Car Accidents

July 29, 2009

Pinellas County Accident Lawyer update:: Man dies after car malfunctions

by Whittel & Melton, LLC

Tampabay.com is reporting that a 74-year-old man died Tuesday afternoon after he was forced to exit his car to address his car’s mechanical issues. According to the report, the man got out of the car but then collapsed into the road. Sadly, he later died at Northside Hospital.

The Florida Highway Patrol’s investigation into the accident reveals that the man was driving eastbound on 54th Avenue N approaching 28th Street N, and when the car came to the intersection, something malfunctioned and the car shut down. Troopers say that when the man left the car he “suffered a medical condition” and fell to the ground. They are still investigating.

July 27, 2009

Spring Hill Car Accident Attorney news update :: One upside of bad economy may be fewer traffic deaths

by Whittel & Melton, LLC

According to TampaBay.com, Florida’s roads are the safest they have been in years, and some credit this trend to the bad economy.

The state’s traffic deaths dropped in 2008 to their lowest level in eight years, according to the Florida Department of Highway Safety and Motor Vehicles. In addition, traffic fatalities dropped 7 percent from 3,221 deaths in 2007 to 2,983 in 2008. And it was the first time traffic deaths have dropped below 3,000 since 2000.

Experts say that these trends are attributable to people cutting back on travel, entertainment and gas. People aren’t having that extra drink that could cause them to drive impaired or they are not going out to eat at all. Many people—an estimated 12 percent in Hernando County– no longer have a job to drive to everyday. All of these factors contribute to less cars on the road and less accidents.

However, according to the report, Hernando County Motorcycle injuries rose–specifically, motorcycle injuries went from 99 to 122, a 23 percent increase in 2008. Some experts attribute this to the poor economy also. To save gas, more people may be opting to ride motorcycles, rather than drive cars.

March 24, 2009

Wesley Chapel Personal Injury Lawyer news Update: Youth Injured in Pasco County Car Crash

by Whittel & Melton, LLC

According to news reports, an 18-year-old was in critical condition after a traffic crash landed him in Tampa General Hospital with serious injuries. According to the preliminary reports, the driver allegedly attempted to merge into traffic at State Road 54 from the shoulder and lost control of his Volkswagen. Ultimately, according to the Florida Highway Patrol, his Volkswagen hit a utility pole and a tree.

At the time of this post, neither the driver nor any of the other drivers were charged in the accident. It does appear that the 18-year-old was wearing his seat belt; however, liability for the incident has not yet been determined from the State of Florida’s point of view.

Most drivers who are injured in accidents have written traffic citations to believe that they are forbidden from recovery in civil court for injuries. In fact, the liability or fault of any accident rests solely with a jury, and no insurance company or judge can ever tell someone that because they were ticketed, they aren’t entitled to compensation.

It is well-settled under Florida law that the jury is the lone determiner of liability. To that end, the fact that a citation was written in an accident is inadmissible in a trial.

March 17, 2009

Brooksville Personal Injury Lawyer News Update: Driver Dies and Passenger in Serious Condition in Brooksville Car Accident

by Whittel & Melton, LLC

Reports indicate that a Brooksville, FL car accident involving a 2003 Toyota resulted in a car slamming against a tree several miles east of town. Florida Highway Patrol is investigating this Brooksville car crash, but preliminary reports show that the accident only allegedly involved one motor vehicle.

Legally speaking, there are two probable legal actions which will accrue from this event. There could be wrongful death action if it can be shown by the personal representative of the estate of the driver that the accident was caused by another motorist or defect in the road or the car he was driving. In addition, the passenger of the vehicle has been listed in serious condition and would have a viable motor vehicle negligence action if applicable insurance policies exist. As a passenger, of course, it is extremely rare that any liability could be attributed to him, so the real legal issue is how much are his damages (injuries) worth and whether or not they can be linked to the accident (causation).

Many folks are confused by these types of cases, but as an example, the passenger of the motor vehicle could bring an action against the driver’s BI coverage and then, if applicable, could have a remedy available against both the driver’s UM and his own UM.

February 27, 2009

Pedestrian Critical after Spring Hill, FL Auto Accident

by Whittel & Melton, LLC

Hernando County authorities have been busy of late with pedestrians struck by Florida drivers. According to the Hernando Times’ Kyle Martin, a 35-year old Spring Hill woman was recently hit by a Jeep Laredo as she walked on the side of Amero Lane in Spring Hill–the unincorporated population center of Hernando County, Florida.

Reports indicate the Spring Hill woman’s condition is critical. It is unclear what the circumstances surrounding the pedestrian’s actions or the inaction of the driver to avoid the auto accident.

Spring Hill Personal Injury Lawyer Jason Melton represents victims of car crashes where a pedestrian is injured. Assuming the fault of the auto injury falls upon the driver of the Jeep Laredo, it is commonplace in such an accident that both the Bodily Injury (BI) Auto Insurance coverage of tort feasor (here, that would be the driver of the Jeep Laredo) and the Under or Uninsured Motorist (UM) Auto Insurance coverage of the injured party would come into play.

February 15, 2009

Brooksville, Florida Bicyclist Struck and Killed by Phantom Vehicle

by Whittel & Melton, LLC

According to the Hernando Times, a 51 year old Brooksville, FL man was struck by an unknown automobile or truck on Broad Street while riding his bicycle. The man was discovered by a passing driver, but unfortunately he passed away at Brooksville Regional Hospital due to his injuries.

The driver of the offending vehicle, to date, has yet to be found.

When a car crash is caused by an unknown driver, it is commonly referred to as a “phantom vehicle.” This terminology is important when representing families on behalf of those seeking compensation for a lost loved one in a wrongful death lawsuit or a simple automobile injury case where the car or truck that caused the accident is unknown.

In Florida, there are two forms of financial protection from an accident such as this. First, every automobile insurance policy in Florida contains No Fault or PIP Benefits. These benefits can used for injuries despite who caused the the accident or thewhether the other car or truck driverhad insurance. But most importantly, this is a case where your Under or Uninsured Motorist Coverage can come into effect. Because a “Phantom Vehicle” is by definition not insured, your coverage will act in the place of this the phatom driver’s carrier.

February 14, 2009

Pasco County Highway Auto Accident leaves one dead, one injured

by Whittel & Melton, LLC

According to the St. Pete Times, two cars crashed into one another on the Sun Coast or Veterans Expressway(SR589) in Pasco County. The motor vehicle accident left a 70-year-old woman dead and seriously injured a 64-year-old Spring Hill, FL man.

Under Florida Law, a Pasco County Auto Accident Lawyer will need to show that the injuries sustained by the Spring Hill, Florida man were permanent in order to collect pain and suffering from any applicable insurance policies. The lawyer for the family of the deceased victim will also need to be cognizant of the 2-year statute of limitations that covers any Pasco County Wrongful Death Lawsuit.