Florida Personal Injury Lawyers Blog

Early Sunday morning yielded a large line of cars and trucks that collided and left motorists virtually blinded. At least 10 drivers were killed.

When rescuers first arrived, visibility was so poor that they could only use screams and moans to locate victims. At least 18 people were hurt.

Authorities are still trying to determine what caused the pileup south of Gainesville on Interstate 75. The highway had been closed for a period of time due to fog and smoke from a brush fire that may have been intentionally set.

At minimum, five cars and six tractor-trailers were involved in the crash. Some vehicles apparently burst into flame.

Photographs of the scene showed burned-out vehicles dispersed across the pavement and smoke still rising above the remains. Cars appeared to have slammed into the big rigs and, in one case, a motor home. Some cars remained crumpled beneath the heavier trucks.

Reporters who were permitted to view the scene claim they saw one tractor-trailer that was burned down to its skeleton and bodies that could be seen inside a burned-out Grand Prix. All that remained of the tires on every vehicle were steel belts, as the rubber had burned away.

State police estimated that debris was scattered for nearly a mile in both directions.

The fog near the Paynes Prairie area just south of Gainesville was apparently so bad people could not see anything and were pulling off of the road.

At least 18 people were treated at an area hospital.

The chief medical officer for Shands Healthcare at the University of Florida said three of the six patients being treated in the trauma center needed surgery due to serious injuries. Four patients were treated in the hospital's emergency room, and eight people have been treated and released.

Most people had head and chest injuries or broken bones.

All six lanes of the interstate remained closed Sunday as investigators surveyed the site and firefighters put out any lasting fires.

It was not clear when the highway would reopen because part of the road apparently melted.

A Florida Forest Service spokeswoman claims the fire began Saturday, and investigators are still investigating whether the fire was purposely set or caused by accident.

Four years ago, heavy fog and smoke were blamed for another series of serious crashes that killed four and injured 38 between Orlando and Tampa and involved more than 70 vehicles. One pileup alone consisted of 40 vehicles.

When traffic accidents involve multiple vehicles, the end result can be devastating. Pileups are extremely dangerous and can leave victims with extensive injuries. These types of accidents usually occur on highways with a high speed limit. They are often caused when visibility is poor and drivers are too close to the vehicle in front of them to adjust to an unexpected stop. A chain reaction can be created when motorists begin to brake and skid, which can lead to numerous vehicles being involved.

It can be difficult to establish fault when a pileup has occurred. Generally, an accident investigator employed by local law enforcement will determine what caused the wreck and who the at-fault party is. In some situations, more than one person may be to blame. This can make an accident claim for compensation of damages complex and you may have to deal with multiple insurance companies. If your or a loved one has been injured or killed in a pileup accident, the best thing you can do to smoothly resolve your insurance claim is to contact the Florida Multiple Vehicle Accident Attorneys at Whittel & Melton.

Unfortunately, multiple vehicle collisions can result in the wrongful death of a loved one. It can be overwhelming to have to deal with insurance companies at this sensitive time and you may fail to collect the full compensation you are entitled to by not recognizing the claims available to you. The Florida Multiple Vehicle Accident Attorneys at Whittel & Melton can work on resolving your claim while you and your family focus on healing. We can assist you by gathering evidence, proving fault, dealing with insurers directly and filing a lawsuit if necessary. Most importantly, we can make sure you receive the full and fair compensation you deserve.

Continue reading "Gainesville Multiple Vehicle Accident Attorneys Whittel & Melton :: Smog Pileup Kills At Least 10 People in Alachua County" »

A Hudson, Florida woman accused of running down a group of young girls and killing one of them was found guilty by a jury Wednesday of vehicular homicide, culpable negligence manslaughter and reckless driving.

The woman exited her front yard on November 5, 2010 enraged after an argument with her supposed boyfriend and lost control of her Jeep.

She apparently hit a mail box and slammed her vehicle into a group of girl’s playing in a neighbor’s yard. The group included 5-year-old triplets and their 10-year-old sister.

One of the triplets later died and another was seriously injured. The other two girls survived with minor scrapes and bruises.

The woman testified in court Tuesday that she backed the Jeep out of the yard and does not remember any of the events that followed. However, medical experts took the stand and challenged her statements, claiming she showed no signs of problems that may cause blackouts.

The prosecution claims the woman’s Jeep was unfit to drive and the driver’s side door was broken and was held together by a bungee cord.

The woman apparently sped away in such a hurry she forgot to put the bungee cord on and was trying to prevent the door from opening with her arm when she lost control of the vehicle.

Investigators claim she was traveling about 5 miles over the 30 mile per hour speed limit.

Most car accidents are caused by a form of driver distraction, which is exactly what happened in this case. It only takes one irresponsible driver to cause a catastrophic collision that can result in serious personal injuries or wrongful death. Florida law states that if you or a loved one has suffered serious injuries or loss of life due to a negligent driver, you may be awarded financial compensation for your pain and suffering.

According to the National Highway Traffic Safety Administration, 5,547 people lost their lives in 2009 due to a car accident involving a distracted driver. Another 448,000 were injured. Likewise, 16 percent of fatal accidents occurring in 2009 involved a distracted driver and another 20 percent of accidents resulting in injury involved a reckless motorist.

Driving is an inherently dangerous activity. However, the possibility to harm another is increased when distracted or negligent drivers take the wheel and ignore the safety of others. Motorists that practice unsafe driving habits must be held responsible for their actions. When a driver’s thoughtless behavior causes another person’s injury or death, they could be held liable for damages including reimbursement for medical bills, property repairs, disability, loss of income, mental anguish and pain and suffering. After a car wreck, it is tremendously important to contact the Florida Auto Accident Attorneys to discuss the events surrounding the collision as generally there is a narrow amount of time in which one can proceed with a lawsuit.

Continue reading "Florida Auto Accident & Wrongful Death Attorneys Whittel & Melton :: Jury Finds Woman Guilty of Vehicular Homicide in Crash that Killed Triplet" »

A Weeki Wachee, Florida man, 56, died Tuesday night in Spring Hill after the vehicle he was riding in exited the road and flipped into a canal filled with water. He was taken to Oak Hill Hospital where he died shortly after.

The driver, a 72-year-old Michigan woman died from her injuries after being transported to Regional Medical Center Bayonet Point.

A six-year-old passenger from Weeki Wachee was taken to Spring Hill Regional Hospital suffering from minor injuries.

According to the Florida Highway Patrol, the accident occurred around 7 p.m. The driver was supposedly traveling northbound when she overcorrected as she navigated onto the east shoulder of the road, crossed into the south lane and landed in the canal. The vehicle supposedly flipped and was submerged in water.

Unfortunately, overcorrection and other driving errors can lead to catastrophic Florida car accidents that can cause deaths or serious injuries. According to the Florida Department of Highway Safety and Motor Vehicles, overcorrecting contributed to nine deaths and 84 injuries in 2010. Drivers of SUV’s are the most susceptible to overcorrecting which can lead to a rollover accident or head-on collisions, but essentially this driving error can happen to anyone. Most rollover accidents occur when motorists overcorrect their steering as a panic reaction to an emergency, which often results in loss of control of the vehicle. When a driver’s tires drift off the road onto the shoulder or grass, it is many motorists instinctive response to panic and jerk the wheel the opposite way. However, this can cause the vehicle to collide with oncoming traffic, stationary objects or overturn.

Sometimes accidents cannot be avoided, but sometimes knowing proper maneuvering techniques on the road can eliminate driver error, like overcorrecting. If your vehicle drifts off the roadway, it is best to remain calm and refrain from jerking your vehicle back onto the road. Rather, it is optimal to slow your car down gradually and once a safe speed is maintained, then it is secure to guide your vehicle back onto the road.

When you or a loved one has been injured in an accident as a result of another motorist's mistake, the aftereffects can be irritating and overwhelming. As soon as you have been involved in an accident it is important to contact a Rollover Accident Attorney to start investigating the facts surrounding your claim. At Whittel & Melton, we can help you recover the fair and full compensation you deserve.

Continue reading "Hernando County Car Accident Attorneys Whittel & Melton :: Over-Correction Causes Two Deaths in Spring Hill Rollover Accident " »

Florida Highway Patrol officials believe a West Palm Beach, Florida woman who supposedly changed a CD in her car while driving on Florida’s Turnpike Monday afternoon caused a collision that killed a 63-year-old Riviera Beach woman.

The 55-year-old West Palm Beach woman allegedly told troopers she was changing a CD in her car’s CD player when the accident occurred near Kissimmee. The woman’s car apparently drifted and struck the other woman’s SUV, causing it to roll over.

The Riviera Beach woman was pronounced dead at the scene. She was carrying two passengers in her SUV that suffered minor injuries.

FHP has not made it clear if the woman accused of distracted driving will be charged.

Florida distracted driving wrongful death automobile accidents are caused frequently by the following:

• Toying with a CD player, MP3 player, iPod or any other type of device that plays music

• Using a cell phone to call or text someone

• Eating and drinking

• Fiddling with knobs on the radio

• Applying make-up

• Reading maps or directions

• Talking to passengers

• Accessing a navigation system

• Watching television or videos

Auto Accidents can be caused by any distraction that takes the driver’s attention off the road.
According to the U.S. Department of Transportation, the three main types of driver distraction have been identified as visual, manual and cognitive. Visual distractions cause a driver’s eyes to wonder away from their first priority – the road. Manual distractions happen when a driver takes their hands off of the wheel to engage in some other type of activity. Lastly, cognitive distractions occur when a motorist loses mental focus on what they are doing.

Some driver distractions, like changing a CD while driving, involve all three elements. A person must visually identify the correct CD, manually grab it and insert it into the CD player and press play. As all these actions are carried out, a driver’s eyes leave the road, their hands are removed from the steering wheel and their mind is coordinating the proper actions. The end result can be a fatal disaster.

If your loved one was the victim of wrongful death, the Florida Distracted Driving Attorneys can analyze every piece of information regarding the accident and apply that knowledge towards increasing compensation opportunities for medical bills, property repairs, disability, loss of income and pain and suffering. There is a narrow amount of time to proceed with a lawsuit following an accident, so it is best to contact Whittel & Melton immediately after an accident has occurred.

Continue reading "Distracted Driving Wrongful Death Attorneys Whittel & Melton :: Woman Changing CD in Car Could Be Blamed for Deadly Collision" »

A 27-year-old Tampa, Florida woman and her unborn baby were killed Wednesday night after a car struck them from behind.

The woman and her unborn baby were taken to Tampa General Hospital where doctors performed an emergency cesarean section, but the baby died shortly after birth. The woman was pronounced dead at the hospital.

The woman, who was six months pregnant was supposedly with a 24-year-old woman pushing their baby girls in strollers down an unlit street Wednesday night when they were struck from behind by a car.

The 27-year-old woman and her 14-month-old daughter were transported by helicopter to Tampa General where the girl was being treated for life-threatening head and lung injuries. As of Thursday morning, the toddler was in critical condition.

The 24-year-old woman and her 22-month-old daughter were in stable condition at St. Joseph’s Hospital. The woman suffered a cut to the head and a knee injury, while her child suffered
superficial injuries.

The accident supposedly occurred at 7:44 p.m. on a stretch of road that has no sidewalk with the nearest street lights almost a block away.

According to police, the two women and their toddlers were hit by a 1999 Lincoln Continental as they crossed the street.

The front of the man’s car struck all four pedestrians. The man allegedly pulled over immediately and dialed 911.

The 25-year-old driver apparently did not see the pedestrians.

Tampa police allege the man was not speeding and had his headlights on. Blood was supposedly drawn from the driver at the scene as a matter of routine investigation.

The area where the tragic collision occurred is supposedly a known trouble spot. The accident has prompted the Tampa City Council to take action on what it can do to put in sidewalks.

The driver has supposedly received two speeding tickets within the past year, a seat belt violation and a conviction for failing to stop at a traffic sign or device, according to the Florida Department of Highway Safety and Motor Vehicles.

According to the Pedestrian and Bicycle Information Center, 4,092 lives were lost in pedestrian motor vehicle accidents in 2009. While the number of pedestrian deaths fell from 5,228 fatalities in 1998 to 4,092 in 2009, that number translates to almost 11 deaths every day of the year. According to the National Highway Traffic Safety Administration, in 2009 a pedestrian accident was reported every nine minutes on average, totaling 59,000 injuries.

Motorists must exercise reasonable care when behind the wheel of an automobile. A failure to do so is considered negligence. Driver negligence can occur due to several factors, the most common being:

• Inattentiveness

• Failure to follow posted speed limits

• Failure to yield the right of way to pedestrians

• Disobeying traffic signs or signals

• Failing to signal when executing a turn

• Paying no mind to traffic and weather conditions

• Driving under the influence of drugs or alcohol

A person suffering injuries from a pedestrian accident may be able to recover damages for past and future medical expenses, wage loss and pain and suffering. If the driver exercised extreme negligence, then punitive damages may also be sought. If a pedestrian dies, family members are entitled to recover compensation for their loss.

Despite how obvious a pedestrian accident was a driver’s fault, insurance companies almost always try to blame at least part of the fault on an injured party. For this reason, it is critical to act promptly and contact a Florida Pedestrian Accident Attorney so that crucial evidence can be preserved and that you and your family’s rights remain protected.

Continue reading "Tampa Pedestrian Wrongful Death Attorneys Whittel & Melton :: Woman and Unborn Baby Killed in Pedestrian Car Wreck; Toddler in Critical Condition" »

A one-year-old girl was taken to Tampa General Hospital Tuesday afternoon to be checked for injuries after she was trampled over by a minivan.

The 22-month-old child was supposedly standing on the porch of a Tampa, Florida home when the driver, a 28-year-old woman, got into her Chrysler minivan around 2:30 p.m.

Shortly after entering her van, the woman allegedly backed away from her home without noticing the child had toddled behind the vehicle.

The girl had no visible injuries, but was taken to the hospital to be checked out. She was supposedly alert and crying.

Investigators have preliminarily ruled the incident as an accident, according to the St. Petersburg Times.

In most back-over accidents the victims tend to be the elderly and young children. According to KidsAndCars.org, in the United States at least 50 children a week are involved in a back-over accident, 48 are treated for injuries in an emergency room and at least two are fatally injured. The National Highway Traffic Safety Administration evaluates that 292 deaths occur from back-over accidents yearly. Children less than five years old make up more than a third of those lives lost. More than one in four of back-over fatalities include those over 69. These two groups comprise almost a third of back-over fatalities.

Back-over accidents can cause serious injuries and even wrongful death. According to a study conducted by the Centers for Disease Control the percentages of the most common injuries from back-over accidents include:

• Contusions and Abrasions – 56%

• Leg and Arm Injuries – 53.6%

• Head, Face and Neck Injuries – 28%

• Fractures and Internal Injuries in Children Under 4 – 39.5%

• Fractures and Internal Injuries in Ages 10-14 – 17.5%

Collisions like back-over accidents can be highly emotional for families since a wide percentage of victims are children, and in many cases the driver is a relative, family friend or neighbor. According to the Insurance Institute for Highway Safety, 86 percent of drivers that hit children in a driveway back-over accident are friends of the family or family members. The Florida Back-Over Accident & Injury Attorneys at Whittel & Melton know that back-over accidents can be traumatic for everyone involved. Our staff can offer you and your loved ones the compassion you need during troubled times as well as the comprehensive legal advice and persistent representation needed for a personal injury or wrongful death case in the state of Florida.

Continue reading "Tampa, FL Back-Over Accident & Injury Attorneys Whittel & Melton :: Young Girl Backed Over By Minivan Taken to Hospital " »

A 54-year-old Tampa, Florida man is accused of partaking in some angry and aggressive driving after work on Monday afternoon.

According to reports, the man decided to take matters into his own hands because he was upset about “getting run off the road.”

According to WTSP.com, the man rammed a marked Tampa Airport Police cruiser before leading additional officers trailing him on a 3 and half mile chase in his 2007 Ford Mustang. Police reports allege the man hit at least five other motorists intentionally along the way.

When the man finally stopped his car, he supposedly climbed on top of his Mustang and began jumping from car to car, and then attempted to direct traffic.

Streams of phone calls were made by victims and witnesses to 911.

Tampa Police finally caught the man around 7:30 p.m. He allegedly stabbed an officer with his car keys before he was taken down.

The man was charged with two counts of aggravated battery on a law enforcement officer, obstructing an officer with violence and 16 counts aggravated battery with a deadly weapon for each time he slammed his car into someone else's vehicle.

It was not reported whether anyone was seriously injured during the incident.

The man was taken to Falkenburg Road Jail with bail set at $142,500.

Road rage can result in more than just property damage and personal injury. It can lead to all kinds of problematic situations, and even end with criminal implications. While the man in this case was arrested on criminal charges, any victims suffering injuries from his intentional aggression on the road have the option of further pursuing their injury claim in civil court to recover punitive damages. Punitive damages can be sought as a means to punish the wrongdoer when his or her actions demonstrate a willful wrongdoing despite possible penalties.

Unfortunately, road rage is an all too common problem throughout the United States. Many drivers take out their stress, anxiety and anger on other drivers without realizing the danger they pose to other motorists. In a study conducted by the AAA Foundation for Traffic Safety, it was found that more than 1,500 people are injured or killed every year as a result of road rage or aggressive driving. Dangerous driving is indeed a form of negligent or reckless behavior, which is unacceptable under any circumstances. Those who are careless of others safety on the roadways must be held accountable. If you have suffered injuries due to an accident involving road rage, you can count on the Florida Car Accident & Injury Lawyers at Whittel & Melton to be on your side and fight for what you rightfully deserve.

Road rage accidents can often take drivers by surprise, but there are ways to tell if road rage played a part in your wreck. Noticeable signs of aggressive driving include obscene gestures, flashing headlights, deliberate destruction of other cars and verbal or physical abuse. If you noticed any of these signs in your accident, or if evidence points to aggressive driving, you may have grounds for a personal injury claim.

Continue reading "Tampa, FL Car Accident & Injury Lawyers Whittel & Melton :: Angry Driver Unleashes a Bad Case of Road Rage During Afternoon Rush Hour" »

A 22-year-old woman from Putnam County, Florida and a baby were transported to Shands Hospital, at the University of Florida, Tuesday night following an accident that appears to be caused by the woman allegedly drifting off the road. The woman’s injuries have been listed as critical and the baby’s as serious.

According to the Gainesville Sun, the woman’s 1999 Ford Escort allegedly glided off the road at 7:57 p.m., hit a culvert and went airborne, overturning and landing on the roof. The two had to be cut out of the vehicle and a small fire was put out.

The woman was supposedly wearing her seat belt and the baby was confined in a child seat.
FHP is still investigating what caused the car to swerve off the road. Many times, this type of single car accident is caused by an unknown or “phantom” driver. If such an accident occurs, an injured party can make an insurance claim on their own “Under or Uninsured Motorist” Policy. This extra insurance protection provides an avenue of financial relief when it is unknown who causes an accident.

The National Highway Traffic Safety Administration (NHTSA) reported the leading cause of death for children 3 to 14 years old is motor vehicle accidents. In 2009, 179,000 sustained injuries in car crashes and 1,314 children ages 14 and younger were killed. Over course of 2009, Florida had 70 children age 14 or younger die in roadway accidents.

Wearing safety belts or using child seats, like the woman and infant in this accident, have been proven to reduce the risk of fatalities in vehicle accidents to infants by 71 percent and 54 percent for toddlers. In 2009, there were 5,366 children age 14 and younger involved in deadly passenger vehicle accidents in the United States. Statistics show that 46 percent of children who received lethal injuries were not restrained by a child seat or belt. Of those who sustained fatal injuries, 46% were unrestrained.

The NHTSA estimates that 9,310 children riding as a passenger in a vehicle have avoided fatal injuries by using child safety seats or seat belts over the last 3 decades. Following their simple suggestions could save your child’s life. For an infant, use a rear-facing car seat with a protective harness to reduce trauma on their delicate body. For a child between the ages of 1 to 3 years old, use a car seat that faces forward because the harness thwarts forward movements if a crash occurs. A child aged 4 to 7 should use a booster seat to assist with fitting into an adult seat belt. A child between the ages of 8 and 12 should always use a properly fitting seat belt, as should all other passengers and drivers.

Continue reading "Gainesville, FL Personal Injury Lawyer :: Baby in Serious Condition Following Single-Vehicle Alachua County Accident" »

The Florida Highway Patrol is investigating a Bronson, Florida pile-up critically injuring an Archer, FL teenager. According to the Levy County Journal, a 1999 Saturn driven by a Bronson man was stopped attempting to turn left at an intersection. A 2004 Ford pick-up truck driven by a 51-year-old Archer man rear-ended the Saturn causing severe damage to the back of the car leaving a back seat passenger with life threatening injuries.

After the pick-up smashed into the Saturn, a 26-year-old Archer woman driving a 2004 Honda traveling behind the Ford slammed into the rear of the pick-up truck.

The driver and front seat passenger of the Saturn allegedly suffered minor injuries. The other drivers according to the report did not sustain injuries. The teen was taken to Shands Hospital in Gainesville with grave injuries.

FHP from the Gainesville and Cross City Districts are continuing their investigation of the crash.

In 2007 the Florida Department of Transportation reported that vehicle accidents caused approximately 212,000 injuries resulting in 3,221 deaths. Car crashes are the most common form of automobile accidents in Florida and one of the top sources of personal injuries in the country. A car accident can be upsetting to the injured and their family, causing not only relentless physical and emotional damage, but financial difficulty also.

Depending on the seriousness of the injury, the National Safety Council reported that the standard cost of motor vehicle accident injury ranges from $24,400 to $62,500. These numbers include medical bills, lost wages from being out of work, loss of prospective salaries, and costs to repair or replace your vehicle. Many times insurance companies will want to arrange small financial settlements that will not cover past, present and future needs from the sustained injuries. If the teen in this story were to die from injuries from the accident this would be called wrongful death and his family could file a claim to compensate for medical bills, funeral and burial expenses, lost wages, pain and suffering and loss of the teen’s company and companionship. After FHP concludes their investigation it will be known if one or all parties can be held liable for the teen’s injuries.

Continue reading "Bronson, Florida Auto Accident Injury Attorney :: Levy County, FL Teen Injured in Three-Car Collision" »

Two teenagers were seriously injured when a van carrying six teens ran a stop sign and crashed into a car carrying two teens in Levy County on Feb. 17.

Three of the passengers from the 2000 Plymouth van were wearing seatbelts and suffered minor injuries, according to The Florida Highway Patrol. Two passengers in the van were allegedly not wearing seatbelts and suffered serious bodily injuries. All five of the passengers as well as the driver were taken to Shands at the University of Florida in Gainesville.

The other car involved in the collision was a 1999 Acura sedan. According to FHP, the driver and the passenger of the vehicle were taken to North Florida Regional Medical Center and suffered relatively minor injuries.

A trooper at the scene said that when the van ran through the stop sign, the right side of the van was hit by the front of the sedan. The van then spun off the road and the back of the van hit a corner fence post.

It is believed that the impact from the crash flung one of the passengers in the van not wearing a seatbelt through the back window of the van.

The driver of the van was cited for running a stop sign and driving with a passenger under the age of 18 not wearing a seatbelt, according to the Gainesville Sun.

Auto accidents are the most common cause of personal injury claims throughout the U.S. They are also the leading cause of death for all ages between 3 through 34, according to a 2006 analysis. In any investigation into cases like this, claims could be made by not only the driver and the passengers of the sedan allegedly not at fault, but also by all of the passengers in the at-fault vehicle. This accident may involve multiple insurance policies and an experienced insurance lawyer will be needed to enforce all of the rights of the injured against those policies.

Continue reading "Levy County, Florida Auto Injury Attorney :: Car Crash Leaves Two Teens Badly Injured" »

Whittel & Melton’s personal Injury law practice, (based in Hernando County, but practicing daily in Pasco, Pinellas, Hillsborough, Sumter, Lake, Marion, Orange and Alachua Counties), has taught us the unfortunate lesson to be very weary of other drivers during the holiday season.

Historically, we have seen the very worst of the driving public during this time and wanted to let the community know what steps we recommend taking immediately following an auto accident where someone may be injured. As an example, NHTSA (National Highway Traffic Safety Administration) has published studies showing from 2001-2005, there was an average of 36 deaths that occurred per day on America's roadways as a result of an alcohol impaired driver or DUI. During Christmas, this horrific number actually goes up to 45 per day and jumps even higher during the New Year’s holiday, to 54 deaths per day.

If you have been in an auto accident in Tampa, St. Petersburg, Dade City, New Port Richey, Spring Hill, Brooksville, Bushnell, Tavares, Orlando, The Villages, Ocala, Inverness, Crystal River, Gainesville or anywhere in Florida – taking the following steps will hopefully make a potentially scary and stressful situation something you can move forward from and not be taken advantage of. The worst part of being the victim of any car accident in Florida is when the Auto Insurance companies continue to victimize youby treating you as if you were looking to have such a problem in your life. Don’t be victim twice – read the below steps and let us know what we can do to help – 352-666-6666.

Whittel & Melton, LLC – Florida Personal Injury Lawyers

Step 1 – No matter who is at fault for the accident, call 9-1-1 and ask for assistance from law enforcement. This is a very important for several reasons. First, you will later want the best and most accurate record of the details of the accident from an unbiased source and FHP, Sheriff or local police department will hopefully complete some type of Florida Crash Report. Second, should there be any hurt feelings or bad attitudes at the scene, a law enforcement official can help keep the peace. Most importantly however, after a crash, your body is rushed with adrenaline and emotion and you really are the last person to make the assessment as to whether or not you need medical care – let someone else decide this – like EMS.

If for some reason, law enforcement does not appear at the crash scene and you are injured, find your own transportation to the hospital. Too often we have clients who needed immediate care, but waited for an ambulance that never appeared. Your health is the highest priority – get yourself to the hospital if needed.

Step 2 – To the extent physically possible, exchange as much information as possible with all other vehicles and any witnesses. Too often, very important eyewitness accounts are lost due to folks not taking appropriate notes.

Step 3 – Take Pictures. Unfortunately no matter how many witnesses or law enforcement reports, Insurance companies love to play devil’s advocate and suggest that somehow they are unable to do their job due to incomplete information. Like anything else, pictures are sometimes unavoidable versions of the truth. When applicable, you should not only take pictures of the accident scene, the vehicles involved, the local scenery around the accident, but also the actual injuries of those involved. Please keep a disposable camera in your vehicle for such an occasion. iPhones and Blackberry phones capable of taking pictures and/or video and emailing the contents are great options, too.

Step 4 – Contact your insurance company and report the accident. You do not need to get into details about the accident, whether or not you’re are hurt or whether or not you are seeing a doctor. Simply call your insurance company and report that the accident occurred, that you were involved, give them the Florida Crash report information or the other drivers information if you have it---and the simply let them know that your attorney will be in contact with them in the near future. This is important because you have contractual obligation to report the accident to your insurance company. Once you have reported the accident, our office can direct any future communication regarding the specifics involved in your case. Do not sign any documents or give any kind or recorded or unrecorded statements about the events of the accident without speaking to one of the personal injury lawyers at Whittel & Melton first.

Step 5 – Be sure that you have a medical doctor that you can see after any emergency care that you have been given. Too frequently our office hears from individuals who were injured in automobile accidents and state that they went to the emergency room and were told that they were fine and did not follow up with any physician---only to learn they had injuries which required surgery. What many folks don’t understand is that the doctors at the ER, although highly trained and very intelligent, are required to treat people to avoid tragic outcomes, like death and dismemberment. These emergency doctors are not well equipped to deal with pain and the necessary first steps of treating serious, although not life threatening, injuries. If you do not have a doctor you are comfortable seeing for your injuries, our staff would be happy to provide you some names of very component medical help in our community.

Step 6 – Of course, we need to see you as soon as possible. The fact of the matter is you could skip the first 5 steps and we could still help you, but the further along the way you are on steps 1-5, step 6, coming to see the auto injury attorneys at Whittel & Melton, will allow us to help you better.

Continue reading "What to do if you are in a car accident:: Spring Hill and Brooksville Auto Accident Lawyer Jason Melton Discusses Top Things to Remember if Injured in a Florida Car Crash" »

The Ocala Star Banner is reporting the tragic story of a little girl who was not restrained in a car seat and died in a car accident on her way to day care on Wednesday.

Florida Highway Patrol officials say the crash investigation is ongoing, but initial reports indicate that the Toyota Corolla that the child was in was heading south on U.S. 441 and entered into the left turn lane to turn into Living Waters Worship Center. The car allegedly made the turn and went into the path of a black Hyundai minivan heading north.

The driver of the van could not avoid the crash and struck the passenger side of the Toyota. Troopers say the minivan overturned on its passenger side in the grass on the east shoulder, while the car rotated and stopped at the church entrance.
Officials said the child was unrestrained and there was no car seat or booster seat in the vehicle.

An off-duty Marion County firefighter arrived at the crash scene, along with two unidentified firefighters and a sheriff’s deputy to assist with the crash. Firefighters and the deputy removed the child from the car and performed mouth-to-mouth resuscitation while the other two firefighters did chest compressions. She was later taken to Shands for treatment.

The Corolla driver was cited for failure to yield the rights of way, a traffic infraction. While this is not a criminal citation, as a former prosecutor I can tell you that these cases are taken very seriously by the State Attorney’s Office. These were some of the hardest cases to handle since it is hard to explain to family members that even though their loved one had died, there was no jail time available for the defendant who caused the crash. It is an accident and the Florida Criminal Statutes don’t punish people for accidental conduct, it punishes those who intentionally break the law. Also called traffic fatalities, these cases can subject the driver to driver’s license suspensions and large fines.

Here could also be civil liability for this case for wrongful death and negligence. This is a sad lesson on how even short trips to the grocery store or day care can be devastating if seatbelts and car seats aren’t utilized.

Continue reading "Girl dies in Ocala car accident; no seat belt or car seat" »

The Ocala Star Banner is reporting the tragic story of a little girl who was not restrained in a car seat and died in a car accident on her way to day care on Wednesday.

Florida Highway Patrol officials say the crash investigation is ongoing, but initial reports indicate that the Toyota Corolla that the child was in was heading south on U.S. 441 and entered into the left turn lane to turn into Living Waters Worship Center. The car allegedly made the turn and went into the path of a black Hyundai minivan heading north.

The driver of the van could not avoid the crash and struck the passenger side of the Toyota. Troopers say the minivan overturned on its passenger side in the grass on the east shoulder, while the car rotated and stopped at the church entrance.

Officials said the child was unrestrained and there was no car seat or booster seat in the vehicle.

An off-duty Marion County firefighter arrived at the crash scene, along with two unidentified firefighters and a sheriff’s deputy to assist with the crash. Firefighters and the deputy removed the child from the car and performed mouth-to-mouth resuscitation while the other two firefighters did chest compressions. She was later taken to Shands for treatment.

The Corolla driver was cited for failure to yield the rights of way, a traffic infraction. While this is not a criminal citation, as a former prosecutor I can tell you that these cases are taken very seriously by the State Attorney’s Office. These were some of the hardest cases to handle since it is hard to explain to family members that even though their loved one had died, there was no jail time available for the defendant who caused the crash. It is an accident and the Florida Criminal Statutes don’t punish people for accidental conduct, it punishes those who intentionally break the law. Also called traffic fatalities, these cases can subject the driver to driver’s license suspensions and large fines.

There could also be civil liability for this case for wrongful death and negligence. This is a sad lesson on how even short trips to the grocery store or day care can be devastating if seatbelts and car seats aren’t utilized.

Continue reading "Girl dies in Ocala car accident; no seat belt or car seat" »

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 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 " »

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 Whittel & Melton, LLC 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 news reports an 18-year old was in critical condition after a traffic crash landed him in Tampa General Hospital with serious injuries. According to the preliminary reports, the driver allegedly attempted to merge into traffic at State Road 54 from the shoulder and lost control of his Volkswagen. Ultimately his Volkswagen hit a utility pole and a tree according to the Florida Highway Patrol.

At the time of this post, neither the driver, nor any of other drivers were charged in the accident. It does appear that the 18-year old was wearing his seat belt, however, liability for the incident has not yet been determined from the State of Florida’s point of view.

Most drivers who are injured in accidents that they are written traffic citations for believe that they forbidden from recovery in civil court for injuries. In fact, the liability or fault of any accident rests solely with a jury and no insurance company or judge can ever tell someone that because they were ticketed that they aren’t entitled to compensation. It is well-settled under Florida law that the jury is the lone determiner of liability and to that end, the fact that a citation was written in an accident is actually inadmissible in a trial.

Continue reading "Wesley Chapel Personal Injury Lawyer news Update: Youth Injured in Pasco County Car Crash" »

Reports indicate that a Brooksville, FL car accident involving a 2003 Toyota resulted in a car slamming against a tree several miles east of town. Florida Highway Patrol is investigating this Brooksville car crash, but preliminary reports show that the accident only allegedly involved one motor vehicle.

Legally speaking, there are two probable legal actions which will accrue from this event. There could be wrongful death action if it can be shown by the personal representative of the estate of the driver that the accident was caused by another motorist or defect in the road or the car he was driving. In addition, the passenger of the vehicle has been listed in serious condition and would have a viable motor vehicle negligence action if applicable insurance policies exist. As a passenger, of course, it is extremely rare that any liability could be attributed to him, so the real legal issue is how much are his damages (injuries) worth and whether or not they can be linked to the accident (causation).

Many folks are confused by these types of cases, but as an example, the passenger of the motor vehicle could bring an action against the driver’s BI coverage and then, if applicable, could have a remedy available against both the driver’s UM and his own UM.

Continue reading "Brooksville Personal Injury Lawyer News Update: Driver Dies and Passenger in Serious Condition in Brooksville Car Accident" »

Hernando County authorities have been busy of late with pedestrians struck by Florida drivers. According to the Hernando Times’ Kyle Martin, a 35-year old Spring Hill woman was recently hit by a Jeep Laredo as she walked on the side of Amero Lane in Spring Hill--the unincorporated population center of Hernando County, Florida.

Reports indicate the Spring Hill woman’s condition is critical. It is unclear what the circumstances surrounding the pedestrian’s actions or the inaction of the driver to avoid the auto accident.

Spring Hill Personal Injury Lawyer Jason Melton represents victims of car crashes where a pedestrian is injured. Assuming the fault of the auto injury falls upon the driver of the Jeep Laredo, it is commonplace in such an accident that both the Bodily Injury (BI) Auto Insurance coverage of tort feasor (here, that would be the driver of the Jeep Laredo) and the Under or Uninsured Motorist (UM) Auto Insurance coverage of the injured party would come into play.

Continue reading "Pedestrian Critical after Spring Hill, FL Auto Accident" »

According to the Hernando Times, a 51 year old Brooksville, FL man was struck by an unknown automobile or truck on Broad Street while riding his bicycle. The man was discovered by a passing driver, but unfortunately he passed away at Brooksville Regional Hospital due to his injuries.

The driver of the offending vehicle, to date, has yet to be found.

When a car crash is caused by an unknown driver, it is commonly referred to as a “phantom vehicle.” This terminology is important when representing families on behalf of those seeking compensation for a lost loved one in a wrongful death lawsuit or a simple automobile injury case where the car or truck that caused the accident is unknown.

In Florida, there are two forms of financial protection from an accident such as this. First, every automobile insurance policy in Florida contains No Fault or PIP Benefits. These benefits can used for injuries despite who caused the the accident or thewhether the other car or truck driverhad insurance. But most importantly, this is a case where your Under or Uninsured Motorist Coverage can come into effect. Because a “Phantom Vehicle” is by definition not insured, your coverage will act in the place of this the phatom driver's carrier.

Continue reading "Brooksville, Florida Bicyclist Struck and Killed by Phantom Vehicle " »

According to the St. Pete Times, two cars crashed into one another on the Sun Coast or Veterans Expressway(SR589) in Pasco County. The motor vehicle accident left a 70-year-old woman dead and seriously injured a 64-year-old Spring Hill, FL man.

Under Florida Law, a Pasco County Auto Accident Lawyer will need to show that the injuries sustained by the Spring Hill, Florida man were permanent in order to collect pain and suffering from any applicable insurance policies. The lawyer for the family of the deceased victim will also need to be cognizant of the 2-year statute of limitations that covers any Pasco County Wrongful Death Lawsuit.

Continue reading "Pasco County Highway Auto Accident leaves one dead, one injured " »