October, 2011

Levy – Alachua – Marion County Car Accident & Injury Attorneys Whittel & Melton :: Ocala Driver and Passenger Injured as a Result of Driver Fatigue

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A 41-year-old Georgia woman riding shotgun in a 1982 Chevrolet pickup was critically injured in a single-vehicle crash in Levy County near Morriston, Florida early Saturday after the driver supposedly fell asleep at the wheel.

The driver, a 44-year-old Ocala man was seriously injured in the crash.

According to the Florida Highway Patrol, the pickup crossed southbound through traffic lanes, entered the grass shoulder, struck a concrete culvert and went airborne for approximately 64 feet before landing on its wheels.

The driver allegedly told troopers he dozed off before he lost control of the vehicle.

Neither party was wearing a seat belt, according to the crash report. They were both transported to Shands at the University of Florida in Gainesville.

FHP is further investigating the crash.

According to an AAA Foundation Study conducted in 2010, 41 percent of the population surveyed admitted to falling asleep behind the wheel at some point when operating a motor vehicle. This study was based on the results of a nationwide telephone survey of 2,000 drivers and the National Highway Transportation Safety Administration’s car accident facts over the past 10 years. Based on this information, the AAA Foundation found that a drowsy driver was the culprit of one out of every six fatal crashes and one out of eight collisions that result in serious injuries.

Driver fatigue can be caused by numerous factors other than not getting enough sleep at night, including:

• Prescription and over the counter medications with drowsiness as a side effect

• Consuming alcohol

• Sleep Disorders that are undiagnosed or untreated

• Driving Overnight

• Driving long distances without stopping for a rest

It is important to note that there are no measurable standards set in place to determine driver fatigue. The experienced Florida Car Accident & Injury Attorneys at Whittel & Melton can help gather evidence related to your accident to build a compelling case on your behalf. Depending on the facts related to your accident and injuries, you may be awarded compensation for medical bills, lost income and pain and suffering.

Drowsy driving is reckless driving and completely preventable. Sleep is a biological necessity for every human being and the ONLY cure for driver fatigue. The NHTSA estimates nearly 100,000 accidents each year are caused by fatigued drivers, resulting in approximately 1,550 fatalities, at least 40,000 injuries and an astounding $72.5 billion in financial losses. Drowsy driving accidents can have severe consequences for their victims, including disability and disfigurement, chronic pain, mental anguish, staggering medical bills and even wrongful death.

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Posted In: Alachua County , Drowsy Driving , Marion County

April, 2011

Ocala, Florida Workplace Accident Lawyer :: Ocala Man Dead After Being Crushed by Loader

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A 56-year-old Marion County father of three was killed Friday after a front-end loader fell on him while working at Construction Tire & Industrial Supply in Ocala, Florida. The Ocala Police Department and Ocala Fire Rescue Officials were on the scene shortly before 9:30 a.m.

According to the Ocala Star Banner, other employees had used a forklift to lift the front of the loader off the victim before rescue crews arrived. The man was airlifted to Shands at the University of Florida in Gainesville in critical condition. He was reported dead by Ocala Police officials around 1 p.m.

The deceased was changing a tire on the loader when the left side gave way and fell on top of him. He was trapped by the Volvo L90E wheel loader with an operating weight of 33,290 pounds.

Officials with OSHA in Jacksonville continued their investigations until the late afternoon.

Some jobs are naturally risky forms of work. Workers' Compensation laws happen to exist for the protection of employees who get injured on a work site or in the line of performing their jobs. Florida’s worker’s compensation does pay a portion of the injured worker’s wages and medical bills. Generally, these payments prohibit suing the employer, but when a third party is responsible, such as the builder of defective equipment and machinery, exceptions can be applied to hold other negligent individuals or businesses liable when they may have performed a task that caused the worker's injury to occur. These compensation laws also entitle family members of the deceased to death benefits.

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Posted In: Marion County , Worker's Compensation , Wrongful Death

January, 2011

Marion County, Florida Burn Injury Attorney :: Citra Woman Accused of Setting Boyfriend’s Genital Area On Fire

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January, 2011

A Marion County woman, 29, was arrested Saturday for allegedly pouring gasoline on her boyfriend’s genital area and setting him on fire.

The man was taken to Shands at the University of Florida in Gainesville with critical injuries. His condition is unknown as of Sunday morning, according to the Gainesville Sun.

The woman of Citra was charged with aggravated battery and taken to Marion County Jail. She was released Sunday morning on $10,000 bond.

According to a Marion County Sherriff’s report, the woman went looking for her boyfriend at his mother’s house. When she did not find him there, she tracked her boyfriend down at an Ocala man’s house. The man called the police to his house after a fight erupted between the woman and her boyfriend that resulted in her pouring a liquid on her boyfriend and allegedly lighting him on fire.

Upon police arrival at the scene, the boyfriend was covered with a blanket, kneeling in the yard. Deputies reported he had second- and third-degree burns on his genital area and torso.

A severe burn injury like the one this man endured is one of the most painful and complex injuries to recover from. Often critical burns leave the injured party with scarring and even disfigurement that can cause emotional trauma and anxiety.

Recovering from a severe burn injury is a long road that can include skin grafting, plastic surgery, reconstructive surgery, hospitalization and continued medical care. Despite the accident or injuries sustained, a knowledgeable personal injury attorney will be needed to try and gain you compensation for medical expenses, mental and emotional anguish, lost wages and more.

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Posted In: Burn Injury , Marion County

November, 2010

Girl dies in Ocala car accident; no seat belt or car seat

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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.

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Posted In: Car Accidents , Marion County

November, 2010

Girl dies in Ocala car accident; no seat belt or car seat

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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" »

Posted by Whittel & Melton, LLC | | Email This Post

Posted In: Car Accidents , Marion County

Jason M. Melton

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