Florida Personal Injury Lawyers Blog

July 2, 2013

Florida Personal Injury Attorney :: Fireworks Risking You and Your Child’s Safety this Fourth of July

by Whittel & Melton, LLC

Most people enjoy celebrating the Fourth of July holiday with a fireworks show or two. With Independence Day right around the corner, it is important to understand that if these devices are not used properly you could wind up with some pretty devastating injuries. Catastrophic burn injuries and fatalities arise every year in Florida and across the United States due to Fourth of July fireworks injuries.

While you may think that firework accidents are not that common, firework-related injuries are actually quite a common occurrence. At Whittel & Melton, our Florida Personal Injury Attorneys know that children are at the highest risk for injuries stemming from fireworks accidents. That is why we strongly recommend that parents protect their children from injury by keeping them from using fireworks.

According to Safe Kids Worldwide, an estimated 5,000 children under the age of 15 are treated in an emergency room each year due to a firework-related injury. Of these injuries, a whopping 70 percent occur during the month surrounding the Fourth of July holiday.

So, how can you and your family enjoy fireworks safely this year? Your safest option is to attend a publicly sanctioned firework event. However, if you are set on hosting your own red, white and blue party, you must be prepared and be as safe as possible in order to prevent any tragedies from happening in your backyard. The following tips and reminders can help you avoid an accident:

• Never let children play with fireworks or light them.

• Before using any fireworks, read any instructions and familiarize yourself with the warnings on the label.

• Drinking and lighting off fireworks is never a good idea. If you choose to light your own, make sure you designate a sober shooter.

• Ignite one firework at a time.

• Make sure you set up your post somewhere safely away from tree branches or bushes that could catch on fire.

• Do not try and re-light, alter or fix any fireworks that malfunction.

• Remember, all fireworks should be used outdoors only.

• Sparklers should never be handled by children, as they can reach temperatures easily hot enough to inflict third-degree burn injuries. Try letting your youngsters use glow sticks instead. These can be just as fun for the kids and much safer.

• Before lighting a firework, make sure the area is clear. It is best to light fireworks on a smooth, flat surface that is a safe distance away from the house, any dry leaves or other highly flammable materials.

June 28, 2013

New York Pedestrian Accident Attorney :: New York’s Most Dangerous Roads for Pedestrians

by Whittel & Melton, LLC

Anytime you are walking anywhere, you should always err on the side of caution and pay close attention to your surroundings when crossing the street. But, did you know that some roads are inherently more dangerous than others?

The most dangerous road for pedestrians in the tri-state area is the Hempstead Turnpike in Nassau County, according to the Tri-State Transportation Campaign. The road took the top spot for the fifth consecutive year since the group’s first analysis in 2008. Despite the fact that the New York State Department of Transportation started work in March 2012 to make the road safer by raising medians, creating new crosswalks, relocating six bus stops closer to crosswalks and changing traffic signals to calm traffic, it still ranked first in the 2013 analysis.

If you are wondering how the five boroughs ranked, Manhattan took first place with the most dangerous road being Broadway. This road saw 12 pedestrian fatalities over a three-year period and one fatality happening north of 96th Street. Broadway is also the most dangerous street in the Bronx. The most dangerous road in Brooklyn is Ocean Parkway. Woodhaven Boulevard is the most dangerous road in Queens for pedestrian-related auto accidents, and Richmond Avenue in Staten Island is the most dangerous road.

Broadway in Manhattan was also recognized as the second most dangerous road in the tri-state area. Completing the list of the top 10 most dangerous roads for walking in the tri-state area were:

• Jericho Turnpike in Suffolk County, New York
• Sunrise Highway in Nassau County, New York
• State Route 110 in Suffolk County, New York
• Blackhorse Pike in Atlantic County, New Jersey
• Burlington Pike in Burlington County, New Jersey
• Route 1 in Middlesex County, New Jersey
• State Route 27 in Suffolk County, New York
• White Horse Pike in Camden County, New Jersey
• Route 9 in Middlesex County, New Jersey

June 25, 2013

Florida Child Injury Lawyer :: Heat Stroke-Related Child Deaths on Track to Reach Record High This Year

by Whittel & Melton, LLC

In 2010 more heat stroke-related deaths were documented than any other year from kids being left inside hot cars for too long. Now, Florida health and law enforcement officials say that we are heading for another devastating year, with 15 such deaths already reported nationwide so far.

Four Florida children, ranging in age from 11 months to 3 years old, have died in the past two months after they were left behind in hot cars.

Sadly, young children are at a high risk for heatstroke as their body’s heat up three to five times faster than adults. When a child’s temperature reaches up to 104 degrees, their internal organs begin to shut down. When their body temperature heats up to 107 degrees, they can die.

Studies indicate that Florida is second only to Texas in the most heat stroke-related child deaths per year. Since 1998, Florida has reported at least 64 child deaths related to heat stroke.

So far this year Florida has reported the following incidents:

• On June 22, a 3-year-old boy passed away from heat stroke after he was forgotten in a car for about three hours in Manatee County while his family attended a funeral.

• On June 2, a Pensacola toddler wandered inside the family car and was found dead on the floorboard several hours after the 2-year-old was reported missing by family members.

• On May 24, a Highlands County mother left her 18-month-old daughter in a hot car for nearly two hours. The baby suffered heatstroke and died. Her mother has been charged with manslaughter and child neglect.

• On May 16, a Miami-Dade County mom was charged with manslaughter after locking her 11-month-old son inside her car where he died from heat exposure.

Another 11 children across the county were killed in similar instances this year.
According to Safe Kids Worldwide, heatstroke is the leading cause of non-crash, vehicle-related deaths for kids. In fact, on average, every 10 days a child is killed from heatstroke after being trapped inside a vehicle.

June 21, 2013

NYC Wrongful Death Lawyer :: Mother Suing NYC in Crash that Killed Her 4-Year-Old Daughter

by Whittel & Melton, LLC

The mother of a 4-year-old girl who was struck and killed by an out of control car in Manhattan earlier this month has filed a lawsuit against the city, claiming that her daughter’s death could have been avoided if emergency vehicles had not been delayed in their response.

The 26-year-old mother said that while no amount of money can bring her daughter back, she wants the city to be held accountable for their actions so that this tragedy does not happen to anyone else in the future.

The young child was struck by a sport utility vehicle on June 4 as she was walking on the sidewalk with her grandmother on her way to school. The grandmother suffered injuries to her spine and ankle.

The 17-year-old driver of the SUV lost control of his car as he was being chased by police.

According to reports, city officials have admitted that there was a four-minute delay in dispatching an emergency vehicle to the accident site at Amsterdam Avenue and 97th Street. At a recent news conference, the fire commissioner blamed the 911 dispatcher who was sitting at the computer where the message arrived, but failed to respond in time. He rebuffed any suggestions that the mistake was a result of a failure in the city’s new 911 system, an advanced dispatch system that set the city back $2 billion.

However, the president of the union that represents the city’s emergency medical technicians, paramedics and fire inspectors, challenged the fire commissioner’s version of events.

He issued the following statement:

“The commissioner of the Fire Department tried to blame a young lady with an impeccable reputation for not doing her job, when the reality is that the call was never on her screen. I do know that in the weeks leading up to this incident there were many problems with the system.”

The family is apparently seeking $20 million in damages for the death of the young girl. The grandmother is also pursuing $20 million for her injuries. The lawsuit names the city, the Police Department and the Fire Department.

The driver of the SUV, who was allegedly driving without a license, was arrested and charged with manslaughter.

Losing a child is absolutely devastating for any parent. When such a tragedy claims a young life early and unexpectedly, dealing with the situation can be overwhelming. However, when someone else is to blame for a tragedy that could have been avoided, the family of the deceased can file a lawsuit to hold the negligent party accountable. While most people may choose to hold the careless or negligent driver liable in a crash such as this, as this case points out, there can be multiple parties to blame.

June 18, 2013

Miami Injury Lawyer :: 33 Injured after Deck Collapses at Miami Sports Bar

by Whittel & Melton, LLC

A Miami deck collapse at Shuckers Bar and Grill, a popular restaurant in North Bay Village, left 33 people injured Thursday night.

Two of the 33 injured are reportedly in serious condition.

About 100 people were on an outdoor deck at Shuckers Bar and Grill watching the Miami Heat play in the NBA Finals. During the first quarter of the game, at around 9:20 p.m., the deck collapsed sending dozens of patrons into the shallow waters of Biscayne Bay.

Witnesses claim the deck gave way just as Heat fans started jumping and cheering to celebrate their team’s scoring a basket.

Reports indicate that 33 people were injured and transported to various hospitals in the area.

Every business in Florida, including restaurants, hotels and bars, has a legal obligation to make sure the property is kept safe for guests and customers. With that said, under Florida law, all floors, walls, ceilings and even decks must be constructed, maintained and inspected in compliance with any applicable building codes.

June 14, 2013

Manhattan Injury Attorney :: Indiana Tourist Recovering from Central Park Injury

by Whittel & Melton, LLC

A tourist from Terre Haute, Indiana is recovering after she was struck by a falling tree branch in Manhattan’s Central Park on Tuesday.

The woman’s name has not been released.

According to reports, the branch, about 3 inches around, fell from a tree and hit her at 3:45 p.m. Tuesday. She was conscious after the accident, but confused and bleeding from the head as an ambulance rushed her to a hospital.

This is not the first time someone has been injured by a falling tree branch in New York City.

In June 2010, a 6-month-old baby was killed and her mother was injured when a tree branch fell on them while visiting the Central Park Zoo. In that same year, another man was also killed in the park by a branch that fell due to heavy snow. Finally, in 2009, a branch struck another person in the park leaving them with severe personal injuries.

While you may think that a falling tree branch can do no harm to pedestrians or bystanders, these accidents occur more than you think and can deliver devastating injuries. In fact, there are more than 100 tree and landscape fatalities that happen across the U.S. every year, according to the Occupational Safety and Health Administration. A fully matured tree can weigh as much as 10 tons, possibly more. When a tree of this size falls, the impact is undoubtedly strong enough to crush an automobile, seriously damage a home or building and severely injure or kill innocent onlookers.

June 11, 2013

Florida Boating Accident Injury Attorney :: Boat Crash near Elliott Key Sends 10 People to Hospital

by Whittel & Melton, LLC

Ten people were sent to the hospital Sunday after two boats collided near Elliott Key in Biscayne National Park.

The crash occurred about 6:30 p.m. Sunday when a 36-foot Carrera powerboat carrying about 16 people hit another boat carrying two people.

According to officials, the second boat sank. Authorities could not specify what kind of boat it was.

Fortunately, no one was killed.

One of the boaters was airlifted to Kendall Regional Medical Center. Nine others were also taken there.

The Carrera was towed to Black Point Marina in Cutler Bay.

Investigators are still trying to identify what caused the crash.

While most of the details surrounding this accident are unclear, it is important to point out that both boat captains could be liable for the injuries and property damage this collision caused. At this time, there have been no indications that alcohol was involved in the crash. According to The Florida Fish and Wildlife Conservation Commission, authorities did give a field sobriety test to both captains, however no blood testing was done to confirm whether either captain had been drinking while boating. If either boat captain was operating their vessel while intoxicated, which is illegal in the state of Florida just like driving under the influence, the drunken boat operator would likely be found negligent and held liable for any damages.

June 7, 2013

Orange County Auto Accident Injury Lawyer :: Chester Police Offering Help with Child Safety Seats

by Whittel & Melton, LLC

The Town of Chester Police will be hosting a free child safety event Saturday to help parents understand what they must do to keep their kids safe while traveling in an automobile.

The event, funded by the National Highway Traffic Safety Administration with a grant from the NYS Governor’s Traffic Safety Committee, will be held from 10 a.m. to 1 p.m. on Saturday, June 8 at the Town of Chester highway garage on Laroe Road.
Officers will be demonstrating how to properly install safety seats, as well as inspecting car seats. They will explain the benefits of using rear-facing seats, offer helpful tips and share other useful transportation information.

For more information call the police department at 469-7000 ext. 1.

You may be surprised to hear that car accidents are the number one cause of death in children ages 3-14 in the United States. Car accidents are traumatic, which is why children of all ages need special attention when riding in a car. Most adults fail to realize that it can take up to 12 years for a child to grow out of a car seat and be big enough to use safety belts. It is recommended for children to stand close to 5 feet tall and weigh between 80 and 100 pounds before using a seat belt. Until a child reaches that size and weight, car seats and booster seats need to be used to protect them in case of a collision.

So, just how effective are child safety seats? According to Safe Kids USA, child safety seats can be the difference between life and death should your child be involved in a serious automobile accident. Child safety seats reduce fatal injury by as much as 71 percent in infants and toddlers in passenger cars. When compared to seat belts, child safety seats reduce the risk of injury among young children by as much as 82 percent and fatal injury by 28 percent. The use of booster seats for children ages 4 to 8 reduces the risk of non-fatal injury by 45 percent compared to seat belts.

June 4, 2013

Florida College Hazing Death Lawyer :: Wrongful Death Lawsuit in Fatal Car Accident of Bethune-Cookman Hazing Victim

by Whittel & Melton, LLC

A wrongful death lawsuit has been filed claiming that Bethune-Cookman University failed to put a stop to fraternity hazing that ultimately resulted in the death of a sophomore student and Marching Wildcat band member.

The sophomore attending Bethune-Cookman University on a marching band scholarship died in February 2012 after the car he was riding in smashed into a utility pole in Daytona Beach.

In a lawsuit filed in Volusia County Circuit Court, the student’s mother alleges that hazing by members of her son’s fraternity led to sleep deprivation in not only her son, but the car’s driver and other pledges.

The lawsuit states that the car’s driver fell asleep, which is what led to the tragic collision. Everyone else riding in the car survived the crash.

According to the lawsuit, the university and the then-coordinator of Greek Life “had direct knowledge of previous hazing activities occurring in student groups affiliated with BCU, including (the) fraternity, and did little or nothing to discipline the activity, thus sending a message to students that the anti-hazing policy was not enforced by the university.”

The vice president who heads the department over students and student organizations did release this statement: “Bethune-Cookman University prides ourselves on having a zero tolerance on hazing and put mechanisms in place to ensure that doesn’t happen and if it does we address it to the fullest.”

University officials did say the fraternity is not associated with the marching band, however many band members belong to the group.

The lawsuit alleges that hazing took place both on and off campus, and required pledges to stay up all night to study fraternity history and facts.

According to reports, the night before the crash, the deceased and four other pledges stayed up until 4 a.m. memorizing fraternity facts “in fear of what would happen if they did not memorize accurately.”

May 31, 2013

New York Trucking Accident Attorney :: 7 Killed in Tractor-Trailer Minivan Collision in Truxton

by Whittel & Melton, LLC

A runaway trailer hauling crushed cars in upstate New York slammed into a minivan carrying two families Thursday, killing four young children and three adults in their early 20s.

All seven victims, including four children under the age of 10, were local residents.

Officials believe the trailer detached from the big rig and crashed into the van, basically ripping it apart. Both vehicles came to a halt on the shoulder of the roadway.

The crash occurred along a stretch of the two-lane road in rural Truxton, a town of only 1,100 located a few miles northeast of the city of Cortland.

Police said a few of the victims were trapped under the trailer. It had to be jacked up to get them out.

The collision is still under investigation.

Another man was injured when the van he was travelling in was hit by a trailer that broke away from a truck on Route 13 around 6 p.m. Wednesday in the rural town of Truxton, just 25 miles south of Syracuse.

The injured man was transported to Upstate University Hospital in Syracuse. No information is available at this time on his current condition.

According to officials, two people in the truck suffered no injuries.

Route 13 was shut down until 1:20 a.m. Thursday while police investigated the cause of the crash and crews removed debris and wreckage from the scene.

Even though officials have yet to determine the exact cause of the accident, it is clear that something made the trailer come loose. Sadly, this tragic accident serves as a reminder to all of us just how important it is to make sure all items you are towing are secured safely, especially now that summer is here and travel season is official underway. It is important to be aware that not just commercial trucks and big rigs can have cargo that can easily detach. Any items being towed, like boats or campers, can come loose if not properly attached and ultimately hold you accountable for injuries, and even deaths.