Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A.

Personal Injury While Shopping in Southwest Florida

Retailers should do their best to make your shopping experience the safest it can be – especially so customers avoid personal injury while shopping. The retail industry in the United States is incredibly large, and growing. According to the CDC, over 5 million Americans are employed through retail stores. Florida is one of the busiest shopping states with 26% of our employment coming from the retail market. Unfortunately, an industry so vast is not without misconduct. Negligence on the part of the store can sometimes lead to personal injury.

Types of Florida Retail Store Accidents

The most common types of accidents in retail establishments can be avoided if the store takes the steps to create a safe environment. The first common injury category is slip and fall, usually as a result of wet floors, spills, poor lighting, or walkway obstructions. Slip and falls can also occur in an establishment’s parking lot due to poor road conditions or standing water. Injuries to a person not resulting from a slip or fall but still due to adverse conditions in the store such as falling items, low signs, and items out of reach are also common. Finally, faulty shopping equipment such as shopping carts and baskets can result in customer injury.

Sometimes injuries are not a result of the day to day conditions of the store, but due to overcrowding during the busy shopping season, such as Black Friday. If the store fails to manage crowd control, leading to a mêlée, injuries can occur.

If you sustain an injury while shopping, the store may be liable if you feel they were aware of the conditions that lead to the accident, or even if you feel as though they should have been aware. If you are injured while shopping, and you feel it was the fault of the store, it is important to document the conditions of the accident with photos and witnesses and to seek legal assistance.

Who to Call If You Sustain Personal Injury While Shopping in Southwest Florida

If you or someone you love has been injured while shopping, it is important to seek legal counsel. SWFL attorneys at Goldstein, Buckley, Cechman, Rice & Purtz have over 50 years of legal experience in dealing with personal injuries. Contact us today to schedule a free consultation.

Parking Lot Car Accidents

Whether you are a pedestrian or a driver, parking lots can be an especially dangerous place mainly due to increased traffic congestion. Often, pedestrians and drivers are lulled into a false sense of security, because the pace of traffic is much slower than on the roads.

Accident Statistics

There are several statistics that illustrate the seriousness of parking lot accidents.

  •  1 out of 5 motor vehicle crashes take place in a parking lot
  •  14% of all automobile insurance claims involving damage to a vehicle take place in parking lots
  •  On average, there are 206 fatalities/year
  •  One quarter of all parking lot accidents involve vehicles travelling in reverse

How to Avoid Parking Lot Accidents

  • Abide by signage such as stop signs or speed limit signs
  • Use headlights and park in well lit areas
  • Avoid traffic congestion – parking further away from your destination will reduce the likelihood you are involved in a collision
  • Avoid distractions such as phone usage

What to Do If You’re In A Crash

Parking lot accidents can be tricky to navigate because oftentimes these are relatively minor compared to an accident on a road or highway. According to the InsuranceHotline.com you should treat this type of crash as if it were any other vehicle accident. The Insurance Hotline offers these recommendations:

  • If possible, move your vehicle out of the way
  • Check vehicle occupants for injuries – Call 9-1-1 if necessary
  • If you feel safe to do so check on the safety of the occupant(s) of the other vehicle
  • Report the accident to authorities – when in doubt it is better to be safe than sorry
  • Contact your insurance company to report the accident

Who to Call If Injured In an Accident

Accidents can happen anytime. While many of these accidents are minor, the consequences can linger. From minor injuries to fatalities or even financial loss, it is important to seek qualified legal counsel to assist you. The attorneys at Goldstein, Buckley, Cechman, Rice and Purtz have over 5 decades of legal experience to serve you. Give us a call today to schedule a free consultation.

Can’t wait to celebrate the end of 2020? Be careful! Unfortunately, personal injuries on New Year’s Eve and Day are not uncommon.

Causes of personal injuries on New Year’s Eve can include:

While officials are not quite sure what to expect for New Year’s Eve 2020, they do know that alcohol consumption has increased by 14% over a year ago, including 17% for women, according to a report published in the JAMA Network Open.

Also, alcohol sales at the beginning of the pandemic in March rose 54%, according to a Nielsen survey, with health experts explaining that people are turning to alcohol to cope with a life-altering global crisis.

Personal Injuries on New Year’s Eve from Drunk Driving

According to SafeAuto.com, compared to an average night on the weekend, there are 71% more crashes with drugs or alcohol as a contributing factor between Dec. 31 at 6 p.m. and Jan. 1 at 6 a.m. In just that 12-hour period, alcohol and drug related car crashes skyrocket.

As a result, the National Safety Council estimates that 384 people may die on U.S. roads this New Year’s Day holiday from 6 p.m. on Dec. 31 to midnight on Sunday, Jan. 3.

In addition, nationwide, alcohol-impaired fatalities (involving blood-alcohol content of 0.08 g/dL or higher) in 2018 represented 29% of the total traffic fatalities. Also, curing the 2018 (latest available data) New Year’s Day holiday period, 39% of fatalities involved an alcohol-impaired driver.

New Year’s Eve Safe Driving Tips

Before heading out to New Year’s celebrations this year, drivingschool.net recommends the following tips:

    • Designate a driver who will not drink on New Year’s Eve/New Year’s Day.
    • If drinking, spend the night with a friend or family member to avoid needing to drive home.
    • Never allow someone who has been drinking to get in the driver’s seat of a vehicle. Take their keys.
    • Don’t ride with someone else who has had even one or two drinks.
    • It’s better to call a friend or family member for a ride, even if it’s embarrassing then to get behind the wheel and cause a serious accident.
    • Call the police if they see an impaired driver out on the road.
    • SoberRides.org provides a desktop and mobile site with options for how to get home safely.
    • If you host a party, contact a local cab company to provide rides for your guests, or have a trusted designated driver ready to take guests home if necessary. According to MedicalDaily.com, hosts could be held responsible if someone leaves their home and kills or hurts someone in an alcohol-related collision.

Other Personal Injuries on New Year’s Eve

Drunk driving is not the only source of personal injuries on New Year’s Eve. Other injuries can include:

    • Pedestrian accidents. New Year’s Day is one of the most hazardous day of the year for pedestrians. Be sure to stay on paths and watch traffic. Cross at crosswalks and frequent well-lit areas.
    • Projectile Champagne corks. To avoid a forceful cork explosion, chill Champagne to at least 45 degrees and place a towel over the top of the bottle when opening, pointing away from yourself and others.
    • Fireworks. Keep fireworks away from children and pets. Sparklers burn at temperatures of 2,000 degrees! Keep a bucket of water handy, light fireworks one at a time and stay clear. Better yet, leave fireworks to the professionals.
    • Anxious pets. Many pets have anxiety about fireworks and noise and can bite, run away, cause accidents or become lost. Keep them indoors and comfortable. Make sure fences and gates are secure, and that your pet has a current ID tag or microchip.
    • Gunfire. Some cultures have a tradition of celebratory gunfire at midnight. It’s illegal, and falling bullets can be fatal. According to the American Safety Council, a young teen was killed in 1999 in Phoenix by a bullet that was fired into the air more than a mile away.

Personal Injuries on New Year’s Eve May Happen!

We all want to enjoy a safe and happy new year. We hope you don’t need to call us, but when accidents or injuries do occur, we offer free consultations and are here to help you understand your rights. From our family to yours, we wish you a happy, healthy and safe 2021. With nearly 60 years of experience in the community and five offices throughout Southwest Florida, we are your personal injury experts.

For the fourteenth year, Goldstein, Buckley, Cechman, Rice & Purtz, P.A. offices are collecting toys to be distributed by the U.S. Marine Corps Toys for Tots Foundation. Toys for Tots donations will be collected until Dec. 15, when they will be picked up and distributed by Toys for Tots to approved local social welfare agencies, church groups and other organizations.

“Supporting community-based organizations is within the core of Goldstein, Buckley, Cechman, Rice & Purtz, P.A., and these Toys for Tots donations are an exemplary example of a local organization having a tremendous impact,” said Managing Partner Chris Smith. “It’s our privilege to be a part of the community for nearly 60 years, so we feel it’s important to give back.”

In 2019, Toys for Tots donations in Lee County distributed 55,321 toys to 16,422 children, sizable increases from the 38,090 toys and 10,960 children supported during the previous year. In Collier County, Toys for Tots distributed 28,579 toys to 4,497 children last year.

The public is invited to bring new, unwrapped toys for newborn children through age 12 to any of the six Goldstein, Buckley, Cechman, Rice & Purtz offices. In addition, members of the firm also donate toys for the drive.

Goldstein, Buckley, Cechman, Rice & Purtz locations accepting Toys for Tots donations include:

In addition to donations of toys, monetary donations also are accepted at www.toysfortots.org.

Passenger Injury or Death in a Single Car Accident

Almost twenty percent of all car accidents with fatalities only involve one vehicle according to the Insurance Institute for Highway Safety (IIHS). When this happens, the driver in these accidents is almost always considered at fault. Passengers in this situation may be entitled to compensation for lost wages, pain and suffering, or other expenses incurred. An attorney in Southwest Florida who specializes in car crashes and liability can help you understand your rights.

Avoiding Single Car Accidents as a Passenger

As a passenger in a vehicle, there are some things you can do to help avoid accidents. First, make sure it is safe for the driver to be on the roads. If the driver is intoxicated or exhausted you are allowing everyone to be put at risk. Second, do not distract the driver or allow the driver to become distracted. As a passenger, you can demand a driver not interact with electronic devices while driving. Finally, be observant of the road and your surroundings. Many accidents happen at night and in poor weather. Help the driver recognize hazards on the road. By taking a pro-active approach to being a passenger, you can make a difference.

While nobody likes being in any kind of an accident, single car accidents can be especially frustrating. Most likely as a driver, the insurance company is going to blame you. Many times if the driver would have been driving more carefully, these types of accidents could have been avoided. It is understandable placing the blame on the driver although this is not always fair. Regardless of how fair it is to blame the driver, as a passenger you need to know your rights.

Know Your Rights as a Passenger in Someone Else’s Car

As a passenger in a single car accident in Southwest Florida, you need to understand if you are insured under the policy of the driver involved in the single-car crash. Typically, people related to the driver would be considered insured under their policy. If you are not insured under the policy of the driver, you may be able to make a third party insurance claim. This type of claim will allow you to pursue compensation from the driver’s insurance company.

The attorneys at Goldstein, Buckley, Cechman, Rice & Purtz have over five decades of experience with personal injury cases. The legal firm has 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.

The team of Goldstein, Buckley, Cechman, Rice & Purtz was proud to support Rev it Up Bike Night at the Shell Factory on Jan. 16. Food specials and Happy Hour benefited Shell Factory’s nature park foundation, and our team was on hand to answer questions about motorcycle law and safety.

As experienced trial lawyers, Goldstein, Buckley, Cechman, Rice & Purtz assist clients who have suffered injuries or losses as a result of a motorcycle injury. We seek all sources of compensation available to our clients such as medical expenses, loss of wages, rehabilitation and other possible long-term expenses in order to help them make a full financial recovery.

Proud to Support Rev It Up Bike Night

Join us at the next bike night at the Shell Factory on March 19, we’d love to meet you! And we’ve got water bottles, grocery bags, highlighters, pens, chip clips, magnetic clips, lip balm and keychains to share.

RV Accident in Southwest Florida

Many people come to Florida to enjoy our beautiful weather and scenic surroundings.  A recreational vehicle is a popular way to explore the beauty of nature without giving up the comforts of home.  RV usage is expected to reach an all-time high in 2017, per the Recreational Vehicle Association.  This increased usage of RVs naturally leads to a rise in accidents involving RVs.  Here are some things to consider if you are the victim of an RV accident.

Cause of Motor Home Accidents / RV Accidents

RVs are unique types of vehicles that many people are not familiar with.  In many cases, there is no extra license requirement or training necessary to operate a motorhome or tow an RV.  According to Geico, here are some of the common causes of RV accidents.

    • Tire Blowouts: Overloading, under inflated or old tires
    • Clearance and Height driving mistakes: RVs hitting bridges and gas station overhangs
    • Overloading: Uneven weight can cause restricted braking and steering

Type of RVs / Motorhomes on Florida Roads

RVs fall into two main categories.  The first category is the motorhome, these are the vehicles you see that may look like a bus or a truck with a built-in camper.  The other category is towable, these are trailers that have living quarters.  Different RVs have different insurance coverage requirements.

Motor Home Insurance / RV Insurance in an Automobile Accident

In many ways, motorhome insurance works the same as the insurance for your personal vehicle.  Motorhome insurance policies have limits to how much the policy will pay.  Towable RVs are covered under the policy of the vehicle towing the RV.  As the victim of an RV accident, it is important to understand how policy limits affect you.

Who to Call If You’re Involved in a Car Accident with an RV (Motorhome) in Florida

When you are the victim of an RV accident it is important to know your rights.  The attorneys at Goldstein, Buckley, Cechman, Rice, and 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.

Attorney Eve Kosciuszko Joins the Firm

Distinguished Ave Maria School of Law graduate and Attorney Eve Kosciuszko joins the firm Goldstein, Buckley, Cechman, Rice & Purtz. Her practice will focus on general civil litigation, commercial litigation, estate planning and probate.

Kosciuszko was admitted to the Florida Bar after graduating magna cum laude from Ave Maria School of Law in May 2019, ranking fourth in her class. She earned the Book Awards for highest grade in her class for Commercial Law, Healthcare Law, and Research, Writing & Advocacy. As a Moot Court Board member, Kosciuszko won best oralist of the St. Thomas More Oral Advocacy Competition and the Robert H. Bork Appellate Team Competition and Best Brief.

She received the Saint Francis Cabrini Award for excellence in clinical programs for her work in the Ave Maria Law School’s Estate Planning Clinic. She was associate editor on the Ave Maria Law Review, secretary of the Ave Chapter Federalist Society, Dean’s Delegate and the student commencement speaker.

Kosciuszko is a board member of the Southwest Florida Federal Court Bar Association and was a judicial intern clerk to the U.S. District Judge Sheri Polster Chappell and to the U.S. Magistrate Judge Mac R. McCoy.

Originally from Brooklyn, N.Y., Kosciuszko moved to Southwest Florida in 2005. She graduated summa cum laude from Hodges University with a bachelor’s degree in Business Administration and Marketing and worked for eight years in the senior aging and health care industry.

“As an award-winning second career law student, Attorney Eve Kosciuszko joins the firm and brings proven speaking ability and courtroom exposure,” said Christopher Smith, partner. “Her well-rounded experience working in the senior aging and health care industry makes her especially knowledgeable about senior issues.”

It’s critical to minimize school bus accidents by following key safety rules. With the 2017-2018 school year in full swing, the Department of Highway Safety and Motor Vehicles is reminding all motorists to be alert while on the roadways, as they will be shared with school buses filled with children. According to the National Highway Traffic Safety Administration, an average of 18 school-aged children die each year in school transportation-related crashes, with an average of six of those children being school transportation vehicle occupants.

Recent School Bus Accidents

August 2017, Jefferson County Missouri – A school bus from Fox C-6 School District was involved in an accident. The school bus was occupied and fortunately, no one on the bus appeared to be hurt. There are no reports on the cause of the accident.

August 2017, Calumet Township Indiana – A school bus was struck after the driver of a Honda Civic allegedly disregarded stopping at a stop sign and struck the school bus. The school bus was occupied by 3 students and 2 school employees. Luckily none of these occupants were injured, however, the driver of the Honda Civic had two passengers in the vehicle. One passenger, a 6-year-old child, died from blunt force trauma injuries resulting from the crash, the other, also a juvenile, was transported to the hospital with non-life-threatening injuries. The driver of the vehicle was allegedly found to be driving on a suspended license and investigations show that alcohol, traffic offenses, and speed contributed to the crash.

Share the Road with School Buses

Hearing about school bus accidents is frightening for any parent of school-aged children. Studies show that school buses are the safest mode of transportation for getting children back and forth to school. School buses are big, bright yellow and are designed for safety. However, even with these safety features in place, school bus accidents still occur. Learning how to share the roads with school buses can help to reduce the number of crashes involving school transportation vehicles.

Here Are a Few Tips on Avoiding School Bus Accidents:

    • Always be alert around school buses, children are often unpredictable
    • All traffic must stop if the stop arm is extended and the yellow or red lights on the bus are flashing
    • When stopping for a bus, always allow enough space for children to enter and exit the bus safely
    • Never pass a bus from behind when it is stopped to load or unload children

If you need an attorney because you or your child were hurt

Any motor vehicle accident is tragic, but when accidents involve school buses and children, no words can describe how these crashes affect the families and communities of all involved. If someone you know has been the victim of a school bus accident, the attorneys at Goldstein, Buckley, Cechman, Rice and Purtz are here to fight for you. We have over 50 years of experience with personal injury cases involving motor vehicle crashes. We have six offices to serve you. Our locations are in Fort Myers (2 offices to serve you), Cape Coral, Naples, Lehigh Acres, and Port Charlotte. Call us to set up your appointment for a free consultation.

Small Plane Accidents

Most of us have been comforted by the aphorism “it is more dangerous to ride in a car than fly in a plane” to curb anxiety about flying. However, aircraft not associated with commercial air, such as private planes, helicopters, and even hot-air balloons, have a much higher rate of accident and injury than the giant jet liners. These assorted small aircraft are all in the category of general aviation. In the year 2015, there were 123 general aviation accidents in the United States, 17 of those were fatal, resulting in a total of 28 fatalities.

On March 9, 2015, one of these accidents occurred in Fort Myers. Gregory Piehl was flying his 85-year-old mother Donna in a recently purchased private plane and crash-landed in a parking lot on the corner of Colonial Blvd and US 41, unable to reach the landing space at Page Field. Unfortunately, the injuries sustained by Donna Piehl in the crash resulted in her death. In December, a National Transportation Safety Board report concluded that the crash was a result of pilot error leading to an engine failure.

Causes of Florida Small Plane Accidents

The accident in Fort Myers was an example of the FAA’s leading cause of small aircraft accidents: loss of control in-flight. Some of the other causes the FAA lists include:

    • Low altitude operations
    • Loss of fuel or low-quality fuel
    • Weather
    • Midair collisions
    • System component failure
    • Negligence of Air Traffic Controllers
    • Structural or design problems

While the rate of general aviation accidents has declined over the years, the bottom line is smaller aircraft designs and the variety of experience in pilot training lead to accidents that can result in the injury or death of those aboard or even on the ground. Sometimes, these accidents are the result of negligible acts on the part of the pilot or owner of the aircraft. It is important to know your rights when involved in a general aviation accident.

Who to Call If You Have Small Plane Accidents

If you or someone you know has suffered from an injury sustained in small plane accidents, it is important to seek legal counsel to get the justice you deserve. The knowledgeable attorneys at Goldstein, Buckley, Cechman, Rice & Purtz have over 50 years of legal experience in dealing with personal injuries. Contact us today to schedule a free consultation.