January, 2012

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

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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.

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Posted In: Car Accidents , Distracted Driving , Pasco County , Wrongful Death

October, 2011

New Port Richey, FL Traumatic Brain Injury Lawyers and Head Injury Attorneys Whittel & Melton :: Hudson Man Charged in December Crash that Killed a Passenger and Seriously Injured a Driver

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A 46-year-old Hudson, Florida man has been charged in a December accident that killed a woman and left a man with serious brain injuries.

The driver was allegedly intoxicated when he crashed his 2004 Lincoln sedan into a moped around 9:30 p.m. on Dec. 15. According to Tampabay.com, the impact of the collision instantly killed the passenger on the moped, a 27-year-old female from New Port Richey.

The 24-year-old driver of the moped was reported seriously injured according to Florida Highway Patrol and has had several brain surgeries since the crash.

The man responsible for the crash supposedly had a blood alcohol level of 0.095. He faces charges of DUI manslaughter, DUI with serious bodily injury and DUI with property damage. His bail was set at $16,000.

If you or a family member has suffered a traumatic brain injury caused by a DUI accident, you could be eligible to recover compensation for the brain or head injuries sustained. The Traumatic Brain Injury Lawyers at Whittel & Melton can help you and your loved ones obtain financial compensation for medical expenses, loss of benefits, lost wages, mental anguish, physical pain, medical equipment and rehabilitation fees.

The most common cause of a traumatic brain injury, or TBI, is an extreme blow or force delivered to the head. The National Institute for Health’s research shows that car accidents, which includes DUI-related collisions are responsible for around half of all TBIs in the U.S. annually. TBIs can take years for a victim to recover from, if there is a possibility for full recovery, and can affect a person’s speech, memory, mobility, concentration, personality, behavior and obviously capacity to earn a living.

TBIs can present themselves in a variety of ways, and it is important to note that you and the ones you care for have rights despite whether injuries can be seen. Brain damage is permanent and can have a wide range of physical, emotional and cognitive symptoms that can often be misunderstood. It is not uncommon for mild TBIs to be overlooked because it can take time for a victim of an accident to start showing signs of injury. Even the slightest brain injuries can have a lasting impact on the way a person lives his or her life. Warning signs associated with a TBI can include nausea, confusion, seizures, depression, personality changes, irritability and other types of behavioral and emotional problems. A TBI can range in seriousness from a mild concussion to permanent physical, mental and emotional impairments, coma, seizure disorders, paralysis and even wrongful death.

The Florida Brain and Head Injury Lawyers at Whittel & Melton recognize that brain trauma, like TBIs related to DUI wrecks, can create continuing aftereffects. Our staff and attorneys are well experienced working with experts in the fields of neuroanatomy, medicine and rehabilitation planning.

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Posted In: New Port Richey, FL , Pasco County , TBI

May, 2011

New Port Richey, Florida Maritime Injury Lawyer :: Florida Fish and Wildlife Conservation Commission Investigating Fatal Boat Accident

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The FWC is investigating a boat accident off the coast near Anclote Park that caused the death of a 55-year-old New Port Richey, Florida man. Three other passengers were tossed into the water, but were eventually rescued by Blue Fin Charter boat who also recovered the body of the deceased.

On April 16, 2011 the four boaters were making their way back from a day of fishing when their engine allegedly stopped working. Investigators said that the boaters attempted to anchor the vessel by throwing the anchor off the bow as the waters got rough. The boat was supposedly hit by a large wave that caused the vessel to tip over.

The boat sank into 20 feet of water while three passengers waded in the Gulf. None of the boaters’ were allegedly wearing life vests.

The charter boat that rescued the passengers was met by a USCG vessel at Anclote Park. The condition of the passengers was not released and an FWC spokesman said that it will be up to the medical examiner to determine the cause of death.

Florida has the highest number of registered boating vessels in the United States, according to the 2008 Florida Boating Accident Statistical Report. With a total of 657 reported accidents in 2008, Florida also has the highest number of boating accidents in the U.S. What was the main cause of boating fatalities in 2008? In Florida, the main cause of death amongst boaters was falling overboard. The numbers continue to grow every year.

With the spring and summer months ahead, it is important for Floridians to know the dangers of boating and the proper safety precautions to take when traveling the waterways. The risks of being in a boat accident or drowning are ever-present, so it is important to wear life jackets any time you are aboard a vessel, constantly check weather conditions, maneuver a boat at safe speeds and constantly check the engine and other mechanical equipment for any faults. One of the most important things to have onboard is life saving devices for yourself and all other passengers. If children are present, proper supervision should be given at all times.

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Posted In: Boating Fatality , Pasco County

March, 2011

New Port Richey, Florida Wrongful Death Attorney :: Hudson Woman Charged in Crash Killing a Triplet

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A 5-year-old girl was killed on Nov. 5 in her front yard after an enraged Hudson, Florida woman got behind the wheel of her car and sped away from her house after a fight with her boyfriend.

Florida Highway Patrol estimates that the Jeep accelerated to somewhere around 44 mph before the woman lost control of her vehicle. The collision site was about 50 paces from the woman’s home.

The Florida woman allegedly lost control of her vehicle and jumped a curb, flattened a neighbor’s mailbox and smashed into a neighbor’s yard. She then hit a parked truck and drove into a group of small children, including the triplets. Two of the three were hit.

The woman was allegedly ejected from the Jeep, which kept rolling and hit the triplets’ parents’ van parked in their driveway.

One of the two triplets was pronounced dead the following morning at St. Joseph’s Hospital in Tampa.

The other triplet hit by the accident suffered two weeks in the hospital with two broken clavicles, a broken pelvis, several broken ribs, a broken right leg, a collapsed lung and internal bleeding, according to the St. Petersburg Times.

The woman driving the vehicle suffered minor injuries. She faces criminal charges of vehicular homicide, reckless driving involving serious bodily injury and reckless driving involving property damage. She was issued infractions for no insurance, defective equipment and not wearing a seat belt.

The Hudson woman remained in Pasco County jail Friday evening with bail set at $15, 250.

Most motor vehicle accidents are unintentional and due to a driver’s distraction, which in this woman’s case was frustration from a disagreement with her boyfriend. For the vehicular homicide charge this woman is facing a Second Degree Felony with high fines and a maximum sentence of 15 years imprisonment along with a license revocation for a three-year minimum.

A wrongful death can transpire when the actions of a person are found to be negligent and the legal cause of another individual’s injury ultimately leading to death that could have been avoided. Under Florida law, the victim’s family would need to file a lawsuit within two years of the accident. Other forms of civil lawsuits must be filed in four years, so it is important for the family to act swiftly if they choose to file a claim so they do not lose the ability to do so.

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Posted In: Pasco County , Wrongful Death

Jason M. Melton

Personal Injury Lawyer

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