Florida Personal Injury Lawyers Blog

In a tragic turn of events, just west of the Sumter – Hernando County line near US Hwy 301, one person is dead and seven are injured. As reported by the Hernando Today, the driver of an all-terrain vehicle crashed into an SUV just prior to 10:30 p.m. this past Saturday evening.

ATV accidents are unfortunately an area that Florida Personal Injury lawyers are all to familiar with, as often times, accidents involving ATV’s involve major injuries and often times death.

Due to the limited safety apparatus’ involved in the use of ATV’s and quite simply, the relatively minor age of the drivers, mistakes are compounded and injuries are far more severe than auto accidents.

Generally speaking, ATV’s can be covered by one’s existing auto insurance coverage. However, it is not uncommon for an Auto Insurance Carrier to create exclusions in their standard auto insurance policy for accidents just like this.

Should the passengers of the SUV be looking for insurance monies to cover medical bills, it is a bit more complicated. The SUV was carrying six (6) passengers. In an accident like this, it will be important for the injured persons of the SUV to look not only to the insurance policy, if any, of the ATV, but also if there exists any Under-Insured or Un-Insured Motorists (UM) Coverage by the driver of the SUV and lastly if the passenger themselves (or parents in some cases) have UM coverage.

Continue reading "Florida ATV Injury Lawyer Jason Melton discusses Hernando County ATV Crash that Kills One and Injures Seven" »

The day that Florida restaurants and seafood suppliers sue BP for April’s Deep Horizon oil spill may come sooner than later thanks to New Orleans’ Chef Susan Spicer. Last Friday, Spicer sued BP in Louisiana Federal Court.

According to Zest: The Florida Foodie Insider’s Guide, Spicer’s attorney filed the lawsuit in New Orleans federal court asking the court to certify a class-action status for restaurants and seafood sellers who have suffered damages from the April 20 drilling rig explosion in the Gulf of Mexico. The lawsuit is presumably also based on the deterioration of the tourist industry, which may account for a significant portion of her business as well as the loss of the ability to serve indigenous seafood that has either become unavailable or significantly more expensive.

For more information about the BP oil spill and how Florida residents, fisherman and restaurants are preserving their rights, contact The Florida Personal Injury law firm of Whittel & Melton at 1-866-608-5529 or online.

An 80-year-old Hernando County resident was rushed to Spring Hill Regional Hospital for treatment of a critical injury. The local news is reporting that this Central Florida octogenarian was driving his 1984 Datsun pickup truck on County Line Road (Hernando County side) and drifted in the westbound lane (Pasco County side) causing a head-on collision with a tractor-trailer.

The news reports that the driver of the truck was not wearing a seatbelt, yet was uninjured in the serious motor vehicle crash. Generally a truck accident of this magnitude this will make an immediate impact on insurance policies. Obviously, if the driver of the work truck was engaged in some kind of employment and interesting legal scenario can evolve whereby he may have both a workers’ compensation claim with his employer’s policy, but also have a simple auto negligence claim for the actions of the 1984 Datsun. In other words, after the workers’ compensation claim is completed, the automobile insurance policies can distribute appropriate compensation for the pain and suffering that went unreimbursed during the workers’ compensation claim.

Often times, drivers involved in such a serious accident may be “uninjured” only to learn later of chronic neck and back pain. The reason for this is different in every case but commonly you will find that: 1) The Emergency Room doctors do an exceptionally poor job of determining levels of pain if it is abundantly clear that no life threatening injuries are apparent; 2) After a big collision the human body does an amazing job of masking pain to help cope with the situation; and 3) When another person is very seriously hurt, your injuries, although serious, may seem relatively minor.

If you have been involved in a truck accident or car crash in Hernando County or Pasco County, contact Florida Car Accident Lawyer Jason M. Melton for free consultation at 352-666-2121 or 727-847-2299 or contact us online.

The Gainesville Sun is reporting that a 24 year old woman was tragically hit by a car and killed Monday night on Archer Road in Gainesville.

According to police, the accident occurred at 6:45 p.m. while the young woman was walking south in the 2300 block of Archer Road. Apparently, she was not walking in a crosswalk when an eastbound driver moved into the center lane of the three-lane roadway to avoid a group of pedestrians, and hit her. Police spokesman said it appeared the left front bumper of the car struck the pedestrian, who rolled on top of the hood. She was pronounced dead a short time later at the trauma unit at Shands at the University of Florida.

Alachua County traffic homicide unit officials do not believe that was due to drug or alcohol impairment.

Although it is probably not the first priority on their minds today, the victim’s family may have a claim for wrongful death against the driver. Generally, under Florida law, Wrongful Death actions are lawsuits that arise after an individual dies as a result of the negligence of another. In Wrongful death actions, a lawsuit must be filed within two years of the accident, instead of the usual four years that is required in other civil lawsuits. It is for this reason that it is so important for families who have lost a loved one e due to the negligence or carelessness of another, to contact an experienced wrongful death attorney promptly to discuss their case—otherwise, they may lose the ability to assert a claim.

Continue reading "University of Florida grad tragically dies in Gainesville Car Accident" »

This Wednesday, a Brooksville jury awarded Angela Stone, a mother who lost her 12-year-old daughter in a DUI crash, $330 million in civil damages for wrongful death. This verdict is believed to be the largest award of its kind in Hernando County history. Tony Marrero from the St. Petersburg Times interviewed the jury foreperson after the verdict was rendered and she said that the award was so large because the jury felt that "Nothing can compensate her [the mother]…but if the figure that sits in the newspaper looks so enormous it stops one person and spares one family that kind of tragedy, it's enough."

The Defendant, Christopher Marcone is already serving 13 years in Florida State prison for DUI manslaughter. It is unlikely that Ms. Stone will recover the entirety of the $330 million, since the defendant is incarcerated, but that’s not really the point.

What’s important to take away from this case is that many people do not know what rights they have when they lose a loved one to a DUI crash. When someone dies in a DUI accident caused by another driver, the personal representative from the decedant’s estate has the ability to file a wrongful death lawsuit and to ask for punitive damages, not just compensatory damages. Under Florida law, there is no cap on punitive damages. However, there is a sort of “race to the courts” in wrongful death cases because the estate representative has only two (2) years to file their lawsuit. And in order to do this, they must first set up an estate on their loved one’s behalf to be able to sue.

Continue reading "Jury sends message with $330 million verdict in Brooksville DUI case " »

TBO.com is reporting a sad tragedy from last week. According to Florida Highway Patrol reports, a Wesley Chapel motorcyclist died Sunday night after he lost control of his motorcycle and crashed in the southbound on Interstate 75 at State Road 56.

According to reports, the motorcycle crashed into the median and struck a guardrail. The driver, who was wearing a helmet, was ejected from the motorcycle and ended up in the grass median where he died at the scene.

Unfortunately, motorcycle accidents are a major concern to Highway Safety advocates. The National Highway Traffic Safety Administration (NHTSA) estimates that approximately 4,800 people died in motorcycle accidents in 2006 and around 88,000 were injured. The State of Florida led all states in crashes that resulted in fatalities.

Continue reading "Wesley Chapel motorcyclist dies in accident " »

This week, the Florida Highway Patrol announced the results of the law enforcement initiative that focused on driver who run red lights. FHP participated in the National Stop On Red Week, and troopers issued 1,190 red light citations along with other citations for poor driving behavior--such as speeding and failure to wear a safety belt.

Last year, red light running in Florida led to 76 fatalities and 7,100 car accidents where property or people were injured. According to the FHP, the leading excuse offered by drivers for running a red light is “being in a hurry."

If you have been injured in a Hernando County car accident, you need an experienced attorney to fight for your rights. The attorneys at the Law Offices of Jason M. Melton seek a fair settlement in every case we handle, and build every case with an eye toward trial so that when drivers--and the insurance companies that represent drivers--do not make a fair settlement offer, we can fight for you in court. If you were hurt in a motor vehicle accident, contact us online or call 1-866-608-5529.

Erin Sullivan of the St. Petersburg Times reports that in a wild series of events, a twenty-year-old Hernando County resident went from being an injured passenger in a traffic accident in Holiday, Florida to becoming a resident of the Pasco County Jail in Land O’ Lakes.

Apparently, the young man was headed back from Clearwater Beach when a female companion who was driving got into a motor vehicle accident. When she exited the car to presumably exchange information with the other driver, the story goes that this young man took the car and wound up in a high-speed chase with a Pasco County Deputy that ended in an accident. The last stop for this car chase was rear-ending a stopped vehicle at a red light that upon impact rear-ended the vehicle in front of it. Ultimately, he was involved in two accidents and was charged with Aggravated Fleeing & Eluding.

The several victims of this car chase will be faced with some interesting legal challenges. Namely, the attorneys for the several insurance polices that may or may not be applied to this accident or event will be considering their position in relation to the alleged events. Because the taking of the car, by the twenty year old in jail, may be considered an intentional tort and/or driving without permission (non-permissive driver), a defending insurance company may have a “coverage defense” for the accident. Ultimately, several insurance policies will need to be vetted by the Pasco County Injury Attorney before any injured party from this accident resolves their case.

Continue reading "Spring Hill, FL Minor Injured in High Speed Chase in Pasco County" »

Tampabay.com is reporting that a 74-year-old man died Tuesday afternoon after he was forced to exit his car to address his car’s mechanical issues. According to the report, the man got out of the car but then collapsed into the road. Sadly, he later died at Northside Hospital.

The Florida Highway Patrol’s investigation into the accident reveals that the man was driving eastbound on 54th Avenue N approaching 28th Street N, and when the car came to the intersection, something malfunctioned and the car shut down. Troopers say that when the man left the car he "suffered a medical condition" and fell to the ground. They are still investigating.

Continue reading "Pinellas County Accident Lawyer update:: Man dies after car malfunctions" »

According to TampaBay.com, Florida’s roads are the safest they have been in years, and some credit this trend to the bad economy.

The state's traffic deaths dropped in 2008 to their lowest level in eight years, according to the Florida Department of Highway Safety and Motor Vehicles. In addition, traffic fatalities dropped 7 percent from 3,221 deaths in 2007 to 2,983 in 2008. And it was the first time traffic deaths have dropped below 3,000 since 2000.

Experts say that these trends are attributable to people cutting back on travel, entertainment and gas. People aren’t having that extra drink that could cause them to drive impaired or they are not going out to eat at all. Many people—an estimated 12 percent in Hernando County-- no longer have a job to drive to everyday. All of these factors contribute to less cars on the road and less accidents.

However, according to the report, Hernando County Motorcycle injuries rose–specifically, motorcycle injuries went from 99 to 122, a 23 percent increase in 2008. Some experts attribute this to the poor economy also. To save gas, more people may be opting to ride motorcycles, rather than drive cars.

Continue reading "Spring Hill Car Accident Attorney news update :: One upside of bad economy may be fewer traffic deaths" »

According to the Florida Highway Patrol, a semitrailer truck rear-ended a Dodge van just south of State Road 50. The van crashed into the guardrail and caused the semi to overturn and catch fire. The southbound lanes were closed for about four hours after the accident.

The truck driver, who has not been identified, was killed in the crash. The driver of the car suffered only minor injuries in the collision.

If you have been hurt in a truck crash that was not your fault, you deserve to be fairly compensated. The Law Offices of Jason M. Melton have handled many cases on behalf of Hernando County clients who were victims of tractor-trailer accidents. Our office is designed to see that our clients get fair compensation for their injuries. If you have been injured in a Hernando County truck accident please contact our office to schedule a free consultation.

The St. Petersburg Times is reporting that a 17-year-old young man was shot and killed during a party at the Lake Padgett Estates, in Land O’Lakes, FL. The 2:00 a.m. shooting occurred allegedly in a parking lot outside of the evening festivities.

The information reported indicates that a group had gathered outside of the development clubhouse, specifically in the parking lot. It is unknown what the Pasco County housing development knew with respect to any other criminal activity in the area. This shooting may open up the development to liability in the form of a Premises Liability action or what is coined a Negligent Security lawsuit.

Negligent Security actions are most commonly found in parking lots out front of clubs or convenient stores where criminal activity is known to be a problem in the area. Florida law obligates property owners to create safe environments and avoid foreseeable risks for their guests. The most obvious way for owners to help themselves and their customers can be simply to employ security and install cameras – but unfortunately many do not. The Pasco County Sheriffs Office continues to investigate and may make an arrest in this case.

Continue reading "Pasco County, FL Negligent Security Attorney News Update: Land O’Lakes, Florida Teenager Killed Outside Clubhouse" »