Biking? You May Need More Than a Helmet in 2019
Biking? You may need more than a helmet. In December, news media reported that Fort Myers Mayor Randy Henderson broke some ribs and punctured his lung after falling off his bike. In 2014, longtime television meteorologist Jim Reif died after sustaining head injuries from a bike accident.
It was an important reminder that bicycle accidents can happen to anyone. If you received a bicycle for Christmas and are looking forward to riding in the cooler weather or are hoping to cycle to meet your new year’s exercise goals, take care.
With weather conducive nearly year-round for bike use, Florida has a high number of cyclists. It also has a lot of motor vehicles and visitors who are not as familiar with area roadways, which may be why Florida has the highest number of bicycle accident deaths in the United States.
Biking? You May Need More Than a Helmet
In 2018, there were 6,568 reported bicycle crashes in Florida, resulting in 148 deaths and 6,175 injuries. For the first quarter of 2019, preliminary data reported 1,695 bicycle accidents statewide with 40 fatalities and 1,588 injuries. Many bicycle accidents go unreported, so the number are likely higher.
Many bicycle accidents are caused by mistakes made by both bikers and motorists, with most fatalities caused by one or the other failing to yield the right of way. The Department of Florida Highway Safety and Motor Vehicles notes these tips for motorists sharing the road with cyclists:
- Drivers must give bicyclists a minimum of three feet of clearance when driving alongside or passing them. It’s the law.
- When turning, yield to any bicyclist in the bike lane and make your turn behind them.
- Avoid using high beam headlights when a bicyclist is approaching.
- Before opening a car door, check for bicyclists who may be approaching from behind.
In Florida, the bicycle is legally defined as a vehicle and has all the privileges, rights and responsibilities on public roads (except for expressways) that a motor vehicle operator does. When it comes down to a 20-pound bicycle versus a 3,000-plus pound automobile, however, it’s necessary for cyclists to be vigilant about their own safety. The Department of Florida Highway Safety and Motor Vehicles suggests bicyclists should:
- Obey all traffic controls and signals.
- Not ride a bicycle under the influence of alcohol or drugs.
- Stay alert – do not text or wear headphones or ear buds, so you can hear everything around you.
- Use the bike lane if you are not traveling at the speed of other traffic. If no bike lane is available, you must stay on the right-most side of the road.
- Use the full lane when making a left turn, passing, avoiding hazards or when a lane is too narrow for you and a car to share it safely.
- Use directional hand signals to show other drivers that you are about to turn.
- Yield the right-of-way to pedestrians on a sidewalk or crosswalk.
- Have a white light visible from 500 feet on the front and a reflector and red light visible from 600 feet on the rear between sunset and sunrise.
- Wear neon or fluorescent colors and something reflective when riding, day or night.
- Wear a helmet. Bicyclists under age 16 are required to wear helmets.
While following the above safety tips will help ensure safer cycling, there is no way to eliminate the risks involved in riding a bicycle. If you are in a bike accident with a motor vehicle or another cyclist, be sure to get medical attention. You’ll also want to make sure the accident has been reported to police so there is a record.
After the accident, it’s important to attempt to preserve your damaged bicycle and document the scene of the incident with photographs, including vehicles and any tire marks or other roadway evidence. The nature of the damage and evidence will help tell the story of who was at fault for the accident.
An insurance investigator or claims adjuster may contact you regarding your claim. Unless you have discussed your case with an attorney, do not give a written or recorded statement or sign any releases for the insurance company. The claims adjuster works for the insurance company, and it’s the adjuster’s job to settle claims for the lowest amount possible, which is often less than many claims are worth.
If you or someone you know has been injured in a bicycle accident due to the negligence of a motor vehicle driver, seek advice from an attorney experienced in personal injury cases. An attorney can advise you of your rights, help make sure you are receiving any required medical treatment needed and investigate your case.
Supporting Our Veterans
Supporting Our Veterans
For the sixth year in honor of Veterans Day, Goldstein, Buckley, Cechman, Rice & Purtz’s employees have collected clothing and household items to donate to the Vietnam Veterans of America (VVA). Donated used clothes, shoes, appliances or other household items, are used to generate funds to help take care of soldiers and service men and women who help keep America safe from harm.
VVA goals are to promote and support the full range of issues important to Vietnam veterans and to change perception them. Firm Partner John B. Cechman was stationed with the Army in the Quang Tri Province just south of the demilitarized zone (DMZ) in South Vietnam. As Agent in Charge of Military Intelligence, he was stationed with the 1st Brigade 5th Infantry Division from July 1968 to July 1969, earning a Bronze Star that hangs in his office.
VVA also works to improve the status of all veterans by advocating for issues important to veterans, supporting our veterans by seeking access to quality health care, identifying the full range of disabling injuries and illness incurred during military service, holding government agencies accountable for following laws and mandating veterans’ health care, and supporting the next generation of America’s war veterans.
“A lot of veterans need help, especially since in combat PTSD is a real thing,” Cechman said. “I’m proud of the fact the firm does what it can to assist vets.”
For more information about the Vietnam Veterans of America visit their website.
Throughout the year, champion coupon collector and legal assistant Emily Miller collects items for donation to homeless veterans through the Cape Coral office of U.S. Department of Veteran Affairs. Her superior skills allow her to collect thousands of dollars of food, self-care items and other products. Want to help with supporting our veterans? Contact Frank Jones, 239-652-1800, ext. 20551 or http://www.leegov.com/dhs/veterans
Motor Vehicle Accidents in 2018
Motor vehicle accidents occur for a variety of reasons. Things such as distracted driving, drowsy driving, reckless driving and driving under the influence have all resulted in car crashes at one point in time. In fact, as per the National Highway Traffic Safety Administration, or NHTSA, car accidents occur every minute of the day. Yes, that is correct. Every minute of every day, someone is involved in a car accident. While these accidents do not all result in fatalities, a large sum of them do result in injuries, property damage or legal litigation. For over 5 decades, the attorneys at Goldstein, Buckley, Cechman, Rice and Purtz have been helping victims of motor vehicle accidents seek justice.
Motor Vehicle Accidents: The Car Crash Statistics
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- There were 35,092 fatalities from motor vehicle accidents in 2015. (NHTSA)
- In 2015, 96 people died each day in motor vehicle crashes and 6,700 people were injured. (Insurance Information Institute, III)
- In 2016, motor vehicle deaths estimated to be the highest in nine years. (National Safety Council, NSC)
- In the United States, over 1,600 children under the age of 15 die in road crashes each year. (Association for Safe International Road Travel, ASIRT)
Car Crash Statistics by Driver Behavior
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- Speeding – In 2015, 9,557 people died in speed-related accidents (NHTSA)
- Drunk Driving – 10,265 lives were lost in 2015 due to alcohol impaired driving crashes (NHTSA)
- Running Red Light – More than 900 fatalities and 2,000 injuries result from running red lights (IIHS)
- Distracted Driving – In 2015, 3,477 people died and 391,000 people were injured due to distracted driving (NHTSA)
- Drowsy Driving – Studies have shown that 37 percent of drivers report having fallen asleep behind the wheel at some point in their lives (AAA)
- Cell Phone Use – Cell phone use contributes to 1.6 million crashes each year (NSC)
- Aggressive Driving – 66% of traffic fatalities are due to aggressive driving (Safe Motorist)
Auto insurance industries estimate that over the course of a driver’s lifetime it is likely that each motorist will be involved in 3-4 auto accidents. If you are involved in a motor vehicle accident, there is a chance that the accident is due to the negligence of another driver. Should this be the case, it is important to seek legal advice to protect your rights.
Who To Call If Injured in Southwest Florida Motor Vehicle Accidents
The attorneys at Goldstein, Buckley, Cechman, Rice & Purtz are here for you. If you have been a victim in a motor vehicle accident and are suffering injuries, contact our experienced personal injury lawyers. We are available to answer any questions that you may have regarding the auto accident and can help you protect your legal rights. We have over 5 decades of experience with personal injury cases and can handle the insurance companies and investigations while you concentrate on your recovery. We have six offices across Southwest Florida. Our offices are located in Fort Myers (two offices to serve you),
Cape Coral, Naples, Lehigh Acres and Port Charlotte. For more information about our legal services, call us today at (800) 332-9404.
Personal Injury While Shopping
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
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.
Personal Injuries on New Year’s Eve
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:
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- Car accidents
- Drunk driving
- Slip-and-fall accidents
- Premises liability accidents
- Fireworks accidents
- Pedestrian accidents
- Dog bite accidents
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:
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- 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:
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- 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:
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- Fort Myers – Downtown: 1515 Broadway St., 239-334-1146
- Fort Myers – McGregor: 2300 McGregor Blvd., 239-332-9437
- Cape Coral – 461 Del Prado Blvd., 239-574-5575
- Naples – 2590 Northbrooke Plaza Drive, Suite 105, 239-514-0924
- Lehigh Acres – 4802 Lee Blvd., 239-368-6101
- Port Charlotte – New Office: 2602 Tamiami Trail, 941-624-2393
In addition to donations of toys, monetary donations also are accepted at www.toysfortots.org.
Single Car Accident
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.
Proud to Support Rev It Up Bike Night
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.
Your 2018 RV Accident Attorneys
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.
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- 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.