Wrongful Death

March 12, 2012

Hernando County, Florida Fatal Motorcycle Accident Attorneys Whittel & Melton :: Pennsylvania Motorcyclist Killed in Hernando Beach Collision

by Whittel & Melton, LLC

A 36-year-old Pennsylvania man was killed Sunday night in Hernando Beach after a collision with car launched him from his motorcycle.

The man was driving his Kawasaki motorcycle around 9:40 p.m. when a 2008 BMW sedan apparently attempted to turn left in front of him.

According to troopers, the driver of the BMW turned into the motorcyclists’ path causing him to crash into the side of the vehicle sending him flying from his motorcycle. The man landed in the middle of the road. He was pronounced dead at the scene.

Troopers noted that the man was wearing a helmet.

The investigation remains underway.

Riding a motorcycle is an increasingly popular activity in the state of Florida and motorcycle registrations are on the rise. Despite their popularity, motorcycles are a potentially dangerous undertaking. With little to no protection, motorcycle riders are unfortunately at greater risk for injuries when they are involved in accidents with other cars. Due to motorcycles lacking the steel frame and other safety features that are standard in cars, injuries resulting from a collision are usually severe and can include:

• Brain Damage
• Paralysis
• Road Rash
• Spinal Cord Damage
• Broken Bones
• Wrongful Death

Numerous motorcycle accidents involve another vehicle. Often, these accidents involve a negligent motorist turning in front of or pulling out into an unexpected motorcyclist’s path, violating their right-of-way. As a result, the motorcyclist has simply two options, either crash into the car or crash trying to avoid the vehicle. In a majority of these cases, most motorists never even see the motorcycle, or take notice too late to dodge the crash.

If you have lost someone you care for in a motorcycle accident due to negligence, you should not be subject to financial hardship in addition to your grief. Under Florida law, you may be entitled to compensation for medical expenses, loss of future earnings, loss of companionship and other damages. The Florida Fatal Motorcycle Accident Attorneys at Whittel & Melton understand that losing a loved one is never easy. We can explain the best strategies for winning full and fair compensation from all negligent parties, including reckless drivers, speeding motorists and manufacturers of defective equipment. At Whittel & Melton, we will fight for justice in your case no matter what the circumstances.

March 8, 2012

Florida Trucking & Tractor-Trailer Accident Attorneys Whittel & Melton :: Man Killed After Semi Collides into Motorcycle, Causing Three Separate Crashes

by Whittel & Melton, LLC

A tractor-trailer slammed into a motorcycle on U.S. Highway 27 in Polk County this week, resulting in the death of one person and causing a chain reaction of crashes.

In total, three separate crashes involving nine vehicles occurred in the Lake Wales area.

According to a Polk County Sheriff’s Office spokeswoman, the semi was traveling south when it drifted into the northbound lanes around 5:30 a.m. apparently due to poor visibility.

The tractor-trailer smashed into a motorcycle and a Ford Expedition. The 47-year-old motorcyclist was pronounced dead at the scene. The driver of the Expedition was transported to Lakeland Regional Medical Center in critical condition.

A second crash occurred in a northbound lane just south of the first involving a Chrysler minivan, a Toyota RAV-4, a Dodge Charger and a Ford pickup truck. All occupants of the vehicles were taken to hospitals. Their injuries were not considered serious.

No one was apparently injured in a third crash that occurred in the southbound lanes, involving a Mitsubishi car and a Ford Taurus.

Authorities claim the poor visibility that caused the stream of collisions was the result of fog or smoke from a controlled burn about 1.5 miles away.

The series of collisions remain under investigation.

Every year across the United States more than 5,000 motorists die in large truck collisions, including collisions with tractor-trailers and semis. The aftermath of an accident involving a semi-truck can be disastrous, often leaving survivors of the crash with serious injuries that could take weeks, months or even years to recover from. The Florida Semi Truck Accident Lawyers at Whittel & Melton provide victims of big-rig accidents the legal representation they need to recover damages. We also offer representation to families who have unexpectedly and tragically lost their loved ones in a fatal tractor-trailer accident.

A semi-truck can weight approximately 80,000 pounds, and sustaining this type of impact can leave motorists and their passengers suffering from catastrophic injuries. Catastrophic injuries are life-threatening injuries that can leave a victim with an altered physical appearance, mental disabilities and physical impairments. In fact, some catastrophic injuries may never fully heal.
Many catastrophic injuries lead to wrongful death. Catastrophic injuries include:

• Traumatic Brain Injuries
• Neurological Disorders
• Burn Injuries
• Neck Injuries
• Amputation
• Head Injuries
• Spinal Cord Injuries
• Paralysis

Tractor-trailer accident victims can suffer from numerous injuries, including more minor injuries such as:

• Whiplash
• Broken Bones
• Sprains and Strains
• Cuts and Scrapes
• Deep Gashes

One of the most important things you can do after a Florida truck accident is to protect yourself and your loved ones from any further damage. This includes contacting a truck accident attorney to guide you through the legal process. While this may seem overwhelming, the Florida Semi Truck Accident Lawyers at Whittel & Melton can make sure you and your family receives the money needed for medical expenses, pain and suffering, lost earnings, emotional suffering and other damages.

January 30, 2012

Gainesville Multiple Vehicle Accident Attorneys Whittel & Melton :: Smog Pileup Kills At Least 10 People in Alachua County

by Whittel & Melton, LLC

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.

January 27, 2012

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

by Whittel & Melton, LLC

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.

December 5, 2011

Distracted Driving Wrongful Death Attorneys Whittel & Melton :: Woman Changing CD in Car Could Be Blamed for Deadly Collision

by Whittel & Melton, LLC

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.

November 28, 2011

Tampa Pedestrian Wrongful Death Attorneys Whittel & Melton :: Woman and Unborn Baby Killed in Pedestrian Car Wreck; Toddler in Critical Condition

by Whittel & Melton, LLC

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.

November 22, 2011

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

by Whittel & Melton, LLC

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.

November 2, 2011

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

by Whittel & Melton, LLC

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.

October 31, 2011

Florida Golf Cart Accident Attorneys Whittel & Melton :: Man Pushing Golf Cart Killed in Accident

by Whittel & Melton, LLC

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.

July 21, 2011

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

by Whittel & Melton, LLC

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.