Car Accidents

October 2, 2011

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

by Whittel & Melton, LLC

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

According to reports, the man decided to take matters into his own hands because he was upset about “getting run off the road.”
According to WTSP.com, the man rammed a marked Tampa Airport Police cruiser before leading additional officers trailing him on a 3 and half mile chase in his 2007 Ford Mustang. Police reports allege the man hit at least five other motorists intentionally along the way.

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

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

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

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

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

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

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

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

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

April 22, 2011

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

by Whittel & Melton, LLC

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

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

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

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

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

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

March 23, 2011

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

by Whittel & Melton, LLC

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

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

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

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

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

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

February 25, 2011

Levy County, Florida Auto Injury Attorney :: Car Crash Leaves Two Teens Badly Injured

by Whittel & Melton, LLC

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

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

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

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

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

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

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

December 2, 2010

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

by Whittel & Melton, LLC

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

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

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

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

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

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

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

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

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

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

November 19, 2010

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

by Whittel & Melton, LLC

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.

July 26, 2010

Florida ATV Injury Lawyer Jason Melton discusses Hernando County ATV Crash that Kills One and Injures Seven

by Whittel & Melton, LLC

In a tragic turn of events, just west of the Sumter – Hernando County line near US Hwy 301, one person is dead and seven are injured. As reported by the Hernando Today, the driver of an all-terrain vehicle crashed into an SUV just prior to 10:30 p.m. this past Saturday evening.

ATV accidents are unfortunately an area that Florida Personal Injury lawyers are all to familiar with, as often times, accidents involving ATV’s involve major injuries and often times death.

Due to the limited safety apparatus’ involved in the use of ATV’s and quite simply, the relatively minor age of the drivers, mistakes are compounded and injuries are far more severe than auto accidents.

Generally speaking, ATV’s can be covered by one’s existing auto insurance coverage. However, it is not uncommon for an Auto Insurance Carrier to create exclusions in their standard auto insurance policy for accidents just like this.

Should the passengers of the SUV be looking for insurance monies to cover medical bills, it is a bit more complicated. The SUV was carrying six (6) passengers. In an accident like this, it will be important for the injured persons of the SUV to look not only to the insurance policy, if any, of the ATV, but also if there exists any Under-Insured or Un-Insured Motorists (UM) Coverage by the driver of the SUV and lastly if the passenger themselves (or parents in some cases) have UM coverage.

November 9, 2009

University of Florida grad tragically dies in Gainesville Car Accident

by Whittel & Melton, LLC

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.

October 9, 2009

Jury sends message with $330 million verdict in Brooksville DUI case

by Whittel & Melton, LLC

This Wednesday, a Brooksville jury awarded Angela Stone, a mother who lost her 12-year-old daughter in a DUI crash, $330 million in civil damages for wrongful death. This verdict is believed to be the largest award of its kind in Hernando County history. Tony Marrero from the St. Petersburg Times interviewed the jury foreperson after the verdict was rendered and she said that the award was so large because the jury felt that “Nothing can compensate her [the mother]…but if the figure that sits in the newspaper looks so enormous it stops one person and spares one family that kind of tragedy, it’s enough.”

The Defendant, Christopher Marcone is already serving 13 years in Florida State prison for DUI manslaughter. It is unlikely that Ms. Stone will recover the entirety of the $330 million, since the defendant is incarcerated, but that’s not really the point.

What’s important to take away from this case is that many people do not know what rights they have when they lose a loved one to a DUI crash. When someone dies in a DUI accident caused by another driver, the personal representative from the decedant’s estate has the ability to file a wrongful death lawsuit and to ask for punitive damages, not just compensatory damages. Under Florida law, there is no cap on punitive damages. However, there is a sort of “race to the courts” in wrongful death cases because the estate representative has only two (2) years to file their lawsuit. And in order to do this, they must first set up an estate on their loved one’s behalf to be able to sue.

August 27, 2009

Hernando Car Accident Attorney Report :: Florida Highway Patrol cites more than 1,000 red light violations

by Whittel & Melton, LLC

This week, the Florida Highway Patrol announced the results of the law enforcement initiative that focused on drivers who run red lights. FHP participated in the National Stop On Red Week, and troopers issued 1,190 red light citations along with other citations for poor driving behavior–such as speeding and failure to wear a safety belt.

Last year, red light running in Florida led to 76 fatalities and 7,100 car accidents where property or people were injured. According to the FHP, the leading excuse offered by drivers for running a red light is “being in a hurry.”

If you have been injured in a Hernando County car accident, you need an experienced attorney to fight for your rights. The attorneys at Whittel & Melton, LLC seek a fair settlement in every case we handle, and build every case with an eye toward trial so that when drivers–and the insurance companies that represent drivers–do not make a fair settlement offer, we can fight for you in court. If you were hurt in a motor vehicle accident, contact us online or call 1-866-608-5529.