Florida Personal Injury Lawyers Blog

June 24, 2014

June is National Safety Month – Week 4: Putting an End to Distracted Driving

by Whittel & Melton, LLC

There are way too many drivers in Florida and across the United States that are taking their eyes off the road while behind the wheel and placing lives at risk. That is why officials with the National Safety Council have dedicated week four of National Safety Month to putting an end to distracted driving.

Our Florida Auto Accident Attorneys at Whittel & Melton know that thousands are killed each and every year as a result of drivers using cell phones while driving and engaging in other distractions. According to Distraction.gov, 3,328 people were killed in distraction-affected crashes in 2012. In that same year, another 421,000 people were injured in motor vehicle crashes involving a distracted driver.

While it may seem shocking, officials estimate that around 20 percent of all injury accidents involve a distracted driver. And these are just the accidents that are reported. Officials believe that the real number is much higher due to the fact that most drivers do not openly admit that they were irresponsible and that their distracted driving caused an accident.

To help put an end to this deadly driving behavior, officials with the NSC are asking drivers to:

Place cell phones and hand held devices out of sight while operating a motor vehicle. Place your phone in the back seat, in a purse or briefcase or in the glove compartment. When your phone is out of sight, it’s also out of mind.
Familiarize yourself with the dangers of distracted driving. The more you are aware of and understand, the less likely you are to engage in these risky behaviors.
Spread the word! Talk with your friends, family members and neighbors in your community about how dangerous distracted driving is. Changing driver behaviors is a group effort.
If you are on the phone with someone while they are driving, tell them that you will speak with them once they have stopped at a safe location.
Pledge to drive cell phone free. Encourage your friends and family members to do the same. Taking just this small step is all part of creating a larger change.

The truth is that drivers who use cell phones and hand held devices are about four times more likely to get into a serious crash resulting in injuries than drivers who put their cell phones away. Likewise, texting drivers are about 23 times more likely to get into an accident.

June 19, 2014

New York Wrongful Death Lawyer :: Family Files Wrongful Death Suit After Tough Mudder Accident

by Whittel & Melton, LLC

The Brooklyn, New York-based company, Tough Mudder, is now facing a lawsuit filed by a Maryland mother who lost her son after he drowned in a Tough Mudder competition last year in West Virginia.

During the 2013 event, the man died on the “Walk the Plank” obstacle, which involved climbing up a wall and then jumping off a platform 15 feet into the water. According to reports, the man jumped off the platform, and immediately after another woman jumped, landing on top of him and stopping him from surfacing.

According to the lawsuit, Tough Mudder had an overwhelming number of attendees that day and took shortcuts on safety. The suit alleges that there was only one volunteer stationed at the obstacle where the man died, and that the volunteer could not tell if the path was clear for the next racer to jump.

Furthermore, the lawsuit claims that the rescue diver was not geared up and took more than two minutes to dive into the water and rescue the drowning man. The lawsuit alleges that Tough Mudder fell short in making sure adequate safety precautions were set in place so that all racers stayed safe throughout the race course.

Tough Mudder is an 11-mile race that has various obstacles throughout the entire course. The obstacles are generally quite extreme, and can entail climbing, swimming, balancing and sprinting. Extreme races are becoming increasingly popular throughout not only the state of New York, but the rest of the United States. While these challenging events can offer a fun test for fitness and health enthusiasts, they can also be dangerous, as this case shows. If organizers of these events do not take proper care, serious accidents can occur. Negligence, including lacking proper safety measures, as well as other factors can result in severe injuries and even death for racers.

June 11, 2014

Manhattan Personal Injury Attorney :: Suits vs. GM for Recall Consolidated and Sent to NY Federal Court

by Whittel & Melton, LLC

A federal judicial panel decided on Monday that lawsuits against General Motors from customers who suffered economic damages from a recall over faulty ignition switches will be heard in New York.

According to the ruling from the U.S. Judicial Panel on Multidistrict Litigation, the cases will be sent to U.S. District Judge Jesse Furman in the Southern District of New York.

More than 80 lawsuits have been filed since February by customers who allege that their cars lost value as a result of the recall.

GM asked that the cases be consolidated and transferred to New York, which is the same district they filed for bankruptcy in 2009. GM is asking the federal bankruptcy court in Manhattan to finalize whether claims brought by plaintiffs over the recall are blocked by the terms of its bankruptcy sale order, which lead to the creation of “new GM” and basically prohibited liability against the new company for the pre-bankruptcy handling of “old GM.”

The order does not affect lawsuits regarding personal injuries or deaths that these defective vehicles caused.

Plaintiffs’ lawyers suing the company were in agreement on consolidating the cases, but they disagreed on where. The cities suggested included Los Angeles, Miami, New Orleans, San Francisco and Texas.

The panel ordered that the Manhattan district was the most appropriate choice, since it was the same district that handled GM’s bankruptcy. The Manhattan district also handled the bankruptcy of Delphi Automotive, a GM supplier that created the switch at issue. Delphi has been named a defendant in many of the cases.

Different from a personal injury or wrongful death claim, the more than 80 cases consolidated in New York federal court deal with alleged economic injuries involving GM’s ignition switch defect. While the plaintiffs involved were not physically harmed by their vehicles, they claim that the resale values for their cars were drastically reduced because of the defect.

The owners of these GM vehicles all present a common question to the court – Should GM be held liable for the economic losses associated with the recall? Cases that have enough similar questions of law or fact are often consolidated and tried as one case.

June 11, 2014

Florida Slip, Trip and Fall Injury Lawyer :: National Safety Month – Stop Slips, Trips and Falls

by Whittel & Melton, LLC

Slip, trip, and fall accidents are a primary cause of injury in the United States for people of all ages and genders. June is National Safety Month, which is why it is important to address these risks, and for all of us in Florida to strive to help prevent future accident injuries.

The Second Week of National Safety Week Is Dedicated to Fall Prevention

The National Safety Council has dedicated the second week of June to raising awareness about slip and fall and trip and fall injuries. There are many ways we can prevent serious injuries and fatalities throughout our Florida communities, including the following:

June 6, 2014

Tampa Negligent Security Injury Attorney :: One Man Possibly Injured in Onyx Nightclub Shooting

by Whittel & Melton, LLC

St. Petersburg police believe gun shots fired at the Onyx Premium Nightclub may have left one man injured last night, but they can’t be sure.

The apparent victim arrived at Bayfront Health St. Petersburg shortly after police were called to the club about 3:15 a.m. According to reports, the 31-year-old refused to tell police how he ended up with a gunshot wound in his right leg.

A police spokesman claims the victims was “very uncooperative” and told officers to leave him alone.

No one else at the club or nearby it was able to provide police with details.

The same club, under its former name, The Scene, was the site of a February 2012 shooting where at least one man was injured. Following that incident, at least three negligence claims were filed against the club’s former owners in Pinellas-Pasco Circuit Court.

When people go out to bars and nightclubs in Tampa and St. Petersburg, they expect to enjoy their evening and have a good time. Unfortunately, there are too many times when a night out on the town ends in a violent attack, unnecessary injuries, beatings, shootings and even death. In certain situations, people may have been subjected to unreasonably dangerous conditions that harmed them. If you have been the victim of an act of violence that caused a terrible injury at a nightclub or bar, a Tampa Negligent Security Injury Lawyer at Whittel & Melton can help.

Under the law of premises liability, owners and supervisors of nightclubs and bars can be held liable for any violent crimes that occur on their property, including shootings, accidents, assaults, injuries and wrongful death. Bar security staff, bouncers, restaurant and bar managers and other employees may also be held accountable for violent acts when extreme force is used.

If you or someone you love was the victim of an attack, beating, shooting, accident, injury or even death at a nightclub or bar, you may be infuriated and unsure of how to obtain justice. Opportunely, the law allows those who have been the victims of nightclub or bar negligence to seek compensation for damages including past, present and future medical care needs, lost past and future wages, emotional pain and suffering, hospital and ambulance bills and other expenses through what is known as a personal injury lawsuit.

June 4, 2014

Florida Auto Accident Injury Attorney :: New NHSTA Study Shows the Staggering Toll of Car Crashes on U.S. Residents

by Whittel & Melton, LLC

Whenever a motor vehicle accident occurs in Florida, or anywhere else throughout the country, it creates a series of events that cost money. While these costs are not always apparent to other people, make no mistake, car accidents can be quite expensive.

When viewed as a whole, the numbers are downright shocking. A recent study conducted by the National Highway Traffic Safety Administration demonstrates that motor vehicle accidents cost more than $870 billion in economic loss per year. This study examined data from 2010. That $870 billion can be broken down even further to a personal basis, averaging an estimated cost of $900 per person in the U.S., which does not just apply to accident victims, but all people residing in this country.

NHTSA’s study, “The Economic and Society Impact of Motor Vehicle Crashes, 2010,” focuses on some of the behavioral factors that influenced that year’s nearly 33,000 highway fatalities, 3.9 million injuries and 24 million damaged vehicles. According to the study, three driver behaviors including speeding, drunk driving and distracted driving, accounted for 56 percent of the economic loss to the nation and 62 percent of the societal harm. Societal harm is described as harm due to loss of life and decreased quality of life.

What is not so shocking is that drunk driving accidents were found to be among the most expensive kinds of accidents. These accounted for 18 percent of the total economic loss and 23 percent of the overall societal harm.

Speeding accounted for 21 percent of the overall economic loss costing the nation $59 billion and 24 percent, or $210 billion, of the societal harm.

Distracted driving crashes were responsible for 17 percent of the total economic loss and cost $46 billion. These crashes accounted for $129 billion, or 15 percent, of the overall societal harm.

On a positive note, researchers for this study concluded that using seatbelts led to a savings of almost $70 billion in medical care, lost productivity and other costs that were not incurred. For now, around 5 percent of the total economic loss involved people in auto accidents where they were not buckled up or did not properly fasten their seatbelt.

May 30, 2014

Florida Wrongful Death Lawyer :: Family of Navy Yard Shooting Re-Files Wrongful Death Lawsuit in Florida Court

by Whittel & Melton, LLC

The family of one of the Navy Yard shooting victims re-filed a suit in Florida state court earlier this year in April for the wrongful death of their loved one, according to reports.

This wrongful death lawsuit names the United States government and two government contractors as defendants.

Last year, the family filed a similar suit in federal court, but the case was dismissed for procedural reasons. Now, the family has added the two government contractors as defendants, specifically claiming that these contractors, who employed the shooter, failed to recognize several signs of mental health issues that the shooter displayed in the time leading up to the heartbreaking event.

The suit also states that the government was negligent in failing to secure the Navy Yard as well as run and adequate background check on the shooter.

The most recent lawsuit was filed in Florida state court, as opposed to federal court where the wrongful death suit was filed last year. This was done to keep all the defendants together. However, if the defendants choose to do so, the case can be moved to a federal court in Florida.

A wrongful death lawsuit can be filed when the death of a family member was caused by someone else’s negligence. As this case demonstrates, the named defendant does not actually have to be the sole cause of the death. In fact, in most cases it only needs to be shown that the death could have been avoided if the defendant’s negligence was not a factor.

In addition to showing that the defendant played a role in the victim’s death, a wrongful death suit must usually be brought by an immediate family member of the deceased, such as a parent, child or spouse. With that said, in certain cases it may be possible for another living relative to bring the suit, however, every case is different. A Florida Wrongful Death Lawyer at Whittel & Melton can advise you on whether a party is appropriate in a wrongful death claim.

May 28, 2014

Florida Injury Attorney :: Florida Takes Top Four Spots in New Ranking of America’s Deadliest Cities for Pedestrians

by Whittel & Melton, LLC

While all pedestrians should pay extra close attention when crossing the street, it seems that Floridians need to be especially mindful.
In a new report from the National Complete Streets Coalition, Dangerous By Design 2014, a Pedestrian Danger Index was used to rank the deadliest places to walk in America. Florida is home to the top four cities, with six other southern cities finishing out the top 10:

Orlando, FL
Tampa, FL
Jacksonville, FL
Miami, FL
Memphis, TN
Birmingham, AL
Houston, TX
Atlanta, GA
Phoenix, AZ
Charlotte, NC

You can view the full list here.

The Pedestrian Danger Index was calculated by looking at the last five years of available data on pedestrian fatalities and factoring in the number of local commuters who walk to work every day.

The report shows that 47,025 people nationwide were hit by cars and died while walking between 2003 and 2012. This number is 16 times greater than the number of Americans who died in natural disasters over the same time frame. Additionally, another 676,000 pedestrians were injured while travelling on foot, which likens to someone being hit by a car every eight minutes.

The elderly are found to be much more at risk than any other age group, according to the report. While they only represent 12.6 percent of the total U.S. population, adults ages 65 and older account for 21 percent of pedestrian fatalities.

This report shows just how dangerous busy roads and intersections can be for those walking to their destinations. The following tips are a great reminder on how to stay safe as a pedestrian:

Stay Alert. Distracted walking can be just as dangerous as distracted driving. Always look where you are going and be aware of your surroundings. In 2010, more than 1,500 people were treated in U.S. emergency rooms for pedestrian-related injuries resulting from distractions, especially cell phones. Keep your eyes off your cell phone when crossing the street!

Never Jaywalk. Did you know that pedestrians can be held liable for auto accidents, too? When you cross the street against a light and run into traffic, you increase your risk of being struck and potentially killed by a motorist.

Use the Sidewalk. While sidewalks may not be located in certain areas in the city, if they are available for use, please use them and do not walk in the street. If a biker is taking up the sidewalk, gently remind them that they are meant for pedestrians.

May 23, 2014

Florida Auto Accident Injury Lawyer :: Car Crashes Increase over Memorial Day, Stay Safe on Florida’s Roadways

by Whittel & Melton, LLC

Memorial Day weekend is finally here and many of you will be setting out to enjoy the official start of summer with our state’s numerous recreational possibilities. With that said, it is estimated that close to 34 million people will be hitting the road over the long holiday weekend and traveling at least 50 miles from home. Whether you are staying local or making a trek to a family member or friend’s home, the Florida Auto Accident Attorneys at Whittel & Melton urge you to drive safely and exercise caution this holiday weekend.

Memorial Day weekend is supposed to be a time for remembrance and celebration. Whatever type of activity you choose to partake in this weekend, we urge you to do so responsibly. Make sure if you are driving to always pay attention, look out for any roadside construction and always see to it that everyone in your vehicle is buckled up. Remember, if you are going to be drinking at any point during the holiday weekend, just be sure to have a designated driver set in place.

According to AAA, the amount of motorists travelling on the roadways this Memorial Day weekend will be at a 10 year high. Dating back to past Memorial Day weekends, statistics show that there is an increase of more than ten percent in motor vehicle accidents vs. other holiday weekends.

You can help exercise safety this Memorial Day weekend just by brushing up on a few safety steps:

Always give yourself enough time to get from Point A to Point B.
Follow all posted speed limits.
Limit Driver Distractions.
Make sure everyone, including those in the back seat, is wearing their seat belt.
Do not drink and drive. In fact, make sure you have a designated driver assigned before you start drinking so that you are not tempted to drive after consuming alcoholic beverages.

May 20, 2014

New York Personal Injury Lawyer :: Two Boys Injured in Bounce House Accident in South Glens Falls

by Whittel & Melton, LLC

Two young boys were seriously injured Monday afternoon when a gust of wind blew an inflatable bounce house into the air with three children inside. Two of the children inside, boys ages 5 and 6, were tossed to the asphalt from at least 15 feet above ground.

The boys were taken to Albany Medical Center, where they were admitted for serious injuries. According to reports, one suffered a traumatic head injury.

A 10-year-old girl was also inside when the bounce house got carried away, but only suffered minor scrapes when she fell.

One of the boys landed on a parked car while the other landed on pavement after being tossed out of the bounce house around 3:20 p.m. off Ferry Boulevard.

According to South Glens Falls Police, the boys’ conditions were not known as of early Tuesday, but the one boy who landed on the pavement was conscious and talking at the scene.

A neighbor told reporters that the younger boy suffered two broken arms and facial injuries, while the older boy suffered a serious head injury. Both were apparently conscious and alert at the hospital later Tuesday.

Police claim that the wind blew the bounce house more than 50 feet in the air from in front of a four-apartment complex at 22 Ferry Blvd. to the fields behind Oliver W. Winch Middle School.

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The bounce house was apparently owned by a resident of the complex, and it had been set up for neighborhood children to play in. The inflatable house was fixed to the ground with stakes, but the wind pulled them out.

According to the Center for Injury Research and Policy, around 30 children are sent to emergency rooms across the country every day to treat bounce house injuries such as broken bones, sprains, cuts and concussions. That’s nearly 11,000 child injuries per year. Most of these injuries happen when children fall inside the bounce houses by crashing into one another, falling clumsily or by falling outside the bounce house itself.

Following a bounce house accident, the primary concern should be obtaining medical attention for the injured parties. Once medical care is rendered, a full investigation should be conducted to determine the exact cause of the accident. This is important, not only to identify any negligent parties that are liable for the accident, but because doing so could prevent other children from suffering the same fate in the future.