Florida Injury Lawyer Blog

Increased enforcement aims to reduce drunk driving accidents through the Labor Day weekend

Wed, 01 Sep 2010 09:42:22 -0500

Viewers will likely see a blitz of "Over the Limit. Under Arrest" television commercials this week and next. And motorists will see increased enforcement through the Labor Day weekend as authorities aim to reduce the threat of drunk driving accidents in Fort Myers and the surrounding area.

“Drunk driving is simply not worth the risk. Not only do you risk killing yourself or someone else, but also the trauma and financial costs of a crash or an arrest for impaired driving can be significant,” said FHP Director, Colonel John Czernis. “Violators often face jail time, the loss of their driver license, higher insurance rates, attorney fees, time away from work and dozens of other expenses. Do not take the chance. Remember, if you are over the limit, you can expect to be under arrest.”

For four decades, our Fort Myers accident attorneys have built a reputation for providing compassionate and aggressive representation to families dealing with the serious injury or death of a loved one in a drunk driving crash. Through our work with law enforcement at sobriety checkpoints and our support for Mothers Against Drunk Driving, Mobile Eyes and other safety efforts, we remain dedicated to fighting for the rights of clients whose lives have been changed by the senseless acts of a driver who has climbed behind the wheel after having too much to drink.

Mobile Eyes is a joint effort that includes MADD, the Lee County Sheriff's Office and Associates and Bruce L. Scheiner, Attorneys for the Injured. Any 911 caller who reports a drunk driver and acknowledges the Mobile Eyes campaign may be eligible for a $50 reward if the driver is stopped and arrested for DUI.

The National Highway Traffic Safety Administration reports that one-third of the nation's traffic fatalities involve a drunk driver -- resulting in the death of 11,773 motorists in 2008. Drunk drivers are responsible for 40 percent of fatal Florida car accidents -- accounting for 1,004 of 2,563 fatal accidents in 2009, according to the Florida Department of Highway Safety and Motor Vehicles.

The "Over the Limit. Under Arrest" campaign began Aug. 20 and runs through Sept. 6. The effort includes the Labor Day weekend, which starts Sept. 3 and has traditionally capped off the summer travel season. The Florida Highway Patrol will also be participating in Operation C.A.R.E. (Combined Accident Reduction Effort) during the holiday weekend, in conjunction with the state patrol organizations in all 50 states.

The patrol is also reminding motorists to buckle up -- primary seat belt enforcement will permit officers to stop motorists solely for committing a seat belt violation. Drivers also should remain alert for law enforcement along the roadside and must move over or slow down for stopped emergency vehicles with flashing lights.

Dogs can be cause of distracted driving car accidents in Fort Myers

Tue, 31 Aug 2010 10:17:40 -0500

Dogs might be man's best friend, but there is clear and convincing evidence that they are not a driver's best friend.

About two-thirds of dog owners surveyed by AAA said they routinely play with their dog while driving -- some go so far as to feed or water their pet while maneuvering through traffic. Our Fort Myers injury lawyers continue to report on the dangers of distracted driving, which is a leading cause of Fort Myers and Cape Coral car accidents.

The increasing popularity of dogs -- and particularly smaller lap dogs -- could be contributing to the dangers. The Humane Society of the United States reports there are 77.5 million dogs in the United States, or one dog for every four people. Dogs are in nearly half of U.S. households. A report by the Chicago Tribune suggests that more owners are keeping small dogs in their laps while driving and are allowing bigger dogs to roam free inside the vehicle.

"As about 40 percent of Americans own dogs, we see this as an increasingly big problem,'' said Beth Mosher, spokeswoman for AAA of Illinois, Indiana and Wisconsin.

An 80-pound dog exerts more than a ton of force in a 30 mph crash, creating an extreme hazard for anyone in its path. Dogs also often become territorial inside a wrecked vehicle, becoming protective of the owners and hindering the ability of emergency responders to provide medical attention. In some cases, law enforcement has been forced to shoot a dog so that rescue workers could assist an injured motorist.

More than 6,000 people are killed and 500,000 are injured each year in accidents caused by distracted driving, according to the National Highway Traffic Safety Administration. Other common forms of driving distraction include talking on the cell phone, eating, drinking, smoking, grooming, using in-car electronics or talking to passengers.

The survey of dog owners found that more than half have pet their dog while driving, 21 percent have held the dog in their lap, 7 percent have fed or watered their dog in the car and 5 percent have played with their dog while driving. Eighty percent of dog owners said they have taken their dog on car trips but only 17 percent said they have used a pet-restraint system.

Competition seeks input from teens about the dangers of distracted driving car accidents in South Florida

Sat, 28 Aug 2010 09:08:20 -0500

Young drivers are being asked to prepare and submit public service announcements about the dangers of text messaging and using a cell phone while driving. Authorities hope the messages by teenagers for teenagers will help reduce the dangers of distracted driving. As we continue to report, teenagers are at increased risk of car accidents in Cape Coral and Fort Myers.

The winning announcement will debut at National Two-Second Turnoff Day on Sept. 17 and will be featured at the U.S. Department of Transportation's second annual Distracted Driving Summit on Sept. 21 in Washington, D.C. The Two-Second Turnoff Day encourages teenagers to take two seconds to shut off their cell phones before getting behind the wheel -- about the same amount of time it takes a distracted driver to cause a serious or fatal accident.

As our Fort Myers accident attorneys recently reported on our Florida Injury Lawyer Blog, the Sunshine State is one of the few that does not have a law preventing teenagers from text messaging or using a cell phone while driving.

Car accidents are the leading cause of death for young drivers ages 15 to 20, according to the National Highway Traffic Safety Administration. Nationwide, an estimated 6,000 motorists are killed and 500,000 are injured in distracted driving accidents each year. Only speeding and drunk driving are responsible for more crashes.

Those interested in entering the contest can do so by clicking here.

“One in four teen drivers say they’ve texted behind the wheel, and that’s a trend we’ve got to confront head on,” said U.S. Transportation Secretary Ray LaHood. “This contest is an innovative and fun way to get teens involved in spreading the word about the importance of keeping their eyes on the road – and off their phones.”

Taking your eyes off the road for just two seconds, doubles your risk for a crash, according to the AAA Foundation for Traffic Safety.

“AAA is pleased to partner with the Department of Transportation and Seventeen magazine in a unique viral campaign that is certain to engage young people and encourage them to spread the word about how simple it is to prevent the dangerous practice of driving while distracted,” said AAA President and CEO Robert L. Darbelnet.

Senior driving safety an important issue in reducing risk of Fort Myers car accidents

Mon, 23 Aug 2010 10:38:41 -0500

South Florida is likely to be on the front lines in dealing with the huge increase in the number of senior drivers as the Baby Boomers hit the road to retirement.

Our Fort Myers accident attorneys frequently report on the dangers faced by teenage drivers. But the Washington Post reports that drivers over the age of 75 are the most at-risk drivers on the road. And those same drivers are twice as likely to say they plan to drive into their 90s than drivers ages 65 to 74.

Meanwhile, the Insurance Institute for Highway Safety reports the percentage of those over the age of 70 who remain licensed to drive has increased from 73 percent to 78 percent in the last decade. Today's 30 million senior drivers are expected to be joined by 78 million Baby Boomers who will begin hitting their 70s over the course of the next decade.

Talking to older adults about driving safety "is happening all across the United States in families up and down the streets every day," said Elinor Ginzler, a senior vice president of AARP. "It's a huge issue."

In 2008, drivers over the age of 65 were involved in 5,569 fatal accidents and more than 183,000 older drivers were injured, according to the National Highway Traffic Safety Administration.

The issue is compounded by the fact that Americans are living longer than ever, though many are dealing with debilitating illnesses, including heart disease, stroke, Alzheimer's, diabetes and dementia.

"In the old days, or even 20 years ago, people just did not live long enough for this to be a problem," said Elin Schold-Davis, head of the American Occupational Therapy Association's Older Driver Initiative. "People are living with a level of impairment that is unprecedented."

The NHTSA offers a wealth of safe driving information for older adults and their families. Topics include:

-Screening and evaluation
-Medication and older drivers
-Adapting motor vehicles for older drivers
-How to understand and influence older drivers
-Driving safely while aging gracefully
-Family and friends concerned about an older driver
-Safe driving for older adults
-Driving transition education

Cape Coral school crossing debate is senseless; improved safety reduces risk of pedestrian and bicycle accidents

Sat, 21 Aug 2010 09:57:08 -0500

As the school year begins, we encourage Cape Coral and county officials to act quickly in installing school zone lights at Trafalgar Parkway and Skyline Boulevard.

The Lee County School District reports that about 2,000 students attend Trafalgar elementary and Trafalgar middle school. Skyline Boulevard is one of the city's busiest. The News-Press reports local officials have given installation of school zone lights the go-ahead now that the price has dropped from $270,000 to $45,000.

We think it’s unfortunate that they were not installed long ago. Thousands of young children flood this area everyday and their safety should never be compromised by an attempt to keep costs down.

As school begins, please take extra care in watching for young children, either walking or riding their bicycles, as well as school buses that are loading or unloading passengers. Students are at increased risk of a Fort Myers bicycle accident or pedestrian accident, especially in the early morning or late afternoon when commutes can compete with the fringe of rush hour.

Last week we wrote on our Florida Injury Lawyer Blog that teenagers are at increased risk of a car accident as the school year begins. And that is true. But the truth of the matter is that all children are at significant risk of being involved in a traffic accident. The National Highway Traffic Safety Administration reports that traffic accidents are the leading cause of death for those ages 3 to 20.

Back to school means the law of averages simply is not on the side of a motorist. More than 80,000 students will flood one of the nation's 50-largest school districts. It's a safe bet that 79,900 would otherwise be in bed at 8 a.m. The coming weeks are among the most dangerous time of the year as students and motorists relearn the art of safe travel and coexistence.

Many accidents happen around school buses or crosswalks. Dangers include:

-Children are most likely to be hit while hurrying to get on the bus.

-Act before they think and have little experience with traffic.

-Assume motorists will see them and wait for them to cross.

-Don't always stay within a bus driver's site.

-Try to reach under a bus to pick something up.

We urge you to speak with your child about safe walking and cycling habits. The U.S Department of Health and Human Services provides excellent learning tools, including downloadable presentations.

You may also view the Kids Walk-to-School Brochure.

School year begins; use caution in avoiding school bus accidents in Fort Myers, Cape Coral, Port Charlotte

Fri, 20 Aug 2010 09:15:10 -0500

The U.S. Department of Transportation announced this week that all new motor coaches will be required to have seat belts to prevent ejection in the event of a rollover accident. That's good news unless your child rides a school bus -- existing buses and new school buses are exempt from the requirement.

The new school year brings increased risk of a school bus accident in Cape Coral, Fort Myers and Punta Gorda/Port Charlotte. Student fatalities are thankfully rare, though they do happen. Just this month in St. Louis a horrific accident involving two school buses and a semi killed two students and sent 50 to the hospital. An average of 19 students die in school bus accidents each year in the United States, according to the National Highway Traffic Safety Administration.

Injury accidents are much more common. At risk groups include student passengers and other motorists who are involved in an accident with a school bus, which carry the increased risks often associated with being in an accident with a semi or other large commercial vehicle.

State law requires drivers to stop for school buses with activated red flashing lights. For the busy motorist, it can be helpful to remember that these laws are aimed at preventing tragedy; certainly no driver wants to be responsible for hitting a child. Passing is not permitted until the red lights and signals have been turned off. The law applies to cars traveling in the same direction, as well as traffic moving in the opposite direction. Never pass a bus on the right side where children enter or exit.

The Florida Department of Highway Safety and Motor Vehicles does not distinguish between school bus accidents and accidents involving motor coaches or passenger buses. Last year, 2,163 crashes were reported. Twenty-three people were killed and 1,203 were injured.

As our children head back to school, we encourage you to speak with them about school bus safety. The following tips are provided by the NHTSA:

-Supervise children to make sure they get to the stop on time, are waiting away from the road and are avoiding rough play.

-Teach children to ask the driver for help if something is dropped near the school bus. Have a child use a backpack or book bag to keep loose items together.

-Make sure clothing and backpacks are free of long drawstrings or straps that can get caught on handrails or bus doors.

-Encourage safe loading and unloading.

-If you think your bus stop is dangerous, talk to school officials about taking corrective action before a child gets hurt.

Elderly residents are at high risk of fall injuries in South Florida nursing homes

Sat, 14 Aug 2010 16:19:43 -0500

The family of a woman who was killed in a Florida nursing home fall has been awarded $114 million -- a record verdict in Polk County, the Ledger reported.

The verdict has put the focus on the epidemic of nursing home falls in this country. The suit claims the home knew of the 76-year-old woman's risk of falling and failed to take preventive measures. The patient fell within two weeks of being admitted to the home. She never recovered from a traumatic head injury, broken arm and other injuries. She was malnourished, dehydrated and suffering from bed sores when family pulled her out of the home in May 2003. She died several months later.

We make the often difficult decision to place our loved ones in a nursing home because we do not feel qualified to provide the kind of professional care necessary to keep them safe from harm. The average annual cost of nursing home care is $50,000 and we expect professional care and the protection of whatever quality-of-life is left to an aging family member.

Yet the prevalence of nursing home falls shows that far too many homes are failing in the basic task of ensuring a resident's physical safety. The National Center for Injury Prevention and Control reports as many as 200 falls a year occur in the average 100-bed nursing home.

Facts about nursing home falls:

-About 1,800 nursing home residents die from falls each year.

-As many as three-quarters of nursing home residents fall each year.

-The average patients falls more than once. In fact, he or she falls 2.6 times per year.

Falls frequently lead to a decline in quality of life. Fear of falling, loss of function, depression, social isolation and increasing helplessness are common consequences of fall injuries.

Some argue that nursing home falls are common because of the failing health of residents. However, a closer look at the statistics reveals that only about one-fourth of falls are caused by a resident's diminished physical ability.

Common causes of nursing home falls:
-24 percent of falls are attributed to muscle weakness, walking or gait problems of the resident.

-Up to 27 percent are caused by avoidable environmental hazards, including wet floors, poor lighting, incorrect bed height and poorly fitted wheelchairs.

-Failure to properly administer medicine, especially sedatives and anti-anxiety drugs, are commonly blamed for nursing home falls.

-Other common causes are poorly fitted clothing and failure to provide proper walking aids and supervision.

Back to school puts emphasis on teen driving safety in South Florida

Fri, 13 Aug 2010 15:36:10 -0500

The Fort Myers injury attorneys and staff at Associates & Bruce L. Scheiner, Attorneys for the Injured, urge parents to speak with their children about the dangers of distracted driving as teenagers begin returning to school this week.

Car accidents are the leading cause of death for teenagers ages 15 to 20, according to the National Highway Traffic Safety Administration. And Florida ranked just "fair" by the Insurance Institute for Highway Safety when it comes to the training young drivers receive. Only 13 states did not earn the agency's top rating.

Regardless of the training a teen receives in the classroom, it is the involvement of parents who are willing to set clear rules that frequently makes the difference when it comes to keeping teens safe behind the wheel.

Florida is one of only a dozen states with no laws preventing teenagers from using cell phones or text messaging behind the wheel. A recent study published in USA Today found that the vast majority of teenagers understand the dangers of text messaging or using a cell phone while driving ... but they do it anyway. Nationwide, 6,000 people a year are killed by distracted driving and more than 500,000 are injured. Only speeding and drunk driving account for more fatal accidents on our roads.

U.S. Transportation Secretary Ray LaHood plans to increase the pressure on non-complying states like Florida during a national distracted driving summit planned for next month in Washington.

“Working together, we can put an end to the thousands of needless deaths and injuries caused by distracted driving each year,” said Secretary LaHood. “By getting the best minds together, I believe we can figure out how to get people to put down their phones and pay attention to the road.”

And the Florida Sheriff's Association reports that between 25 and 30 percent of teenagers will be involved in an accident within 12 months of getting their driver's license.

Frequent causes of teen accidents in South Florida include:

-Text messaging, talking on the phone, eating, drinking, grooming, using in-car electronics and talking to passengers are all leading causes of teen car accidents.

-Studies show allowing a teen to ride with a passenger significantly increases the risk for an accident; in fact, the majority of teenagers killed in car accidents are riding with teen drivers.

-Teens driving at night are four-times more likely to be involved in a serious or fatal crash.

Comprehensive teen driving safety information is available here.

Medical bills often a huge headache after a South Florida injury accident

Thu, 12 Aug 2010 14:53:40 -0500

The New York Times recently reported the case of a mother who was shocked to learn her son racked up a $5,398 emergency room bill for a cut chin after slipping and falling in the bathroom.

Medical bills in the wake of a serious injury accident can be astronomical. Errors are quite common and the added stress placed on a family can be almost too much to bear. Our Cape Coral injury lawyers and Fort Myers accident attorneys understand what it takes to cut through the red-tape. And to help ensure that you are receiving the care you need and deserve.

At Associates and Bruce L. Scheiner, Personal Injury Lawyers, we have a department dedicated to assisting clients with medical bills and insurance paperwork. We also work with clients to assist them in getting the necessary follow-up medical care.

Medical billing is often needlessly complex and over-billing is common in the wake of a serious or fatal car accident -- we've all heard the stories of $40 aspirin and $1,000 crutches. Insurance companies frequently ask grieving families to sign unfamiliar documents or other paperwork that can impact their ability to collect damages. Complicating the whole process is the fact that insurance payments and medical bills frequently pass each other in the mail.

The law requires most hospitals to treat all emergency room patients the same, regardless of whether or not they have insurance. To compensate, hospitals set gross charges very high and then negotiate lower costs with insurance companies.

What this means to the patient is that nobody pays retail billing prices for hospital services -- A $3,000 bill may be satisfied with a $500 insurance payment. Such billing practices are just another reason that having an experienced law firm on your side is critical to protecting your rights and the financial well-being of you and your family in the wake of a serious or fatal accident.

“People don’t realize that the prices on the bill are just a starting point,” said Dr. Jesse M. Pines, an associate professor of emergency medicine and health policy at the Center for Health Care Quality at George Washington University. “Prices listed on the bill often don’t represent what the insurer or the patient will ultimately pay.”

Unpaid medical bills are frequently turned over for collection, often before a victim has recovered from his or her injuries and managed to return to work. By dealing with the doctors, hospitals and insurance companies, our staff can help ensure that you are treated with the dignity and respect you deserve.

Florida permits faster heavier trucks - more semi accidents a certainty

Sat, 07 Aug 2010 11:29:02 -0500

Lawmakers ignored the wishes of motorists and safety advocates this summer in passing a law that permits some of the heaviest semis in the nation to roll down Florida highways.

Only Idaho, Maine, Washington and North Dakota permit heavier trucks. Nationwide, nearly every state limits the weight of a semi to 80,000 pounds. When Gov. Charlie Crist signed House Bill 1271 into law, he permitted Florida semis to add an additional 8,000 pounds to the maximum load.

Beginning July 1 semis are permitted to add the weight of two additional passenger cars to the average load, which already weighs as much as 20 passenger cars. And Florida's 70 mph speed limit for semis is already one of the highest in the nation. Is it any wonder that Florida is among the deadliest states in the nation for trucking accidents? The National Highway Traffic Safety Administration reports that 269 semis were involved in fatal Florida trucking accidents in 2008. Only California and Texas recorded a worse safety record.

Our Fort Myers accident attorneys are frequently called to represent motorists who have been injured or killed in accidents with semis or other large commercial vehicles. These trucks must obey specific safety regulations precisely because of the dangers they pose to the motoring public. Relaxing these standards is never a good idea, particularly in a state that already has one of the worst safety records in the nation.

Supporters of the change (trucking companies, naturally), claim it will make the system more efficient by reducing the number of trips required to deliver maximum roads. Reduced congestion, fuel consumption and emissions are also benefits.

Safety advocates argue more innocent motorists will be killed. Every year. Without a doubt.

Road Safe America, an organization that was founded by the parents of a child killed in a semi accident, reports that more wrecks are a certainty when 10 percent more weight is added without requiring additional axles, brakes or other controls.

"Floridians must ask themselves 'Who benefits from Governor Crist's raising the weight limit?'" declared Tom Hodgson, Executive Director of Road Safe America.

Semis already require about three-times more room to stop than a typical passenger car.

"The dangers of increasing tractor-trailer truck weights are well known - they are harder to stop, steer and more vulnerable to roll over during a crash," said Tom Guilmet, the Executive Director of the Florida Safety Council. "But, by far, the most compelling objection to heavier trucks is the fact that they will cause more deaths and injuries on our highways."

Fewer Lee County motorcycle accidents welcome news after decade of rising crash rates

Fri, 06 Aug 2010 10:43:41 -0500

Our Fort Myers motorcycle accident lawyers welcome the news that the number of Florida motorcycle accidents decreased last year, after increasing each year for more than a decade.

The Florida Department of Highway Safety and Motor Vehicles reports the number of fatal accidents plunged 25 percent, from 532 in 2008 to 402 last year. The total number of crashes and the number of riders injured also decreased.

That's welcome news after a decade in which the number of riders killed on Florida roads each year nearly doubled, from 5,075 in 2000 to 9,618 in 2008. Still, motorcycle accidents accounted for 1 in every 6 fatal accidents on Florida roads during 2009. And thousands of riders were seriously injured in Florida motorcycle accidents.

For four decades, our Fort Myers injury lawyers have been fighting for the rights of riders who have been seriously injured or killed in motorcycle accidents across South Florida, including Naples, Cape Coral, Port Charlotte, and Lehigh Acres. Ask a rider, they'll tell you to call Associates and Bruce L. Scheiner, Personal Injury Lawyers.

Last year, 402 riders were killed and 7,435 were injured in more than 8,000 Florida motorcycle accidents. Fourteen motorcyclists were killed in Lee County last year. Broward (23), Duval (18), Hillsborough (27), Miami-Dade (45), Orange (25), Palm Beach (18), Pinellas (24) and Volusia (22) counties reported more fatal motorcycle accidents.

2009 motorcycle fatalities
Lee:14
Charlotte: 4
Collier: 3

2009 motorcycle injuries
Lee: 172
Charlotte: 78
Collier: 74

Nationwide, more than half of all motorcycle accidents are the fault of a motorist who fails to yield the right-of-way or otherwise causes a serious or fatal accident. For rider safety information, visit our website dedicated to Florida bikers.

Cape Coral among the most dangerous areas in Florida for drunk driving accidents

Thu, 05 Aug 2010 10:05:16 -0500

A recent report in the Fort Myers News-Press revealed that Cape Coral has the third-highest rate of drunk driving accidents of any major city in Florida.

The news comes as the Florida Department of Highway Safety and Motor Vehicles releases accident data for 2009. The statistics show a record drop in the number of fatal car accidents, from 2,983 in 2008 to 2,563 in 2009. However, our Cape Coral car accident attorneys expect Florida to rank as one of the most dangerous states in the nation for all types of traffic accidents when the federal government releases statistics in the coming weeks.

Historically, Florida has joined California and Texas in reporting the highest number of car accidents, drunk driving accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, trucking accidents and boating accidents.

Drunk driving accidents are among the most tragic cases we handle. Too often, an innocent motorist, or an innocent family, is seriously injured or killed by the senseless act of a driver who climbed behind the wheel after having too much to drink.

The new statistics show that 109 Cape Coral drunk driving accidents were reported last year. Only Coral Springs and Palm Bay reported a higher rate of drunk driving accidents.

Cape Coral ranks 17th with a total of 1,062 crashes reported -- the only area city in the top 20. The number of Lee County car accidents blamed on drunk driving has declined in recent years, from 715 in 2007, to 685 in 2008 to 617 last year.

More than one-third of the state's fatal accidents are blamed on drunk driving, 1, 004 of 2,563.

Some smaller area cities have even higher rates of drunk driving accidents:

-Fort Myers: 7.3 percent

-Bonita Springs: 20.1 percent

-Fort Myers Beach: 36.96 percent

-Sanibel: 5.71 percent

-LaBelle: 27.08 percent

-Lehigh Acres: 16 percent

-North Fort Myers: 10.91 percent

-Punta Gorda: 12.17 percent

-Immokalee: 12.12 percent

Poetic Justice – What Do Motorcycle Safety, The New York Times and Vehicle Accident Research Geeks Have in Common?

Mon, 14 Jun 2010 20:33:39 -0500

Well as it turns out, plenty.

Curbing a Trend
Here at the Florida Injury Lawyer Blog we are committed to informing our community across Florida on all types of motor vehicle safety. So when we learned recently that a New York Times writer and his staff were awarded the 2010 Pulitzer Prize for their “incisive work, in print and online, on the hazardous use of cell phones, computers and other devices while operating cars and trucks” we thought our readers should know. The Pulitzer win also noted the impact this safety reporting has had on the driving public, "stimulating widespread efforts to curb distracted driving."

Data Counts
And where did the NYT reporters get some of their research data for this award-winning journalism? In part, from the researchers at the Virginia Tech Transportation Institute (VTTI) whom we suspect would be proud to be named "research geeks" -- not only because VTTI is responsible for gathering much of the data for a front-page story that was central to the Pulitzer Prize win, but because they too are largely responsible for providing the facts that have supported a growing national movement.

In a groundbreaking study last year, the VTTI gave the public a very big safety gift. They told us, using data with which we could not argue, that texting while driving can kill.

From DC to Hollywood
And as the Florida Injury Lawyer Blog has previously posted, this issue is front and center for so many Americans from Transportation Secretary Ray LaHood who heads our Department of Transportation, to Oprah Winfrey who heads up a vast media empire. Ms. Winfrey has teamed-up with the DOT on this issue and has created a major "No Phone Zone" campaign getting celebrities to sign the pledge publicly on camera. Together they fight distracted driving with the rest of us.

Motorcycle Safety, Naturally
So what does all of this have to do with motorcycle safety? Now the VTTI has taken on a new study, considered to be the first of its kind in the world, on motorcycle safety. In this new study, VTTI will apply the same research techniques they applied to the Pulitzer Prize-related research on trucker distraction while driving. It’s called “naturalistic” and it is very important to vehicle manufacturers and the driving public. It is also apparently important to journalists who win Pulitzer Prizes.

In our next post, we will tell you more about what the VTTI motorcycle safety study intends to do and who is partnering with them to get it done. Please stay tuned for more on motorcycle safety research.

Related Web Resources

For more information on motor cycle safety and related information, please visit flbikers.com.

Boating Safely

Tue, 13 Apr 2010 09:24:30 -0500

It’s prime boating season in Florida and its no wonder - the weather is perfect. Most of the boating accidents that happen in our state occur during the months of March, April and May when residents and tourists are enjoying our coastline and inland waters.

While cruising in a motorboat is a great recreational activity, it’s not without hazards. Did you know that the state of Florida was first in the nation for boating accidents in 2008? The US Coast Guard’s report on recreational boating shows that Florida had 616 reported accidents causing over $22.7 million in property damage during 2008 alone. In Southwest Florida’s three counties, Collier county ranked number 6 in the state for the highest number of accidents, Lee county ranked 9th and Charlotte county ranked 19th. Most of these accidents happened in broad daylight during afternoon hours and were caused most often by operator inattention to surroundings and other vessels.

So what can you do to be safer in the water?
First and foremost, be aware of your surroundings and attentive to vessels nearby, both moving and anchored. Realize that when the engine is off, a boat will drift with the current and could move into a potentially dangerous situation.

Operate the boat properly with all passengers seated and cruising at or below posted speeds. Review and have on hand the safety equipment required by the U.S. Coast Guard including:
• Life jackets in the proper size for every passenger
• Navigation lights
• Fire extinguisher
• Ventilation system
• Backfire flame control device
• Muffler
• Distress signals
• Sound devices
• Diver down flag if diving from the vessel
• Operable marine sanitation device if a toilet is installed
• State registration numbers

Larger vessels will have additional requirements. Check with the U.S. Coast Guard regarding requirements for your boat.

Boat sober. Boating under the influence (BUI) is against the law. “While our many miles of wide-open, sparkling local waters may lull boaters into the belief that nothing can go wrong, the fastest way to end a beautiful day on the water is to operate your vessel under the influence of alcohol,” says P.J. Scheiner, attorney with Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. In fact, the US Coast Guard reported that Florida was second only to California for the highest number of boating accidents, boating injuries and boating fatalities caused by alcohol use in 2008.

The Florida Fish and Wildlife Conservation Commission website states, “A vessel operator suspected of boating under the influence must submit to a sobriety test and physical or chemical test to determine blood- or breath-alcohol content.”

Even though it’s only required of operators under age 21, boating safety classes are a good idea for all operators on the water. The safety course will teach the operator about navigation using charts, markers and buoys; programming and using a GPS device; required safety equipment; and recognizing different weather conditions. Boating safety courses are offered by the US Coast Guard Auxiliary and the US Power Squadron. The Power Squadron also offers free, confidential safety inspections of recreational boats to make sure your equipment is in proper working order. There are eight different Power Squadron branches throughout Southwest Florida, visit www.usps.org for a list. Keep in mind that law enforcement can stop any vessel for the purpose of checking compliance with safety and equipment regulations. Knowing what’s required can keep you on the water and having fun.

Blinded by Distraction: Paying Attention Crucial for Pedestrians, Too

Wed, 03 Mar 2010 11:21:47 -0500

Much has been written and reported about the dangers associated with distracted driving. Studies have shown that driving while talking on your cell phone, texting, sending emails or adjusting your MP3 player, among other new-age distractions, can be as deadly as driving while under the influence of alcohol or drugs. But while the focus of most information about this dangerous habit has been largely on those behind the wheel of a car, many may not know that a distracted pedestrian can also cause a tragic car crash.

Research has discovered that many people are unaware of their surroundings while simultaneously walking and using their phone or listening to music. Experiments undertaken by Western Washington University studied groups of pedestrians, and grouped them according to whether they were alone or with other people, were on their cell phone, sending a text message, listening to music through their earphones or simply walking without any electronic devices. The research project found that people who were using cell phones were more likely to walk at a slower pace, change directions more frequently and were less likely to acknowledge others than did those walking while not on their phones. To further test the attentiveness of pedestrians, the researchers added a distracting visual element to the mix – a clown on a unicycle – in order to gauge how many walkers recollected noticing it. Not surprisingly, they found that cell phone users were less likely to have noticed the somewhat unusual activity.

The term for this phenomenon is inattentional blindness, also known as perceptual blindness. While the Western Washington University study was one of the most recent, it was not the first – others have been done by Harvard University, in conjunction with researchers at the University of Illinois – Champagne Urbana. The phrase was first coined in 1992 by Arien Mack, a psychologist at the New School for Social Research, and Irvin Rock of the Department of Psychology at the University of California, Berkeley. The studies typically ask a group of subjects to watch a video or look at a computer screen showing an activity they are asked to follow closely, and afterwards report on what they have seen. In some versions, an intentionally distracting element is added, such as a person in a gorilla suit. Researchers have found that up to 50% of subjects are so focused on watching for what they are told to look for, that they report no recollection of seeing the gorilla suit.

Of course, what all this research means to the man on the street – literally, in this case – is that pedestrians who aren’t paying attention as they walk are in danger of becoming an accident statistic, risking serious injury or even death.

“We’ve all seen people who step out in front of a moving vehicle, oblivious to their surroundings,” says P.J. Scheiner, attorney with Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “These potentially dangerous occurrences can happen in a parking lot, on a sidewalk or any scenario where people and cars are in close proximity.” Florida personal injury lawyers caution you to remain focused while walking near vehicular traffic, and reduce your risk of injury by refraining from the use of distracting electronic devices that may take your attention away from your intended path.

Since 1971, Associates and Bruce L. Scheiner, Personal Injury Lawyers has made it its mission to fight for justice on behalf of those injured due to the negligence of another. If you have suffered an injury involving a vehicle vs. pedestrian accident, we welcome the opportunity to evaluate your circumstances through a no obligation consultation. If we handle your case and fight for your legal rights, you will pay us nothing unless we win. For details, call 1-800-Dial-BLS, or visit www.focusedonjustice.com

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