Embrace #SaturationSaturday
#SaturationSaturday
As part of ongoing support of Mothers Against Drunk Driving and DUI prevention, Goldstein, Buckley, Cechman, Rice & Purtz was honored to provide the briefing dinner for #SaturationSaturday Aug. 24, an event organized by MADD Southwest Florida that included the Cape Coral Police Department, Lee County Sheriff’s Office, Florida Highway Patrol, Fort Myers Police Department and the Sanibel Police Department.
The operation was a saturation patrol, focusing on identifying and taking impaired drivers off the road as well as targeting areas with traffic issues that cause crashes.
#SaturationSaturday on Aug. 24 resulted in statewide DUI prevention activities by more than 60 law enforcement agencies. Launched by MADD, the first Saturation Saturday was held in Missouri in 2016 as a night of increased law enforcement patrols and sobriety checkpoints designed to reduce incidents of drunk or drugged driving. It coincides with the National Highway Traffic Safety Administration’s (NHTSA) Drive Sober or Get Pulled Over campaign, which runs from Aug. 14 through Sept. 2.
One of the cornerstones of MADD’s Campaign to Eliminate Drunk Driving is increased, high-visibility law enforcement to both catch drunk drivers and to deter others by sending a strong message that if you drive drunk, you will get caught.
In addition to supporting sobriety checkpoints throughout the year, the firm is presenting sponsor for Mothers Against Drunk Driving’s Walk Like MADD 5K walk and run that raises money to ensure no one in our community suffers from the impacts of impaired drivers.
Walk like MADD will be at JetBlue Park at Fenway South Sept. 28. CLICK HERE for information or to sign up to participate.
Driving with Children
Driving with Children
Driving with children can be a difficult task. In addition to regular parenting duties, drivers must also worry about the roadways, distractions and car safety. Consumer Reports has identified 6 tips for driving with children in the car.
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- Buckle Up – Half of teenagers who died in car accidents weren’t wearing a seat belt. Seat belts have shown to have saved over 300,000 lives over the last 50 years.
- Know their place – Children under 12 years of age should always ride in the backseat. Additionally, small children should be secured in an approved child seat.
- Secure Gear – Any objects in the car can become projectiles in the event of an accident or harsh breaking. All object should be secure, heavy objects should be on the floor, and children should be buckled up.
- Use the Proper Car Seat – More often than not car seats are improperly installed. A local car seat technician can take a look if you are unsure if it is safe for driving with children.
- Don’t Text and Drive – Not only is texting and driving unsafe for everyone on the roads, it will teach your children bad habits.
- Never Leave Children Unattended – Children can suffer a heatstroke in a hot car. Additionally, children should not play around cars because drivers can suddenly back up and strike a child.
- Driving or traveling with children presents additional risks, however the above tips will help increase your odds of driving safely with children. Accidents happen every day however and it is important to know who to call in the event that you and your family are involved in a car accident due to another driver’s negligence.
Who to Call When Driving with Children
The attorneys at Goldstein, Buckley, Cechman, Rice, and Purtz have over 50 years experience in personal injury law. Our 6 offices located in Southwest Florida are conveniently located in Fort Myers (2 offices), Cape Coral, Naples, Lehigh Acres, and Port Charlotte. Call us today to schedule a free consultation.
Pedestrian Accidents
Pedestrian Accidents Involving Cars in Southwest Florida
With each new year, millions of Americans will be taking to the road, not by means of a vehicle, but as pedestrians. Every year, Americans make New Year’s Resolutions. One of the most popular resolutions for many is to be more active and to get in shape. With the beautiful weather and mild winters in Southwest Florida, many Floridians and “Snow-Birds” will take to the road on their venture to better health. While walking, jogging or running may seem like a great, safe way to get active, there are some safety precautions to take when strolling along the roads in your community to avoid pedestrian accidents.
According to the National Highway Traffic Safety Administration (NHTSA), in 2015, 5,376 pedestrians were killed in traffic crashes in the United States and nearly 129,000 pedestrians were treated in emergency room departments for non-fatal crash related injuries.
While drivers carry a responsibility to pay attention to all of their surroundings while on the road, pedestrians equally share this responsibility while crossing the roads or walking on sidewalks.
Laws for Pedestrians Sharing the Road with Vehicles
Drivers of vehicles are not the only ones who have laws to follow, there are laws for pedestrians as well. Some of these laws include:
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- Pedestrians must walk on the sidewalk, not the road when one is provided.
- Pedestrians must obey all traffic signals just like vehicle operators and only cross when the pedestrian light is green, provided they still look to make sure traffic has stopped.
- Pedestrians have the right of way on marked crosswalks but must still look to ensure that the road is safe to cross.
- Pedestrians may not stand on roadways paved for vehicle traffic to solicit employment, business or ride. These are just a few of the laws for pedestrians. Learn more about Pedestrian Laws
Preventing Pedestrian Accidents Injuries
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- Always walk on the sidewalk or a path. If a sidewalk is not available, then walk on the shoulder of the road facing the traffic.
- Always cross the street at designated crosswalks.
- If walking early in the morning or late in the evening, wear bright reflective clothing and carry a flashlight to increase your visibility when it gets dark.
- If your local park or recreation area has walking paths, take advantage of those areas for your daily walks and avoid venturing out near the roads and traffic altogether.
If You Are Hit by a Car While Walking or on Your Bicycle
If you or someone you know has been hit by a car as a pedestrian, it is important to seek advice from an attorney experienced in pedestrian accidents. Selecting an experienced attorney can help you receive the compensation you deserve. The attorneys at Goldstein, Buckley, Cechman, Rice & Purtz have been helping clients for over 50 years. We provide a free consultation to discuss your case and determine what can be done to protect your rights. Call today to schedule your appointment.
Uber and Lyft Accidents
Personal Injury Resulting from Lyft or Uber Accidents in Florida
Throughout the year, many Americans depend on ride-sharing companies, like Uber and Lyft, to provide them a safe ride home. This has brought a marked rise in Lyft and Uber accidents in Southwest Florida. Since hailing a taxi cab has become a thing of the past, most people turn to their cellular devices and tap on apps. Uber and Lyft are ride sharing or ride-hailing services which have been offering transportation services to billions of people in the U.S. and worldwide.
Uber Statistics
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- Uber has 40 million monthly active riders (TechCrunch)
- Uber hit 2 billion rides in June 2016 (The Verge)
- Uber is in over 450 cities globally (Uber Newsroom)
- Uber is the most used taxi app in 108 countries (Advertising Age)
Lyft Statistics
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- Lyft has over 3 million active monthly riders (TechCrunch)
- Lyft is in over 300 cities globally (Lyft)
- 74% of Lyft riders also use Uber (The Verge)
Complications of Florida Uber Accidents or Lyft Accidents
Accidents which involve ride sharing or ride hailing companies can be legally complicated. Finding which insurance company will be responsible can be quite challenging. Does the driver of the ride sharing company have the proper insurance? Do Uber or Lyft bear responsibility for the action of their drivers? What happens if the Uber or Lyft driver were not at fault? When accidents involving ride sharing or ride hailing companies occur contacting an attorney can help you sort out the dilemma with the insurance companies.
Who To Contact If You’re in an Accident While Using Uber or Lyft
If you are a victim of a personal injury accident involving companies such as Uber or Lyft, the attorneys at Goldstein, Buckley, Cechman, Rice and Purtz can assist you. We can help untangle the insurance coverage situation to allow you time to focus on your recovery from the crash. Our team of experts have over 5 decades of experience in personal injury cases. Consultations are free. Call today to schedule your appointment. Justice Starts Now.
Boating Accidents
Boating Accidents from Boating Under the Influence (BUI)
Boating accidents are common. Florida’s subtropical climate in the north and tropical climate in the south make it home to many boat enthusiasts. With ideal boating weather and water located on 3 sides and throughout the state, boaters can enjoy the luxury of year-round boating. Unfortunately, boating is oftentimes enjoyed with alcoholic beverages on hand. It is important that boaters be aware of the laws and dangers pertaining to Boating Under the Influence (BUI).
Dangers of Boating Under the Influence
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- A person boating under the influence is 10 times more likely to die than a sober boat operator (See Boating DUI Law below for Limits)
- 34% of fatal boat accidents are alcohol-related
- External conditions (motion, vibration, noise, sun, wind, spray) intensify alcohol affects
- Motor skills such as those used to drive a car (coordination, reaction time, judgement etc.) become diminished
Boating DUI Law
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- Illegal to operate Vessel while under the influence of drugs or alcohol
- Breath alcohol level of .08 or higher presumed under the influence (over 21 years old)
- Under 21 years old – .02 alcohol level or above is a violation of Florida Law
BUI Penalties
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- BUI Penalties can include but are not limited to:
- Suspension or Revocation of Driver’s License
- Fines
- Jail
- Probation
Who to Call
If you or someone you know are involved in a BUI or BUI accident it is important to seek experienced legal counsel. The attorneys at Goldstein, Buckley, Cechman, Rice, and Purtz, have over 50 years experience in dealing with boating accidents due to a boat operator boating under the influence of alcohol, and other boating accident related offenses. Contact us today for a free consultation.
Do Not Ruin July 4 By Drinking and Driving
Do not ruin July 4 by drinking and driving! A rise in alcohol sales during lockdown and the pandemic could make July this year even deadlier for driving. During July, with July 4th being a key factor, more people die in drunk driving crashes than any other month, according to the National Highway Traffic Safety Administration.
Early May represented the strongest growth rate for alcohol sales since the “peak pantry-loading week” in late March, according to figures from market research firm Nielsen, which noted alcoholic beverage sales were up 55% as of the week of March 15-22 across the country. Spirit sales were up, too, and have soared to 75%, while beer sales saw a 66% jump and wine sales spiked to 42% when compared to this time last year.
Mothers Against Drunk Drivers (MADD) notes drunk driving is still the number one cause of death on our roadways. Every two minutes, someone is injured in a drunk driving crash, and every 51 minutes, someone is killed, with drunk driving impacting two out of three people in their lifetime. Do not ruin July 4 by drinking and driving.
This is despite efforts to curtail drunk driving since 1980, when MADD was started by one mom whose daughter was killed by a drunk driver at her kitchen table. While the number of drunk driving fatalities has been cut in half since then, alcohol-related deaths remain the third leading preventable cause of death in the United States.
Do Not Ruin July 4 By Drinking and Driving
For the third year, Goldstein, Buckley, Cechman, Rice & Purtz will be a presenting sponsor for Mothers Against Drunk Driving’s Walk Like MADD 5K that raises money to fund free victim support and drunk driving prevention programs in Southwest Florida.
This year’s Walk Like MADD Saturday, Sept. 26 will be virtual. Although virtual, the event will still offer amazing food (via coupons), finisher medals, 5K place medals and, in place of an event shirt, a custom neck gaiter. For information on supporting or joining the walk, click here.
Walk Like MADD provides an outlet for those affected by drunk and drugged driving to channel their grief into hope and healing and gives communities the chance to surround and support those hurting by taking action to prevent others from suffering. MADD believes that drunk and drugged incidents are not accidents because they are the result of choice, not chance.
Consider these statistics, provided by State Farm insurance – motivation so that you do not ruin July 4 by drinking and driving!
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- Always choose a non-drinking designated driver — every time you go out.
- If you go out alone, do not drink alcohol. Order a non-alcoholic beverage such as a soft drink or water.
- Never feel pressured to drink alcohol. If you do plan on drinking, do so responsibly. Eat plenty of food and drink water.
- If you have been drinking, call a taxi or car-sharing service for a ride, like Uber or Lyft.
- Never get in a car with a driver who has been drinking.
- Protect others by taking their keys if they try to drive after consuming alcohol. They may be mad at you, but the alternative is much worse.
- Be careful on the road. Pull over and report drivers you suspect to be under the influence by calling 9-1-1.
I have been been a team leader for Walk Like MADD and was named after a family member who was killed by a drunk driver. If you or someone you know has suffered injuries due to drunk driving, it is important to seek legal help. Our attorneys have over five decades of experience with personal injury cases.
Car Accidents on Private Property
Florida Car Accidents on Private Property
Driving on private property happens more frequently than most people may realize. Most of the time that you park your car in a grocery store parking lot, you are on private property. In Florida, many neighborhoods have private roads. According to the Florida Highway Safety Car Accidents Crash Facts Report 15% of all accidents that involve property damage happen on private property. These car accidents can be more serious. On June 22nd, 2017 a woman was killed in an Englewood, Florida, parking lot after a car backed into her.
Who is at fault in private property car accidents?
Some people don’t realize that rules that apply to public property may not be the same on private property. In some cases, it may be difficult to get a police report for a car accident on private property. Even with a police report, the at-fault party may not be clearly established. In many of these cases getting crucial evidence from a property owner can be a challenge.
Southwest Florida Property Owner Liability
Improperly maintained private property may shift liability to the owner of the property. The following are examples of neglect on the part of a property owner.
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- Missing stop signs
- Blind spots due to overgrown foliage or other conditions causing line of sight issues
- Missing direction signs
- Poorly maintained driving surface
Liability may belong partially or entirely to the property owner. Property owner liability can create an extra wrinkle when determining the at-fault party in a private property car accident.
Who to call if you’re the victim of a car accident on private property
As the victim of a car accident on private ,property it is important to seek legal representation. Knowing your rights can help begin the recovery process. We have six offices in Southwest Florida. Our offices are conveniently located in Fort Myers (two offices to serve you), Cape Coral, Naples, Lehigh Acres and Port Charlotte. Call Goldstein, Buckley, Cechman, Rice & Purtz today to schedule your appointment for a free consultation.
Fourth of July Drunk Driving Accidents
Fourth of July drunk driving accidents – and their statistics – are a powerful motivator. As you make your plans for the upcoming 4th of July holiday celebrations, make sure that your plans include a safe ride home, especially if your plans include consuming alcoholic beverages.
When celebrating Independence Day many Americans enjoy celebrating the occasion with fireworks, barbeques and alcoholic drinks. Though this may sound like a fun, exciting gathering, it can turn into a life-altering day for you or others if Fourth of July drunk driving accidents should occur.
The Fourth of July ranks high on the list for the deadliest holiday weekends. According to the U.S. Department of Transportation Traffic Safety, during the 2015 Fourth of July holiday, which is considered to be from 6 p.m. July 2 to 5:59 a.m. July 6, there were 146 fatalities from crashes involving at least one impaired driver with a blood alcohol concentration, or BAC of .08 or higher. During this same time frame, 92 people died in vehicle accidents which involved an impaired driver with a BAC of .15 or higher which is nearly twice the legal limit.
Impaired driving can have very serious ramifications for those involved. While no one plans for an accident to happen, car crashes do occur. Being a responsible citizen and planning ahead can help to prevent some accidents due to drunk driving.
Prevent Fourth of July Drunk Driving Accidents on Southwest Florida Roads
Careful planning can help to prevent drunk driving fatalities. Some things to remember when planning your holiday celebration:
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- Make sure that everyone has made arrangements for a safe way home if they are planning to consume alcohol.
- Have a relative or friend pledge to be the designated driver for the evening.
- Before drinking make sure your designated driver will stay sober and give them your keys.
- Call a taxi or other ride share programs such as Uber of Lyft.
- If you are the designated driver, don’t text and drive, stay alert and abide by the speed limits.
- Buckle up and make sure all occupants in the vehicle are using safety restraints.
- If you encounter a drunk driver do not attempt to stop them, keep your distance and don’t hesitate to contact local law enforcement.
Contact Our Experienced Staff to Help You with DUI Questions
If you have been involved in Fourth of July drunk driving accidents, contact the attorneys at Goldstein, Buckley, Cechman, Rice and Purtz. There are many factors involved in a DUI case and our attorneys have extensive knowledge with these types of cases. We have six offices in Southwest Florida. Our offices are conveniently located in Fort Myers (two offices to serve you), Cape Coral, Naples, Lehigh and Port Charlotte. Call us today to schedule your appointment for a free consultation.
ATV Accidents
Recreational Vehicle and ATV Accidents in Southwest Florida
In Florida, residents are fortunate enough to be able to enjoy the great outdoors year-round. Many Floridians choose to spend their free time riding All-Terrain Vehicles (ATV) for pleasure. According to the Consumer Protection Safety Commission (CPSC), Florida had the 6th highest number of fatalities involving ATV accidents. We would like to help educate you on how to avoid this type of tragedy. If you are involved in an ATV accident, we are here to help.
There Are Many Factors That Contribute to ATV Accidents
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- Age of operator
- Type of ATV
- Speed of ATV
- Terrain
- Intoxication
- Helmets
- Passengers
Age of Operator and Type of ATV
The age of the operator and the type of ATV play a crucial role in many ATV accidents. Most of the ATVs you see today are 4-wheel, these are considered safer than 3 wheel ATVs. All ATVs are designed for specific age groups. When children operate an adult ATV they will have trouble controlling the ATV as well as face the added danger of riding on a faster and larger machine. Youth ATVs also have additional safety features to help keep children safe. These include smaller handlebars, larger brakes, and mirrors, and some include remote safety switches that an adult can operate.
Dangerous Speeds of ATV aka All Terrain Vehicles
ATVs are generally considered safer than a motorcycle when used at a low speed. However, like a motorcycle, an ATV provides little protection when involved in an accident. Rollover accidents involving ATVs can be especially dangerous, with many of these types of accidents involving serious injury or death. On steep or hilly terrain an ATV can be dangerous at any speed. This is due to the increased likelihood of a rollover accident. According to Consumer Affairs, people are using ATVs at high speed on paved roads, this is helping to contribute to a 10% increase in fatalities.
Intoxication, Helmets, and Passengers Regarding ATV Safety and Accidents
There are three things you should never do when operating an ATV. Never consume alcohol when operating an ATV. Alcohol will impair your judgment and increase your likelihood to be in an accident. Never ride without a helmet. Safety gear can help reduce the seriousness of injuries sustained during an ATV accident. Never operate an ATV with a passenger. It is not safe, ATVs require the operator to shift their weight during operation. Having a passenger will reduce your ability to safely operate an ATV.
We Are Here To Help If You Are in ATV Accidents in Southwest Florida
With certain ATV accidents, there is the potential liability of the operator (if you are a passenger), another ATV operator if you are riding with one or more additional ATVs, or liability of the manufacturer for negligent design. The attorneys at Goldstein, Buckley, Cechman, Rice & Purtz have over 5 decades of experience with personal injury cases. We have six offices located in Southwest Florida. Our offices are conveniently located in Fort Myers (two offices to serve you), Cape Coral, Naples, Lehigh, and Port Charlotte. Call us today to set up your appointment for a free consultation. Justice Starts Now.
May Is Motorcycle Safety Awareness Month
May is Motorcycle Safety Awareness Month. Despite efforts every year to increase awareness of motorcycle and bicycle safety, there’s no getting around that accidents happen. More cars, more people and more distractions guarantee it.
The combination of great motorcycle weather and distracted or inattentive drivers of motor vehicles in Florida is deadly. Nearly 600 motorcycle riders are killed on Florida roads each year, according to the Insurance Institute of Highway Safety. Florida continually ranks in the top three states in the nation for motorcycle-related fatalities, according to the Florida Department of Transportation. That’s why May is Motorcycle Safety Awareness Month.
Motorcyclists are about 27 times more likely than passenger vehicle occupants to die in a crash and five times more likely to get injured, according to the Department of Driver Services. The injury rate for motorcycle riders involved in a collision is 80 percent.
Surprisingly, weather is a factor in only 2 percent of accidents. Speed is often not a factor, either. The average motorcycle speed prior to an accident is 29.8 mph.
Most motorcycle accidents with another vehicle are the fault of the other driver. About three-quarters of motorcycle accidents involve collisions with another vehicle, most often a passenger automobile, with two-thirds of them caused by the other vehicle violating the motorcycle’s right-of-way.
May Is Motorcycle Safety Awareness Month
If you have been involved in a motorcycle accident that was not your fault, you should contact a personal injury attorney, who may be able to help you obtain more relief than you would get on your own and can guide you through the process of making claims to insurance carriers of other drivers. Retaining the services of a motorcycle personal injury lawyer with experience handling motorcycle accidents means your lawyer knows what to look for when investigating the accident and assessing the strength of your claim.
The National Highway Traffic Safety Administration offers several tips for motorcycle operators. Obtain proper licensing, practice driving your motorcycle before you attempt to navigate roads with traffic and ensure your motorcycle is working properly. Always wear a helmet, avoid unnecessary risks, don’t consume alcohol or drugs. According to the Center for Disease Control and Prevention, helmets reduce fatalities by 37%.
Safety Tips for Motorists
Of course, preventing accidents is the best course of action. Here are some motorcycle safety tips for car drivers from the Florida Department of Highway Safety and Motor Vehicles, since May is Motorcycle Safety Awareness Month.
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- Never attempt to share the lane with a motorcycle. The motorcyclist is entitled to the entire lane
- Watch for motorcycles and look carefully before pulling into an intersection or changing lanes
- It is difficult to gauge the speed of a motorcycle; they may appear to be much farther away than they really are
- Do not follow too closely behind a motorcycle; motorcycles can stop more quickly than other vehicles
- Motorcyclists often slow down by down shifting or rolling off the throttle, thus not activating the brake light
- Never pass a motorcyclist with only a few feet of space. The force of the wind gust can cause the rider to lose control
- When being passed by a motorcycle, maintain your lane position and do not increase your speed
- Maintain a four-second buffer zone between you and a motorcyclist, and increase space when encountering inclement weather, gusty winds, wet or icy roads, bad road conditions and railroad crossings