Car Accidents

January 16, 2013

Tampa Bay Child Injury Lawyer :: Child Suffers Serious Head Injury after being hit by Car

by Whittel & Melton, LLC

Plant City, FL – A 6-year-old boy was struck by a car Monday afternoon just before 4:30 p.m. as he ran out into the street.

The child suffered a head injury. The boy is conscious, and authorities expect the child to be OK.

Police claim that the vehicle that struck the boy was not speeding at the time of the incident.

The accident took place on West Lowry Avenue in the neighborhood south of Reynolds Street, east of Woodrow Wilson Street.

Drivers must be on the lookout for children in the roadways at all times, especially near schools, residential areas, parks and bus stops. When motorists drive recklessly or become distracted, innocent children can be harmed. Sadly, the parents of nearly 630 children must mourn the loss of a child every year due to pedestrian motor vehicle accidents. An estimated 39,000 children suffer serious injuries each year in pedestrian accidents caused by negligent motorists.

If a child in your presence is struck by a car, you must know what to do in order to protect them from further harm. The following tips can help save a child’s life and make sure the careless driver is held accountable for their actions:

At the collision site:

• Never move a child that has been hit by an automobile. The child may have suffered serious and catastrophic injuries to the brain, neck, back or spinal cord, and moving them could result in further injury.
• If necessary, perform CPR.
• Dial 911.
• If the child is conscious, try and keep them awake and relaxed.
• Ask witnesses or bystanders to help get the at-fault driver’s information.

Following the accident:

• Once the child has been checked out by medical professionals and is safe, document exactly what you saw. Try and remember the details, as it is crucial for police and your attorney to have correct information.
• Keep any damaged clothing or personal items involved in the accident.
• Call a Tampa Child Injury Lawyer at Whittel & Melton – 813-221-3200.

December 8, 2012

South Florida Auto Accident Injury Attorney :: Two Killed, Three Critically Injured in Bus Crash at Miami Airport

by Whittel & Melton, LLC

Two passengers were killed and three critically injured last weekend when a too-tall charter bus crashed into the bottom of a concrete over pass at Miami International Airport.

The bus driver drove into the overpass despite multiple warning signs that told drivers the overpass could only accommodate vehicles under 8-feet-6-inches tall. The driver drove his 11-foot-high bus into the overpass, instantly killing an 86-year-old man and causing a 56-year-old man to die from injuries later at the hospital.

In total, three people were listed in critical condition. The 27 remaining passengers sustained various non-life threatening injuries.

Reports indicate that the bus was privately owned and had been chartered by the Sweetwater Kingdom Hall of Jehovah’s Witnesses church. The 32-person church group was headed to a convention in West Palm Beach.

The bus is owned by Miami Bus Service Corp. The company owns a total of three buses.

Federal Motor Carrier Safety Administration records show the company has had no previous violations for unsafe driving or controlled substances and alcohol. However, records did show the company received three citations related to driver fatigue in April 2011.

While bus accidents are not common occurrences, when these accidents do happen, they can bring immense tragedy. Hundreds of people every year are killed or seriously injured in bus accidents. Sadly, the injuries sustained in these types of accidents are often more devastating than injuries suffered in passenger vehicle accidents. This is partially due to the fact that most buses fail to provide passengers with seat belts.
Bus accidents can be caused by many factors, but primarily these accidents occur when bus companies fail to abide by safety protocols, improperly train drivers or fail to properly maintain their buses.

The injuries a passenger may suffer following a bus accident can range in severity, from minor to life-threatening and may include the following:

• Sprains
• Burns
• Abrasions
• Fractures
• Internal Injuries
• Traumatic Brain Injuries

• Spinal Cord Injuries

• Loss of Limbs or Disfigurement

• Wrongful Death

November 19, 2012

Florida Auto Accident Lawyer :: Drive Safe & Enjoy Your Thanksgiving Holiday

by Whittel & Melton, LLC

St. Petersburg, Florida – Thanksgiving is a wonderful time to spend with friends and family and reflect on all the blessings in our lives. Unfortunately, statistics do show that during this holiday weekend the number of car accidents drastically increase, making Thanksgiving one of the most dangerous and deadliest times to be on the road.

There were 337 motor vehicle fatalities throughout the U.S. during the 2010 Thanksgiving holiday, according to the National Highway Traffic Safety Administration. Last year, 431 traffic deaths were reported during this holiday period, which includes Wednesday evening through early Monday morning.

The American Auto Association has predicted that 43.6 million Americans will travel at least 50 miles this Thanksgiving, which is an increase in 0.7 percent from last year. Nearly 90 percent of travellers will be making their trips by car, making roadways across the United States busier than ever. With so many people choosing to drive, it is important to prepare yourself accordingly for holiday travel.

Here are a few tips you can follow to make sure you and your family arrive at your destinations safely:

1. Wear Your Seat Belt.

2. Make Sure You Are Well Rested Before Making a Long Trip.

3. Before Heading Out, Check the Weather Forecast.

4. Make Sure Your Car is in Good Working Condition before making any Trip. Check
the tires, battery and fill your gas tank.

5. Avoid Speeding and Careless or Distracted Driving. You will likely experience increased traffic volumes this year so make sure you give yourself plenty of time to get to your destination.

6. Never Drink and Drive. Avoid alcohol at your gatherings unless you have a safe way to get home. Be aware that other drivers sharing the roadways may have consumed alcoholic beverages, so be extra cautious this holiday weekend. Keep in mind that the Wednesday before Thanksgiving, also known as “Blackout Wednesday,” is one of the busiest drinking nights for college students returning home for the holiday. Understand that other drivers may not have safety as their number one priority.

November 12, 2012

Levy County Wrongful Death Attorney :: Chiefland Trucker Killed in Fiery Collision on I-75 in Tampa

by Whittel & Melton, LLC

A 44-year-old Chiefland truck driver was killed Nov. 2 in a fiery accident that closed northbound lanes of Interstate 75 near Fowler Avenue for six hours.

According to the Florida Highway Patrol, a 20-year-old Tampa woman was merging onto I-75 north when she crossed into the path of a Panama City man, 48, driving a semitrailer truck loaded down with cardboard boxes.

The driver of the semitrailer apparently swerved into the inside lane to avoid hitting the woman’s 2001 Ford Focus, but collided with the deceased man’s truck, which was carrying aluminum gussets.

The man was pronounced dead at the scene after his truck caught on fire in the median.

Unfortunately, accidents similar to the one in the story above are quite common and often fatal on Florida’s roadways. A truck accident can take a loved one from you in the blink of an eye. The pain, suffering and loss of a primary wage earner can be a truly devastating event for a family. A Chiefland, Florida Accidental Death Lawyer can help you and those close to you get through this challenging time. Many families believe that after the death of a loved one that they can handle the overwhelming matters that come along with a tragic accident like a truck crash themselves, but the reality is that you must think about funeral expenses, lost wages, medical expenses and other bills in addition to focusing on your own emotional recovery. This can often be too much for an individual or family to take on alone.

While nothing can bring back the death of a loved one, it is important for families to understand that they have legal recourse. Filing a wrongful death lawsuit can make sure all negligent parties are held accountable. A wrongful death lawyer at Whittel & Melton can investigate every aspect of an unfortunate truck accident. This can include analyzing the crash site, truck maintenance records, a driver’s log book and employee records. Further investigation may reveal multiple parties are to blame for your loss.

Even when every safety precaution is taken, a truck accident can be caused for any number of reasons, including:

• Driver Fatigue
• Inadequate Maintenance
• Driver Error
• Speeding
• Improperly Loaded Cargo

October 5, 2012

Volusia County Student Hit by Car Adds to Ongoing Problem of School-Area Crashes :: Whittel & Melton

by Whittel & Melton, LLC

A Deltona, Florida student became the 10th student to be injured this year after he was struck by a car while riding his bicycle Thursday morning.

The driver was cited in the crash.

While the 11th grader only suffered minor injuries, Volusia County school officials said that children being injured by cars – two fatally – has been an ongoing problem in the area for the last two academic years.

School and community leaders in the area began researching the problem after 27 students were involved in collisions in the 2011-2012 school year. School officials decided to combat the issue with heightened awareness and law enforcement around the county’s schools.

Drivers were found to be at fault in about half of the incidents, but students’ not looking before crossing the street seems to be a contributing factor as well, according to a schools spokeswoman.

Another high school student was hit by a driver Tuesday while getting off the bus.
The motorist heading in the opposite direction apparently failed to stop when the school bus signaled it was stopping by flashing its lights. The student suffered a broken leg.

None of the injuries this year have been fatal, just minor injuries from bumps and bruises to broken bones. The collisions took place while students were biking or walking within a mile of their school.

Out of the 27 injured last year, 10 accidents occurred in Orange City, where a high school student was killed as he was walking to school in February. He was one of two students killed.

A safety zone was implemented to control the high number of accidents. The majority of victims were middle school students, but children as young as third graders have suffered injuries.

As children head back to school, it is important for all drivers to be extra cautious of the increased number of children walking or biking on sidewalks and streets. According to the National Highway Traffic Safety Administration, 59,000 pedestrians were injured in 2009. Of those injured, 13,000 were age 14 and younger. When traveling through residential areas and school zones, it is essential for all drivers to be on the lookout for children walking, biking or playing in the street as it is not uncommon for kids to unexpectedly dart out into traffic.

As a parent, it is important to teach your children the rules of being a safe pedestrian. Regardless of whether you are walking to school with them or if they are making the trek solo, there are certain safety rules children should be aware of.

• How to Cross Safely at an Intersection. Teach your child to never cross the road unless there is an intersection or crosswalk. Not only is this a safety measure, but it is the law, so make sure they follow it accordingly.

• Always Cross the Street with an Adult. Children younger than 10 should never cross the street alone. If you are unable to accompany them on their jaunt to and from school make sure another adult is. Holding a child’s hand when crossing the street can prevent them from running off and into oncoming traffic.

• Safety in Numbers. If your child is older and capable of walking without you, it is best for them to do so with a group. This is for safety reasons, as it is easier for motorists to spot a group of children as opposed to one.

• Use Sidewalks When Possible. All pedestrians should use the sidewalk if one is available. If not, remind children to stay on the shoulder of the road, facing traffic and as far away from moving vehicles as possible. If your child is riding a bicycle, explain to them that different rules apply. Bikers must always ride with traffic.

• Always Look Left-Right-Left. Before crossing the street, children as well as adult should always look left, then right, then left again. Explain to children that they should follow this rule at all times in case negligent drivers fail to follow traffic laws.

• Traffic Signals. Teach your children what the traffic signals are and what they mean. Show them how the buttons work and when it is safe to cross. Constantly remind children that just because the signal may say it is safe to walk, they should always look left-right-left before venturing out into the crosswalk. Do this with your child every time you walk with them to enforce good habits.

August 13, 2012

Florida Ranks Dead Last in Insurance Regulation Report Card Due to Recent PIP Reform :: Whittel & Melton

by Whittel & Melton, LLC

In a state-by-state ranking of regulatory departments conducted by the R Street Institute, Florida received the lowest point total, receiving a grade of F, in the think tank’s first ever “report card.”

The report, released in June, compiled points through 14 categories, doling out the lowest point total of any state in the U.S. to Florida, -32 points.

According to Online Auto Insurance, Florida’s major deductions arose from the category of “politicization.” Point deductions were received by states where industry regulation was a main campaign topic. Florida was deducted 6 out of the maximum 10 points because of new changes in its personal injury protection coverage. This reform was a major campaign topic for Gov. Rick Scott who said the system was inflating car insurance rates in Florida.

Four other states were deducted the same amount of points or higher for the category of politicization.

While the institute did commend Florida’s efforts to change the PIP system, they added that the “comprehensive reform package” approved by legislators also presented certain rate restrictions. Under the new PIP system, insurers will have to explain why the reforms did not allow them to reduce rates by at least 10 percent by October 2012 and by at least 25 percent by January 2014.

Florida received additional low marks for how it handled territorial ratings. Florida is one of 10 states that allow insurers to use where a person lives to determine their rates. According to the institute, Florida “enforces restrictions on the use of territory that are much more stringent than the norm.” This finding resulted in a maximum deduction of 5 points in the report card’s “territorial rating” category. Florida’s territorial ratings were set in place in 2006.

While landing at the bottom of the pile, the Sunshine State still managed to perform well in other categories including “fraud enforcement” for which the state reaped the maximum number of five points. Only three other states were awarded the same points – New Jersey, New Mexico and California.

As of July the new PIP reform in Florida includes the following:

• Statewide anti-fraud task force
• Tougher licensing standards for medical clinics
• Wider use of long-form accidents reports
• Tougher penalties for providers caught defrauding the system
While these changes are in new policies now, drivers in Florida won’t see major changes to their PIP coverage until 2013. Starting Jan. 1, those injured in car accidents will have 14 days to seek initial treatment. Currently, there is no cutoff period for when an injury victim must obtain medical care. Additionally, only those diagnosed with an “emergency medical condition” by medical doctors, osteopathic physicians, dentists, physician assistants or advanced registered nurse practitioners will be eligible for the full $10,000 PIP benefit. Those suffering less serious injuries, will only receive $2,500, despite spending the same amount for this “no-fault” coverage. Note, Florida drivers will stay pay the same amount as before, only now receiving less coverage.

The benefits of the PIP changes could take months, possibly years to happen, so lawmakers have warned drivers not to expect their insurance rates to drop anytime soon. Insurers want to see if the number of fraudulent claims and lawsuits decrease before determining whether rates can be reduced without affecting their bottom lines. However, as part of the law, insurers must either decrease PIP premiums by 10 percent or clarify why they cannot by Oct. 1. Never mind of course, the amount of money insurance companies will pay on future PIP claims does not appear to be a consideration on whether or not our rates will be reduced…troubling.

June 19, 2012

Federal Authorities Shut Down 26 Curbside Bus Companies Due to Safety Violations :: Whittel & Melton

by Whittel & Melton, LLC

U.S. transportation safety regulators shut down 26 bus companies last month operating curbside bus routes primarily on the I-95 corridor, Florida and the East Coast for alleged safety violations.

This action is the result of a larger investigation into crashes in New York and New Jersey last year that killed 17 people.

Officials claim U.S. Transportation Department truck and bus regulators served shutdown notices to three companies and their affiliates – Apex Bus, Inc., I-95 Coach, Inc. and New Century Travel, Inc.

All other operators that received citations were apparently associated with one of the three companies.

Regulators cited multiple safety violations, including drivers without a valid commercial license and vehicles not regularly inspected or repaired.

The bus companies transported passengers along Interstate 95 from New York to Florida.

Despite previous orders to stop service, several operators were still in business and three other companies were attempting to apply for operating authority.

While the commercial bus industry maintains a good safety record, federal accident investigators have apparently been pushing the Transportation Department to toughen up.

The crackdown started as a result of an investigation into curbside bus services to East Coast cities from New York’s Chinatown last year. The investigation by local authorities stemmed from several fatal crashes occurring in the Bronx last year that killed 15 people and on the New Jersey Turnpike that killed two others.

Congress is apparently contemplating legislation that would provide U.S. safety officials with more authority and tools needed to regulate commercial bus operators.

Public transportation accidents happen every day, often resulting in serious personal injuries and even wrongful death. If you or someone you love was injured in a bus accident, it is important to understand your legal rights. You may be able to pursue compensation against the transportation provider for past and future medical expenses, pain and suffering, disability, disfigurement, lost wages and other expenses.

There are numerous organizations that can own and operate buses for public transportation, including government entities and school districts. Often bus companies and agencies have their own experts and attorneys that handle any mass transit accidents. However, these transit companies will often try and limit their responsibility for any damages you suffered whenever possible. The Florida Bus Accident Injury Attorneys at Whittel & Melton can guide you and your loved ones through the legal process required for you to recover complete compensation. We can make sure your rights are protected and that you are treated with the respect you deserve. Before you speak with an insurance or bus company representative, make sure to speak with the Florida Bus Accident Injury Lawyers at Whittel & Melton first.

May 11, 2012

Pasco County Auto Accident Attorneys Whittel & Melton :: One Killed, Two Critically Injured in Early Morning Pasco Crash

by Whittel & Melton, LLC

One person died and two others were seriously injured following a car accident early Saturday morning in Pasco County.

Authorities believe a 32-year-old Brooksville man lost control of his 1986 Corvette around 1 a.m., causing the vehicle to spin out of control.

The vehicle apparently rotated, rolled and landed on its roof. The man and two other passengers were thrown from the car.

All three occupants were apparently not wearing seat belts.

The Brooksville man was pronounced dead at the scene. His two passengers, a 28-year-old
Spring Hill woman and a 26-year-old Spring Hill woman, were taken to Bayonet Point Hospital with critical injuries.

No other details regarding the crash have been released.

The Florida Highway Patrol is investigating the crash.

An auto accident can change your life in an instant. Whether your accident was due to another driver’s negligence or possibly poor road maintenance, you deserve to be fairly compensated for your injuries. Losing control of a vehicle, speeding drivers, rear-end collisions, running stop signs or stop lights can all cause severe injuries. It does not matter what conditions led to your accident, if someone else was at fault, the Pasco County Auto Accident Attorneys can help you recover for your damages.

If injured in a car accident, it is best to contact a personal injury lawyer before accepting any settlement offer. At Whittel & Melton, we understand the significance of calculating the known and unknown costs of injury caused by another party. We can evaluate present and future losses including lost wages, property damage, medical and rehabilitative costs, passenger injuries and loss of quality or enjoyment of life. Whether it is moving forward with a serious injury, or the death of a loved one resulting from an auto collision, the Pasco County Auto Accident Attorneys in Florida can provide you with the support needed to lessen the burden.

We will investigate the possible causes of an accident, interview any witnesses, gather evidence and establish who is to blame. Depending on the facts associated with your case, we can negotiate on your behalf with insurance companies or help guide you through the court system.
As personal injury attorneys, our main goal is to attain just compensation for the losses you, and your family, endured.

May 7, 2012

Pinellas County Car Accident Lawyers Whittel & Melton :: St. Petersburg Police Officer Issued Careless Driving Citation for February Crash that Killed Man in Wheelchair

by Whittel & Melton, LLC

A 26-year-old St. Pete police officer was issued a careless driving citation Thursday for a February collision that left a man in a wheelchair dead.

Investigators claim the 45-year-old victim was impaired and had marijuana in his system when he crossed a street around 4:20 a.m. Feb. 19 apparently wearing dark clothing.

It was also determined that the officer was speeding in his marked police cruiser when the accident occurred. Police estimate the man was traveling at a speed of 61 mph in a 40 mph area.

He has a traffic court appearance scheduled for May 24.

The police officer has been with the department since October 2010. An internal affairs investigation is under way and the man has been placed on administrative leave.

The victim, who the report claims had a blood alcohol content of 0.136, became a quadriplegic in the 1980s after a car crash.

Operating a motor vehicle of any kind requires one’s total attention, awareness and motor skills. Someone driving off-road, speeding, racing, using a cell phone or not paying attention to traffic lights and stop signs can cause potentially devastating injuries to other drivers or people near the road. Unfortunately, reckless or careless drivers do not always admit they are to blame. Likewise, insurance companies can be hesitant to pay claims, even when liability is obvious. If you or a loved one was injured due to someone else’s careless driving, you deserve to be compensated for your losses. To receive the best opportunity in pursuing the full and fair compensation you deserve for physical, emotional and financial injuries, it is essential to speak to the Florida Car Accident Attorneys at Whittel & Melton.

Injuries sustained from careless or negligent driving accidents depend on the severity of the collision. In accidents occurring at lower speeds, soft tissue injuries such as whiplash, cuts lacerations and bruising are common. Following a negligent driving incident, a person may also suffer sprains, strains and connective tissue injuries. Head, neck, back and brain injuries are often the result of inattentive driving accidents occurring at higher speeds. In addition, very catastrophic and debilitating injuries resulting in loss of limbs, amputation, paralysis and wrongful death can be experienced in a careless driving accident.

At Whittel & Melton, our team of personal injury attorneys works with the most qualified accident reconstructionists available. By contacting us immediately, we can get to the accident site and gather crucial evidence, fully examine the scene and obtain any witness testimony. Our thorough examination and close analysis of the facts can make the difference in your case.

February 22, 2012

Florida Personal Injury Attorneys Whittel & Melton on How to Select a Committed Auto Accident Attorney in Brooksville, FL

by Whittel & Melton, LLC

The attorney you select to represent your interests following a motor vehicle accident can greatly influence the outcome of your case as well as your future financial security. When choosing a car accident attorney in Hernando County or Brooksville there can be a temptation to consider claims of past results, but be warned, every case is unique, and what the lawyers at Whittel & Melton understand is individual attention to each claim is the only recipe for success.

Whittel & Melton Provides Free Consultations

If you reside in Brooksville, Weeki Wachee or any other area in Hernando County and are suffering from injuries obtained in a car accident, the Brooksville Auto Accident Attorneys at Whittel & Melton may be able to assist you with recovering compensation for damages. The Law Offices of Whittel & Melton, LLC handles personal injury cases throughout the state of Florida, and offers a complimentary confidential consultation with a personal injury attorney to discuss the facts of your case.

Are you fighting to recover compensation stemming from an auto accident injury, but thought speaking to a personal injury attorney would be too expensive? The Personal Injury Attorneys at Whittel & Melton understand the anxiety and tension that go hand in hand with compensation claims, and that legal technicalities and insurance systems can often be overwhelming to you. Our car accident injury lawyers will listen to your needs and aggressively fight for a full and fair financial recovery on your behalf. When you contact Whittel & Melton, we assure you that you will speak directly with a Florida Personal Injury Attorney.

Do Not Delay in Contacting a Brooksville Car Accident Attorney

It is important to take action immediately following a car accident. The Florida Personal Injury Attorneys at Whittel & Melton can assess your claim and start protecting your rights and interests right away. Our attorneys can work with you to make sure critical evidence is preserved, any injuries are properly assessed and negotiate with insurance companies.

In the state of Florida, you only have four years from the date of the actual accident to file a personal injury claim. By waiting too long to secure legal counsel, you run the risk of receiving an insufficient settlement, or worse, the right to file claim at all.

Contact Your Personal Injury Lawyer in Brooksville Today!

If you or a family member has been the victim of an auto accident, then our personal injury attorneys in Brooksville can help you and your loved ones get on the road towards recovery. Our Brooksville Injury Lawyers can advocate on your behalf and guide you through the legal process to make sure maximum compensation is recovered for you and your family.

If you or a loved one is suffering from an auto accident injury in Brooksville, contact the Florida Personal Injury Attorneys at Whittel & Melton for a complimentary consultation. By contacting us, you will discuss your case with a personal injury lawyer and be able to move ahead with the rigorous representation needed to recover a full and fair settlement you and the ones you care for deserve. We can negotiate with insurance companies, and as trial attorneys, are fully prepared to aggressively pursue your right to compensation in the courtroom. If you have been hurt in a Brooksville auto collision, you should be properly compensated for your sufferings. At Whittel & Melton, our Florida Personal Injury Lawyers are dedicated to making sure you recover physically, emotionally and financially.

A dedicated personal injury attorney understands the financial limitations one faces after being involved in a car accident and suffering injuries. That is why, at Whittel & Melton, there are no fees or costs involved unless we recover reimbursements for you and your family. If you are a resident of Brooksville or any other surrounding area, contact the Law Offices of Whittel & Melton today to get started towards financial recovery for your injury claim.

As personal injury attorneys, we are here to navigate you through the legal process to successfully regain what is rightfully yours under the law. Contact Whittel & Melton to start the process associated with a compensation claim, so that you can gain the financial restoration you merit.