors will need to try to take action to ensure their older relatives are safe and not in danger of getting hurt in pedestrian crashes.

Graduation a Dangerous Time for Teenage Underage Drinking

Tue, 14 May 2013 11:46:11 -0500

Recently, Mothers Against Drunk Driving targeted two campaigns at teenagers. The first was intended to keep kids safe at prom and was called Promoting Safe Behavior. The second was Alcohol Awareness Month, which took place in the month of April.

Both of these events were intended to remind parents and teenagers about the dangers of drinking while underage. Our Fort Myers accident attorneys know that a young person who drinks faces many potential dangers and also puts others at risk if he or she chooses to drive after consuming alcohol. The efforts of MADD to draw attention to the problem of teen drinking are important efforts, especially as graduation approaches and as many teens make dangerous decisions during a celebratory time in their lives.

Graduation & Summer Vacation Present Risks

Both of the MADD events came at an opportune time because now is a very risky time for teenagers. Many young teens will celebrate their graduation at parties where they consume alcohol. Often, these teens will take risks at these parties and MADD lists a number of dangerous behaviors that teens may engage in including unsafe sex and driving drunk.

Teens who go to graduation parties may drive home from those parties drunk or may do risky things at the parties including consuming too much alcohol and putting themselves in a position where their chances of sexual assault go up. When teens do these things, they not only could hurt themselves but they could also hurt innocent bystanders who happen to encounter them on the roads.

Once graduation passes, teens also take many risks in the summertime. With no school and with many parents working, teens often spend their days and nights getting into trouble that could include, drinking, taking drugs or even just joyriding around with their friends. The more teens drive and the more passengers they have in their car at once, the greater the chances of an accident occurring that results in the young driver hurting himself, his passengers and others on the road.

Staying Safe
Teens need to remember that there is lots of life beyond graduation and summer vacation. Taking dangerous and unnecessary driving risks isn’t worth it because these risks could cause them to kill or injure themselves or to end up in jail for causing a car wreck that kills or injures someone else.

Parents should also take steps to keep kids this safe during graduation and over the summer season. This means making sure that teens understand the dangers of drunk driving; that they are supervised so they don’t get into trouble; and that they are restricted from going to parties or events where there will be no supervision and where alcohol will be served.

If parents and teens both make a commitment to staying safe through graduation and summer vacation, then many lives will be saved this year.

Florida on Brink of Driver Texting Ban

Tue, 14 May 2013 07:42:36 -0500

Florida is on the verge of implementing its first distracted driving law -- one of the last state's in the nation to do so. It's going to come down to the decision of Gov. Rick Scott, as the bill sits on his desk awaiting his signature.

Florida is one of the only states in the country to allow drivers to talk on a cell phone and text message behind the wheel. With the passing of Senate Bill 52, police will now be allowed to use drivers' cell phone records against them when texting causes an accident that results in death or personal injury, according to NBC News.

Republican Sen. Joe Negron of Stuart was the only one to vote against the bill.

Our Fort Myers car accident lawyers understand that there are close to 40 states that ban drivers from text messaging behind the wheel. Florida is not one of those states. Even though our nation is losing thousands of lives each and every year -- more than 3,300 in 2011 -- drivers are still permitted to take their attention off driving without the fear of legal action. Unfortunately, accidents that are caused by cell phone-using drivers are believed to be seriously underreported nationwide, according to officials with the National Safety Council (NSC).

"We believe the number of crashes involving cellphone use is much greater than what is being reported," said Janet Foetscher, with the NSC.

One reason that officials believe that these causes aren't being reported is because when an officer responds to an accident, he may have no reason to suspect distraction, according to NBC2. Another reason we hardly ever hear about these kinds of accidents is because drivers are hesitant to admit that it was their fault and that they were distracted when an accident happened.

For quite some time now, officials with the National Transportation Safety Board (NTSB) have urged states to enact laws that would stop drivers from using any kind of electronic device in the driver's seat. These suggestions have fallen on deaf ears in the state of Florida.

Nearly 20 percent of injury crashes in 2010 were reported as distraction-affected crashes.

These kinds of accidents are completely preventable. There is never a legitimate reason to take your eyes off of the road. Although it may not be the law here in the state of Florida, we know right from wrong. We know to get out of the water when we see a shark -- because we know it's dangerous. And we know distracted driving is dangerous, so why do we still do it?

Step up and be that change you want to see. Put down the cell phone, turn off the text messaging devices and keep the distractions to a minimum.

Lee County Officials Target Bicycle Safety

Mon, 13 May 2013 09:05:58 -0500

We've been talking about the safety of bicyclists for some time now, but the message just isn't sinking in. Still, motorists are riding around like it's their road and they own it. It's time for bicyclists to step up and to fight back -- with safer riding habits.

But you don't have to do it alone. Now, Lee County officials are working to help make sure that motorists are doing their job out there to keep bicyclists safe.

Our Fort Myers bicycle accident lawyers understand that operating in traffic is a cooperative activity, governed by 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, seasoned and informed enforcement is necessary to help instill safe habits. Officers exercise discretion in enforcement actions; an effective officer is prepared to explain the principles involved when a cyclist or motorist uses poor judgment.

So how do bicyclists do their part?

-Act as the drivers of motor vehicles do and adhere to the same rules.

-Ride with the flow of traffic, never against it.

-Make sure you have lights on your bicycle, and they're turned on after the sun goes down.

-Ride to the right to allow faster cyclists to pass you on the left.

-Make sure that you're visible to motorists and your moves in traffic are predictable. You never want to sneak up on a driver and put yourself at risk for an accident.

Drivers and bicyclists can share the road, but under one condition. In the state of Florida, there's a 3-feet minimum separation rule. This means that there needs to be at least three feet between a bicyclist and a motorist to allow them to legally travel in the same lane.

At intersections, we all need to be on the lookout for bicyclists. And bicyclists: make sure you're crossing the road at intersections. Everyone is required to follow the laws of traffic devices and crossing laws at these areas. These are laws that are designed to help keep everyone safe.

By following a few simple rules and keeping safety as a top priority, we can all do our part to help to reduce the risks of these fatal accidents on our South Florida roadways.

In 2011, there were close to 700 bicyclists who were killed in traffic accidents in the U.S. It doesn't stop there either. There were another 50,000 bicyclists who were injured in these same incidents. Bicyclist fatalities accounted for 2 percent of all motor vehicle traffic fatalities throughout the year, according to the National Highway Traffic Safety Administration (NHTSA).

During this same time, there were close to 150 bicyclists killed in the state of Florida, making it the most dangerous in the country.

This isn't a matter that's getting any better. Compared to the numbers from 2010, these fatalities and injuries are up close to 10 percent.

Florida Dog Dangers This Summer Season

Tue, 07 May 2013 23:39:39 -0500

Summer in Florida is a time when kids are out of school and when people take vacations and spend time outdoors. Unfortunately, the more time everyone is spending outside at parks and in neighborhoods, the greater the chances of a dog bite incident occurring.

While dogs can be man’s best friend, our Fort Myers dog bite attorneys know that they can also cause serious harm if they bite or attack. It is essential that everyone do what they can to stay safe this summer and avoid a bite incident.

Florida Dog Bite Laws
Under Florida law, dog owners are strictly liable if their dog bites someone. This means that a person who has a dog can be held responsible for paying for all costs and losses caused by a dog bite regardless of whether the dog has ever bitten anyone before. As long as the bite occurred when the victim was lawfully on private property or occurred in a public location and as long as the dog wasn’t provoked, the dog’s owner is to blame.

Dog owners can also be held liable based on their negligence if they knowingly have a dangerous dog.

With Florida’s strict liability rules for dog owners, everyone who has a dog should take care to prevent their dog from biting others. Dog owners should:

Seek behavioral training for any signs of aggression.

Refrain from leaving their dog chained up and alone for many hours, which can foster aggression.

Socialize and train their dogs in proper behavior from the time the animals are puppies.

Keep their dogs on leashes and/or in secured homes or yards at all times.

Ultimately, each dog owner must take responsibility for preventing injury to others. It is the dog owner who will need to pay for the costs of injuries and it is the dog owner who is in the best position to stop a bite or attack before it starts.

Don’t Become a Dog Bite Victim
While the dog owner is primarily responsible for his or her dog’s behavior, this doesn’t mean that everyone else shouldn’t take steps to protect themselves from dog bites as well. It is also especially important for parents to teach their children how to be safe around dogs.

Some tips to ensure you do not become the victim of a dog attack include:

Never approaching strange dogs that you do not know. If you or your child wishes to pet a dog, ask the owner first.

Staying away from dogs that are eating and avoiding taking a toy from a dog. Some dogs become aggressive or guard their food or possessions and you don’t want to take a chance of getting bit by a dog that has guarding tendencies.

Teaching your children how to interact safely with dogs, including letting the dog sniff their hands before petting and treating dogs with kindness.

Supervising children when they are around dogs.

Refraining from yelling, shouting or using high pitched and nervous voices around strange or aggressive dogs, as this can increase excitement and up the chances of someone getting hurt.

By following these basic safety tips, you can hopefully stay safe around all dogs that you encounter and avoid a dangerous bite or attack incident this summer season.

No More Distracting In-Car Electronics, Says NHTSA

Mon, 06 May 2013 09:27:51 -0500

The nifty electronic gadgets in new vehicles might be limited in the future, if officials with the U.S. Department of Transportation (DOT) get their way. According to the National Highway Traffic Safety Administration (NHTSA), officials want navigation devices, entertainment devices and communication devices all kept to a minimum to reduce the risks of distracted driving accidents.

"Combined with good laws, good enforcement and good education, these guidelines can save lives," said Ray LaHood with the DOT.

Our Naples car accident lawyers understand that Florida is one of the only states left in the country that has yet to enact and kind of distracted driving law. That's right. Drivers in the state of Florida are still allowed to talk on their cell phone, send and receive text messages, shoot out emails and event surf Facebook and other social media sites, all while trying to navigate on our busy roadways. Because drivers are still participating in these dangerous activities, distractions continue to be a leading cause of car accidents nationwide -- especially here in the state of Florida.

According to Distraction.gov, there were more than 3,330 people killed in crashes involving a distracted driver in 2011, compared to 3,267 in 2010. An additional, 387,000 people were injured in motor vehicle crashes involving a distracted driver, compared to 416,000 injured in 2010.

Now, the NHTSA has issued voluntary guidelines to help make sure that unnecessary distractions are ousted from new vehicles. All of the devices that require a driver to take their hands off of the road to use for more than two seconds at a time and 12 seconds total fall under the guideline. This includes:

-Any kind of manual text entry.

-Any kind of video-based entertainment or communication devices.

-Any kind of display that requires you to look.

These recommendations come with the findings of a new study, The Impact of Hand-Held and Hands-Free Cell Phone Use on Driving Performance and Safety Critical Event Risk. Researchers were able to prove in this study that these kinds of tasks increase a driver's risk for an accident by nearly three times.

Unfortunately, there are a lot of drivers who think that they can do it all behind the wheel. They think they've been driving long enough to multitask. The truth of the matter is that our brains aren't designed to multitask. Where we think we can split our attention between tasks efficiently, the truth of the matter is that our brains are only shifting from one task to another. We can't have our full attention on two things at once. This means that our driving attention is going to fail while we're paying attention to electronic devices in our vehicle.

Regardless of whether these regulations are put in place, we have the ability to change. There's never a phone call or a text message that should be worth risking the lives of motorists -- including our own. Stay safe out there and keep your eyes on the road.

Southwest Florida Bicycle Safety in Focus this May

Mon, 06 May 2013 08:45:32 -0500

It's that time of year again, when we see bicyclists hitting the roads.

Dan Moser, with the Florida Bicycle Association, reminds residents and visitors to the Sunshine State that the May is National Bike Month. During this time, motorists and bicyclists are asked to refocus on safety.

According to BikeWalkLee, there are a number of events going on throughout safety awareness month, like Bike to School Day. The day offers a great opportunity to get your kids out of motor vehicles for some exercise. Take a ride with them prior to turning them loose on their own, to be sure they have the skills and knowledge they need to get there safely.

The Florida Department of Transportation (FDOT) is on board with the safety month, too. As part of FDOT's bike/ped safety campaign, "Alert Today, Alive Tomorrow", the agency is conducting a survey. You can help do your part by spending 3 minutes of your day to take this survey. It's important for FDOT’s campaign in making our streets safer for ALL users.

Our Sanibel bicycle accident lawyers understand that Florida is the most dangerous state in the entire country for these kinds of accidents. In 2011, there were close to 150 bicyclist fatalities recorded here in the Sunshine State, according to the most recent statistics from the National Highway Traffic Safety Administration (NHTSA). We saw more bicycle accidents during 2011 than any other state in the country.

If you're part of the island life, you know the importance and prevalence of biking for fitness and travel. It helps you to get to and from your destination, while enjoying the outdoors. That's why writers at the Island Reported/Islander and the Island Sun have teamed up to promote bicycle safety. And they're doing it though their regular series of "Cycling Safety Notes," or public service ads.

Through these ads, there are seven messages that help to make sure that safety is a top priority of cyclists. These ads include messages reminding cyclists to wear a helmet, stay on the right side of the road, warn before passing and to never ride while wear headphones."

The ads were first developed by the Sanibel Bicycle Club. They've been running regularly over the last year, and they just picked up steam with the new partnership.

So use the month of May to brush up on your bicycling skills. It only takes one wrong move to put yourself in a deadly situation. We can't always rely on the safe driving habits of motorists to keep us safe. Make sure you've got what it takes to stay safe out there, through the month of May and for every other month out of the year.

Florida Carnival Accidents a Summer Risk

Mon, 29 Apr 2013 10:32:21 -0500

The Modern Midways' Ring of Fire ride at the Lehigh Spring Festival proved anything but amusing.

After a recent accident, investigators were called to Veterans Park to see what went wrong. Five were injured, including a 12-year-old girl who suffered a cut above her cheek and eye. Witnesses report that they saw things flying off the ride, according to FOX4. When it came to a sudden halt, injured riders escaped to safety.

This isn't the first time that there has been a Modern Midways accident. This is the fifth investigation into the company within the last 5 years. Investigators with the Florida Department of Agriculture were sent to inspect one of the company's rides at a Gulf Coast Town Center back in January.

"We look to see if there's any structural, mechanical defects," said Allan Harrison, the bureau chief of the Bureau of Fair Rides.

Our Fort Myers personal injury attorneys understand that Florida carnival accidents are a serious threat through the summer months. Ride operators are required to inspect these rides each and every day to make sure they're safe for patrons. Unfortunately, these inspections aren't always completed properly. Now, investigators are trying to find out what happened. If they find any kind of deficiencies, the company could have $2,500 in fines for each violation.

In the U.S. roughly 500 million guests visit carnivals, festivals and fairs each year. According to the Outdoor Amusement Business Association (OABA), more than half of these people hop on mobile amusement rides. Are you one of them? If so, listen up!

According to the Consumer Product Safety Commission (CPSC), there were close to 20,000 amusement ride-related injuries in the U.S. in 2005. About 5 people are killed each year from mobile and fixed amusement ride injuries. Another 5 are killed from inflatable ride injuries.

According to the Fixed-Site Amusement Ride Injury Survey from 2010:

-Amusement park visitors take roughly 1.7 billion safe rides each year.

-The chance of being seriously injured on a ride at a fixed-site park in the U.S. is 1 in 24 million.

-Close to 60 of the more than 1,200 ride-related injuries, or about 5 percent, required some form of overnight hospital treatment.

Amusement rides regulated in the state of Florida fall into two major groups; temporary amusement rides and permanent facility amusement rides. Before amusement rides can operate in the state, owners/operators must have proof of appropriate insurance, an Affidavit of Compliance and Nondestructive Testing Document and pass an inspection conducted by state inspectors, according to the Division of Consumer Services with the Florida Department of Agriculture and Consumer Services.

BLS Sponsors Another Great Cape Coral Bike Night Season

Sat, 27 Apr 2013 09:19:54 -0500

Cape Coral's Bike Night 2012- 2013 just concluded with one final attempt to get drivers to pay a little more attention to motorcyclists out there on our Southwest Florida roadways.

This has been an epic season for the event as Cape Coral's Bike Nights have seen record attendance, according to the City of Cape Coral.

"These are great events where tens of thousands of residents find food and fun for the whole family," said Founding Attorney Bruce L. Scheiner. "Promoting motorcycle safety and awareness is a critical step in reducing the number of these tragic accidents through the winter riding season."

Our Cape Coral motorcycle accident lawyers understand that motorcycle accidents here in Florida pose a serious risk to our riding friends. We're actually the second most dangerous state in the country for these kinds of accidents, according to the National Highway Traffic Safety Administration (NHTSA).

Not only does this event help to raise awareness about these vulnerable motorists, but it helps to bring the community together, through a Slow Bike Race and through fundraising efforts for Breast Cancer.

If you caught this year's events, you saw the hundreds of motorcycles lined along SE 47th Terrace in Cape Coral. Bikes of all shapes and sizes came together for this event, from custom choppers to classic motorcycles -- everyone was there.

“The quality and diversity of bikes you see here for each Bike Night is amazing. You have to see some of them to believe it,” said Cape Coral Parks & Recreation Special Events Coordinator Todd King.

Attendees also enjoyed live music, with the headline spot taken by a Bon Jovi tribute band. We even got to see some of Cape Coral's firefighters and police officials strap on guitars, bang the drums and slide up to the microphone. This event usually attracts more than 10,000 people, so it's not just us who are advocating for these two-wheeled motorists.

With the last event of the season behind us, we're already gearing up for next year. But just because this season's events have ended, doesn't mean that we can throw out our concern for motorcyclists. It's important that we keep an eye out for bikers all year long. Our beautiful Florida weather allows them to enjoy our roadways year-round. Let's do our part and practice our responsible driving habits to help ensure that they're enjoying our roadways safely.

These motorists have the same rights to our roadways as you and I. Unfortunately, many drivers don't recognize them as legitimate motorists. They're oftentimes overlooked. Make sure you're checking twice for motorcyclists before making lane changes and before making turns. That second glance can wind up saving someone's life.

More Lee County Traffic Fatalities in 2013

Fri, 26 Apr 2013 10:03:47 -0500

The number of roadway fatalities in Lee County is thankfully slowing down (in recent weeks), but we're still seeing more fatalities recorded so far this year than last year. According to The News-Press, there were 10 people killed on Lee County roadways in the month of March. Already in April, we've seen one fatality. That brings our 2013 total to 34 traffic fatalities. There were 12 fatalities in January and 11 in February.

At this same time last year, Lee County saw 25 fatalities. In 2012, there were less than 70 traffic fatalities recorded here. Collier County isn't much better off as it's seen 11 fatalities already, compared to 12 during the same period last year. In 2012, Collier County saw 33 traffic fatalities.

Our Fort Myers car accident lawyers understand that Lee County was last ranked as the fifth most dangerous county in the state for traffic fatalities. We ranked behind Dade, Palm Beach County, Hillsborough County and Broward County.

Jay Anderson of Stay Alive Just Drive says that the number of these fatal accidents is starting to slow down, but we're still on pace to pass the 2012 total of fatalities.

“We are only four months in, and we have half the fatalities we had all of last year,” said Anderson.

Some of the top factors in these fatal accidents include distracted driving, speed and drunk diving. They're not accidents, they're caused by the irresponsible drivers.

Darla Letourneau of BikeWalkLee coalition says that she's concerned for the safety of cyclists. These factors are playing a huge role in the danger of bicycle accidents in Southwest Florida. Too many bicyclists are getting hit, injured and killed because drivers just aren't paying attention behind the wheel. Our area was seeing a decrease in the number of these kinds of accidents in recent years, but that is no longer. In just January and February, we've already seen 3 bicyclist fatalities and close to 10 pedestrian fatalities. And most of these accidents are the fault of the driver.

Officials with the Florida Department of Transportation (FDOT) don't keep traffic flow statistics for each month so it's hard to tell if it's the tourist traffic that's contributing to these accidents or if it's just the dangerous driving habits of too many motorists on the road.

Yes, we see accidents on congested roadways, but we also see them on roadways hardly traveled. We see multiple-car accidents and we see single-car accidents. Safe roadways start with you. Before it gets worse, we're asking drivers to take matter into their own hands and to make the changes to help protect everyone out there. Put the phones done, stay sober and pay attention. Those are three elements that can wind up saving a lot of lives.

New Florida Nursing Home Laws Would Make Suing Tougher

Tue, 23 Apr 2013 10:02:29 -0500

Two companion bills have been rapidly advancing in the Florida state legislature that would make it tougher for nursing home abuse victims to get adequate compensation for their suffering.

Our Fort Myers nursing home abuse lawyers know that while the Senate measure has been stripped of some of the most troubling language, both actions still pose a significant threat to the rights of nursing home residents and loved ones throughout the state.

Sponsors of the bills, SB 1384 and HB 869 expressly say that the intent is to make it more difficult to bring claims against nursing home care providers and tougher to win damages, even against those whose egregious actions result in significant suffering, injury or even death.

Originally, the Senate bill would have made it impossible for victims to sue the parent company of a nursing home, though that language was later stricken amid significant outcry.

Both proposals would require nursing home abuse claimants to endure a pre-trial evidentiary hearing before a judge, at which time they would have to proffer all evidence as the basis upon which they hope to seek punitive damages.

Punitive damages are those levied against a nursing home or corporation as punishment, as opposed to strictly compensation. As it stands already, 50 percent of all punitive damages in nursing home abuse and neglect cases are funneled into a state trust - meaning victims never see half of it anyway.

The judge at the pre-trial hearing would then determine whether the plaintiff had grounds upon which to seek punitive damages.

The way it works now is that there is already a pretrial hearing at which evidence is presented. However, the judge is not tasked with weighing the validity of those claims at that time. That is a choice that is later left to the jury - which is how it should be.

What these lawmakers are trying to do is make it that much more difficult for those who have been harmed to seek justice.

We find these measures appalling - and we're not alone. The AARP recently issued a strongly-worded statement, urging legislators to discard the bill.

A spokeswoman for the Florida Alliance for Retired Americans called the bill an extreme offense to Florida's elderly.

And the daughter of a woman who was brutally raped in a nursing home by a fellow resident testified before the Senate subcommittee that the process for winning a claim is already difficult enough. In fact, her family had been awarded $750,000 for the nursing home's lack of oversight. However, that amount was never paid.

Despite her testimony, the Senate Bill passed and has one more stop, the Rules Committee, before it hits the Senate floor. Meanwhile, HB 869 is in the Health Innovation Subcommittee.

We would urge every Floridian who might be affected by this to write to your state senator or representative to voice your opposition to these measures.

SWFL Construction Accidents a Spring and Summer Concern

Thu, 18 Apr 2013 09:02:44 -0500

Construction workers are in a lot of danger. Fall accidents are among the most common risks, according to the Occupational Safety and Health Administration (OHSA).

As a matter of fact, fall accidents are the number one cause of death in the construction industry. There were close to 300 fatal fall accidents in the U.S. in 2010. There were less than 775 fatal accidents in the industry altogether. The most important thing to remember is that these accidents are completely preventable.

Our Cape Coral construction accident lawyers understand that there are three simple ways that these accidents can be prevented -- Plan. Provide. Train.

Officials with OSHA have dedicated significant resources to help raise awareness among employees and employers about the risks that are associated with working on roofs, scaffolds and ladders. In addition to a website, employers are also provided with posters and informational resources to display on the work site. I number of these resources target workers who don't speak English very well.

Tips on Preventing Fall Accidents on Construction Sites:

-PLAN. You need to look at all aspects of the job to make sure you're doing it as safely as possible. When working from heights, make sure that all of the proper safety equipment is in place. Whenever you're providing an estimate for a job, you want to make sure that the costs of these safety measures are included.

-PROVIDE. You always want to have the right equipment, and your employer should provide it for you. If you're working six feet or more above the lower level, you're at serious risks for injury and even death in the event of a fall. You should have the proper fall protection. Remember that each piece of equipment has its place on the job site. Don't try to skimp out. Equipment is meant for specific tasks.

-TRAIN. Each worker is required to be properly and efficiently trained in the jobs they're performing. You can help to keep your workers safe by making sure that they understand their duties and how to use the fall protection equipment provided to them. Employers must train workers in hazard recognition and in the care and safe use of ladders, scaffolds, fall protection systems, and other equipment they're required to use.

It's time for us all to put to rest the attitude that "accidents happen" and take action to make sure deadly fall accidents don't happen.

As a worker in the U.S., you have a right to all of these preparations. You're to be properly trained in the jobs you'll be executing and you're required to have the proper safety equipment to make sure that these jobs can be executed safely. If you don't feel you're getting what is required, speak up. You have a right to do that, too. Just make sure safety is your number one priority.

Florida Drivers in Support of Text Message Ban, Survey Says

Wed, 17 Apr 2013 08:28:48 -0500

Florida lawmakers are still trying to ban text messaging behind the wheel, and according to a recent University of Florida survey -- Florida drivers are all for it.

According to The Alligator, about 95 percent of Floridians participating in the study say that they're in support of a ban on texting while driving. The recent study was conducted by the UF Bureau of Economic and Business Research and the Bob Graham Center for Public Service.

Only about 4 percent of correspondents voiced any opposition to this kind of law.

Our Naples car accident lawyers understand that both the Senate and the Florida House of Representatives are currently reviewing a bill that would do just that -- ban drivers from text messaging behind the wheel. If this legislation passes, law enforcement officials would be able to write a ticket to a driver that they find text messaging behind the wheel. The problem is that this bill would only make it a secondary offense, meaning that the driver would have to be pulled over for another offense first before they could be ticketed.

“Ninety-five percent support for a ban on texting while driving sends a clear message to legislators: ‘Floridians want this ban,’” wrote the author of the poll, Emma Humphries, assistant in citizenship at the Bob Graham Center for Public Service

The study was conducted by talking to residents on more than 370 landline phones in the state. The study allowed for a less than 5 percent margin of error. More than 60 percent of all homes in the state have a landline phone.

Safe driving advocates believe that Floridians support this ban because they know it has the ability to help save lives.

The truth of the matter is that these dangerous and distracting habits behind the wheel, such as cell phone and text messaging conversations, do nothing more than increase your risks for an accidents. Talking on a cell phone increases your risks for an accident by close to 5 percent. Text messaging behind the wheel raises your risks by close to 25 percent.

Each year, there are thousands who are killed in these unnecessary accidents. According to distraction.gov, there were more than 3,330 people who were killed in distracted driving car accidents in the U.S. in 2011. That's a number that has been steadily increasing in recent years. In addition to these fatalities, there were another 420,000 people who were injured.

As it sits now, Florida is one of the only states in the country that has yet to enact any kind of distracted driving law. That may be a very good reason as to why our roadways are some of the deadliest in the country.

There's never a good reason to engage in a cell phone behind the wheel. If it's that important -- pull over and deal with the messages or calls. It's a move that could save lives.