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" »

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 fixed wing single engine plane crash that occurred over the weekend in the Morriston area has resulted in two fatalities.

According to the Chiefland Citizen, the victims of the crash have not been positively identified as of yet.

A witness with more than 50 years of experience as a pilot supposedly saw the aircraft leave the private air strip called "Wing Field" shortly after 4:30 p.m. The witness alleges that the aircraft spit and sputtered before crashing into a heavily wooded area.

The Federal Aviation Administration and the National Transportation Safety Board are further investigating the incident.

According to the Levy County Sheriff’s Office, the cause of the crash remains unknown, but weather is not believed to have been a factor.

The most common airplane accidents tend to involve private planes, corporate jets and small chartered aircrafts. According to statistics from the National Transportation Safety Board, in 2008, general aviation had a lethal accident rate per 100,000 flight hours that was almost five times greater than the rate of accidents for commercial carriers. In 2009, more than 20 million flight hours were flown by general aviation aircrafts with 1,474 total accidents reported. A pilot’s level of experience undoubtedly plays a role in these numbers, but there can be other factors that can cause unfortunate mishaps in small plane accidents. The aircraft’s design, poor maintenance, a defective part, air traffic control negligence, weather and other factors can be the ultimate cause of a plane crash.

Due to the overwhelming circumstances involving small plane accidents, it is vital to understand that the investigations surrounding these accidents can be just as complex as major airline disasters. The legal issues involved with small plane accidents resulting in serious injuries or wrongful death are extremely complicated, so it is important to seek the aide of an experienced attorney if you believe aviation negligence played a role in you or a loved one’s crash.

Continue reading "Florida Aviation Plane Crash Wrongful Death Attorneys Whittel & Melton :: Two Die in Single Engine Plane Crash in Morriston, Levy County" »

The National Transportation Safety Board released a 14-page report on Monday citing a pair of employee errors as the main causes of a July, 5, 2009 monorail accident that killed a 21-year-old resort employee at Walt Disney World in Orlando, Florida.

The federal investigation has taken nearly two-and-a-half years to conclude that employee errors in combination with Walt Disney World’s lack of standard operating procedures contributed to the tragedy that occurred when one train traveling in reverse smashed into another.

The accident supposedly happened around 2 a.m. when Disney’s monorail train was shutting down for the night. One train was supposed to be exiting the Epcot loop and onto the “switch beam,” which required the train to be operated in reverse. The track switch was allegedly never activated which caused the train to reverse down the Epcot line and slam into another train killing the driver.

NTSB is not the first agency to cite Disney for its role in the accident. The U.S. Occupational Safety and Health Administration cited Disney with four safety violations in its initial review of the accident that resulted in a $35,200 fine to the resort. NTSB estimated property damage at around $24 million.

NTSB and OSHA concluded that an employee in the monorail’s maintenance shop failed to position the switch beam properly. It was supposedly found that the manager was operating as the monorail system’s coordinator temporarily and was not in the system’s control tower when the track-switch procedure happened, so he could not identify the problem with the track.

Disney was faulted in three areas.

First, investigators found that Disney did not require employees to follow a monorail operating guide which shows drivers how to properly drive in reverse in a forward-facing position.

Second, NTSB found that Disney did not have a policy that required the monorail central coordinator to be stationed in the control tower to monitor train movements. This was found to be a major error on Disney’s part since the tower is equipped with a grid showing how the monorail beams are aligned and an emergency shutdown switch to stop all movement in case of an emergency.

Third, Disney apparently allowed employees in the monorail shop to use the video monitors to confirm that a train was not already on the beam before activating the switch, instead of using them to validate that the track had actually been readjusted following a command.

All three issues were supposedly referred to in a series of policy changes made by Disney management in an effort to improve operations.

According to the chief safety officer at Disney, monorail system operations were already enhanced before receipt of the actual NTSB brief, which apparently offers no additional suggestions than what has already been imposed.

Commuter rail and train accidents do happen in Florida, despite the ultimate lack of commuter transportation throughout the state. Monorails are mostly located in vacation resorts throughout the U.S., but can also be found in airports, amusements parks and even business districts. When an employee of a city, state or privately owned monorail system is injured or killed on the job, worker’s compensation benefits can kick in for the victim’s family. This can include wage loss payments and any medical expenses, but like most legal claims there is a time cap on when a claim can be filed. If you are the family member or dependent of an employee who was killed from injuries sustained throughout the course of employment, the knowledgeable Florida Worker’s Compensation Attorneys at Whittel & Melton can inform you about workers' compensation death benefits that you and your family may be entitled to.

According to the Bureau of Labor Statistics, as of 2010, 4,547 fatal workplace injuries occurred across the United Stated, just faintly below the 4,551 fatalities that happened in 2009. At Whittel & Melton we recognize that a lawsuit cannot heal the loss of a loved one, but if the deceased was a wage earner and provider for the family, it is important to consider your future financial stability. Our attorneys can take on the burden of legal and financial matters so that you can focus on your family’s healing process. When a workplace accident caused the wrongful death of an employee, a spouse, child, parents or siblings may be entitled to benefits like monetary compensation. We may be able to help you recover compensation for:

• Medical and funeral expenses

• Loss of income and insurance or pension benefits

• Loss of companionship

• Punitive damages

Sometimes there are third party claims that factor into fatal workplace accidents. Third party claims involve a person or organization other than the injured party or his or her employer whose negligence may have contributed to an employee’s injuries or wrongful death. Third party claims can possibly provide more financial benefit to beneficiary dependents’ than what is typically available from workers’ compensation insurance.

Continue reading "Florida Wrongful Death Attorneys Whittel & Melton :: Disney’s Lack of Safety Protocols and Employee Errors Found to be Primary Causes of 2009 Monorail Fatality " »

A 53-year-old Live Oak, Florida man was instantly killed after being hit by a car on Oct. 16 while pushing a golf cart along a Suwanee County road.

According to Florida Highway Patrol, the man was pushing a 1990 EZ-Go golf cart when he was hit from behind by a 1999 Toyota sedan.

The man was pronounced dead shortly after 5:30 p.m. by the Suwannee County Fire Rescue.

Charges are pending following further investigation into the accident, according to FHP.

Motorized golf carts are not just limited to the putting green. In fact, while many people drive their carts to and from the course, some communities in Florida have designated these carts as their preferred mode of transportation. With the amount of people trading in their cars for carts, statistics show a surge in injuries and fatalities. According to The American Journal of Preventive Medicine, golf cart injuries have risen a whopping 132 percent from 1990 to 2006. Close to 150,000 people, varying in age from 2 months to 96 years, suffered injuries related to a golf cart accidents throughout this period . In 2009, more than 1,600 golf cart accidents in Florida were reported. The Florida Golf Cart Accident Attorneys at Whittel & Melton handle a wide range of golf cart accidents including, automobile collisions, intersection smash-ups, passenger ejections, pedestrian accidents, cart rollovers and country club or golfing accidents.

Golf carts have become much more powerful and faster over the years and are widely used at sporting events, hospitals, airports, parks, college campuses, businesses and military bases. Golf carts can reach speeds of up to 25 miles per hour and can travel 40 miles on a single battery charge, making them a popular ride choice for many residents of retirement and gated communities. Typically, golf carts are not subject to federal regulations and in some areas a driver’s license is not required to operate one. Since many golf carts lack stability mechanisms and safety features like seat belts, common injuries from an accident can include catastrophic injuries such as head and brain trauma, broken bones, neck and back injuries, injuries to the face or sternum, road rash, serious lacerations and fractures. The Florida Golf Cart Accident Attorneys at Whittel & Melton work hard to ensure that you and your loved ones get properly diagnosed and treated for any injuries and recover damages for any lasting disability or wrongful death.

Continue reading "Florida Golf Cart Accident Attorneys Whittel & Melton :: Man Pushing Golf Cart Killed in Accident" »

A 20-year-old Inverness, FL woman was killed in an all-terrain-vehicle accident Friday afternoon in Crystal River after the driver allegedly lost control of the vehicle, causing it to flip.

According to the Florida Highway Patrol, the woman’s 22-year-old boyfriend was driving the 2010 Polaris ATV around 4 p.m. in a field when the vehicle rotated, overturned onto its right side and then came to a halt against a fence.

The man and the woman were both ejected from the vehicle. The man suffered minor injuries.

An investigation into the crash is still underway.

According to the Consumer Product Safety Commission’s 2009 Annual Report of ATV-Related Deaths and Injuries, between the years of 1982 and 2009 there have been a total of 10,281 ATV-related deaths in the United States. The number of fatality reports increased 648 since the last annual report prepared by the CPSC in 2008. In the state of Florida, there were 361 ATV-related deaths from 1982-2006 and 86 reported deaths from 2007-2009; totaling 447 reported fatalities or 29 percent of all U.S. ATV-related deaths from 1982-2006.

ATVs are powerful vehicles with the potential for disaster and should never be treated as toys. These vehicles can travel at excess speeds of 60 miles per hour and can weigh more than 700 pounds. ATVs can easily tip or roll over and because the vehicle is usually operated in off-road conditions proper training is essential.

Any person found responsible for an ATV accident can be held liable for injuries and damages suffered by the victim of the collision. In the event of a wrongful death, the victim’s family may be entitled to compensation for pain and suffering, medical bills, loss of companionship, mental distress, lost wages and loss of earning potential. To receive fair compensation a rigid investigation needs to take place immediately so all evidence can be preserved, medical information can be obtained and any involved insurance parties can be notified to begin their examination.

Continue reading "Citrus County, FL Personal Injury Attorneys Whittel & Melton :: Woman Killed in Crystal River ATV Crash" »

Daytona Beach Shores police confirmed a two-year-old boy drowned at a hotel pool yesterday shortly after noon. The boy was apparently surrounded by many people in the pool, but went undetected underwater for nine minutes.

The boy was whisked out of the pool and transported to Halifax Health Medical Center in Daytona Beach, Florida where he was declared dead.

According to police, the case remains under investigation.

The Daytona Beach News-Journal reports six other drowning cases involving children under four have occurred this year in family swimming pools in Volusia County.

The U.S. Consumer Products Safety Commission just released its 2011 summer snapshot of drowning and near-drowning deaths across America, which reports that since Memorial Day there have been 48 drowning fatalities and 75 near-drowning accidents in 35 states across the country. Of those states, Florida ranks second with 13 total incidents. The Centers for Disease Control and Prevention has reported that drowning is the second leading cause of death amongst children under the age of 14.

A swimming fatality at a hotel, community, school or public pool needs to be investigated by qualified lawyers and investigators immediately. Similarly, a drowning at a neighbor’s home are frequently litigated as many communities hold homeowners responsible for safety precautions such as child access gates to prevent such events. If you feel you have an event worth investigating, call our firm immediately toll-free 866-608-5529.

When careless actions by the owners of a pool facility are carried out, tragic drowning accidents can occur to people of all ages. If you feel a negligent situation lead to the death of your loved one, contact Whittel & Melton for a free consultation to discuss the circumstances surrounding your case. We will work to establish whether the details you provide pinpoint a negligent party and then work towards gathering evidence to prove who is responsible for your family’s suffering.

Continue reading "Daytona Beach, Florida Drowning Fatality Attorneys :: A Two-Year-Old Boy Drowns in Hotel Swimming Pool" »

The Wrongful Death of a 70-year-old resident of The Villages occurred when a sport utility vehicle struck and killed the man while he crossed a Titusville street. He was visiting the Space Coast to see the launch of space shuttle Endeavour, which never launched due to technical difficulties.

According to Orlando reports, the man was hit, just before noon, by a 2002 Honda CRV. Investigators said that pedestrians were packed into the area and cars were parked on both sides of the four-lane highway where the accident occurred.

Police supposedly said the man was not in a crosswalk when he was hit. He was flown to Holmes Regional Medical Center where he was pronounced dead around 5 p.m.

An investigation into the crash is still underway and charges are pending against the driver. Alleged skid mark lengths at the scene indicate that speed may have been a factor that caused the collision.

Federal statistics show speed as a causal factor in one out of every three fatal car crashes. According to government statistics, the probability of death, disfigurement or debilitating injury doubles for every 10 mph over 50 mph. Speeding can reduce a driver's capability to maneuver securely around curves or objects in the roadway as well as lengthen the distance necessary to stop a vehicle in a crisis.

The severity of a motor vehicle crash increases with speed. Likewise, the effectiveness of automobile restraint devices and safety precautions, like air bags and seat belts weaken with amplified speed. Many drivers fail to see the grave dangers speeding creates. To many Florida drivers, accelerating speed to a few miles an hour over the speed limit is a suitable gamble, thinking the worst result could be a speeding ticket. However, the facts are crystal clear-driving too fast for certain settings or operating a vehicle excessively over the speed limit can kill you and others.

Continue reading "The Villages, Florida Accident Injury Attorney :: Villages Resident Killed by SUV While Waiting for Shuttle Launch" »

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.

Continue reading "Ocala, Florida Workplace Accident Lawyer :: Ocala Man Dead After Being Crushed by Loader" »

An adult male bicyclist was critically injured in Alachua County, Florida Monday after he was allegedly struck by a car, sending him through the windshield. The crash occurred around 3:45 p.m. on U.S. 441 near Micanopy, FL.

The highway was briefly closed so that a helicopter could land.

Cycling in Florida is very popular given that the weather allows for this activity to be enjoyed any time of year. In 2007 the Department of Highway Safety and Motor Vehicles reported that over 4,800 bicycle accidents resulted in 4,303 injuries and claimed the lives of 121 bicyclists. In its June 29, 2010 report the DHSMV showed that bicycle fatalities decreased 15 percent between 2008 and 2009 from 118 to 100.

A bicyclist injured on the roadways is usually the result of a careless or negligent driver. Cyclists sharing the road with motor vehicles can have complications such as limited sight lines and slower reaction times that can cause severe injuries or even wrongful death. Wrongful death occurs when another person’s negligence is the legal cause of an injury that leads to someone’s death that was otherwise avoidable. While different from murder, which is intentional, wrongful death is the result of an accident that transpired due to careless behavior or misconduct.

Continue reading "Gainesville, Florida Wrongful Death Attorney :: Bicyclist in Critical Condition Following Crash " »

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.

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

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" »

As reported by the Hernando Times, a local VFW commander and family man was driving his truck home and lost control, slamming the vehicle into a tree. According to the Florida Highway Patrol this single-car fatality is still under investigation, but preliminary notes show the accident to have occurred around 1 a.m.

It is not uncommon in single-car fatality crashes to learn that not all vehicles suddenly go out of control. If an investigation or reconstruction shows that a motor vehicle car crash is as a result of another driver or flaw in the road construction, design or engineering, than a Wrongful Death action could begin.

Often times, people ask, how you can make a financial recovery for a grieving family when a loved one dies at the hands of an unknown driver? Who do you sue? Simply put, this is exactly why when purchasing car insurance, one must purchase under or uninsured motorist protection or also called UM or UIM. For instance, in the above mentioned fact pattern, should it be learned that this driver was merely avoiding another driver who was traveling on the wrong side of the road, then by definition an action could be brought on behalf of the Personal Representative of the Estate of the deceased individual. Because we do not know the identity of the other driver, he is by definition underinsured or uninsured – in the injury legal community, we refer to this driver as a Phantom Vehicle.

In addition, there have been matters brought due to the lack of maintenance or the poor engineering of a road in a single car accident. These are more conventional legal actions, as the Florida Department of Transportation or the local County or Municipality will have hopefully have insurance for their roads and maintenance and engineering.

Continue reading "Hernando County Wrongful Death Attorney News Update: Hernando Beach, Florida Man Dies in Single Car Accident" »

Hernando County was stunned when 42-year old Captain Scott Bierwiler was struck and killed in a head-on collision with a Hernando County youth while driving to work.

Reports indicate that the Hernando County law enforcement official was traveling to work at 5:45 a.m. when a 16-year old driver crossed over the median with his parent’s Mitsubishi Montero. The accident occurred on Powell Road, just south of Brooksville, in unincorporated Hernando County.

Legally, a Wrongful Death action could be filed by the Personal Representative of the Estate of Captain Bierwiler against the family of the driver of the Mitsubishi vehicle. It is also possible that a potential Worker’s Compensation claim could be made against Hernando County Worker’s Compensation carrier.

Continue reading "Hernando County Wrongful Death Lawyer News Update: Hernando County Sheriff’s Captain Killed in Car Crash" »

A Brooksville, FL woman was killed when she was struck by a Hernando County motorist traveling on US 41. According to the Hernando Times, the Florida Highway Patrol is conducting a traffic fatality investigation and has yet to charge the Spring Hill, FL man who struck the 33-year old Brooksville woman as she attempted to walk across the busy street. Fatality investigations can take weeks or months to conclude.

On this same evening on the other side of Hernando County there was another fatal car accident, involving an 18 year old Spring Hill woman who was tansported to the hospital for injuries sustained whne she lost control of her motor vehicle while traveling on Mariner Blvd. in Spring Hill, Florida. Hernando County law enforcement estimated that that crash involved $25,0000 in property damage.

In all auto injury and wrongful death matters, a complete investigation must be conducted to assess the who is liable for the accident, applicable insurance coverage and the totality of the damages. The sooner a Hernando County Personal Injury Attorney is contacted, the better the car accident investigation will be.

Continue reading "Hernando County Auto Accidents injures one and leaves another dead " »