Florida Personal Injury Lawyers Blog

May 28, 2013

Florida Car Accident Injury Lawyer :: Put your Cell Phones Away – It is Now Illegal to Text & Drive in the State of Florida

by Whittel & Melton, LLC

Gov. Rick Scott has made it official: texting and driving is now illegal in the state of Florida.

On Tuesday, May 28, Scott traveled to Alonzo and Tracy Mourning Senior High School in Miami, where a press conference was held to sign a bill passed by the Florida Legislature that bans texting while driving.

Florida joins 39 other states in supporting what is known often as Distracted Driving laws. Washington was the first state to issue a texting while driving ban in 2007, and has since been joined by other states in recent years, including the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands.

For most states, the bans are a primary enforcement offense, which means highway law enforcement patrols can pull a motorist over simply for texting while driving. However, in Florida, texting while driving is a secondary offense, meaning an officer cannot stop a motorist just for texting while driving. In Florida, texting while driving is classified as a nonmoving violation, with a fine of $30.

The Florida law prohibits any person from manually typing or entering multiple letters, numbers, symbols or other characters into a wireless communications device while behind the wheel of a car. This includes sending text messages, emailing and instant messaging through smart phones.

Scott announced that he is deeply concerned about the number of motorist’s texting while driving. This concern is what prompted him to get the bill signed before the busy summer driving season begins.

The measure was co-sponsored Sen. Nancy C. Detert, R-Venice, and State Rep. Doug Holder, R-Osprey.

May 24, 2013

NYC Train Accident Attorney :: ‘Unusual Condition’ Observed in Last Week’s Conn. Commuter Train Accident

by Whittel & Melton, LLC

An “unusual condition” was observed by the engineer of the commuter train that derailed last week in Connecticut right before the wreck, according to federal officials.
While that condition has yet to be revealed, federal officials did say repair work was done last month in the area of the crash.

The National Transportation Safety Board has not yet determined a cause of the May 17 crash that injured 70 people and interrupted service for days on the railroad used by tens of thousands of commuters north of New York City.

However, the NTSB did say that a joint bar, used to hold two sections of rail together, had been damaged and repaired last month. It was also revealed that rail sections in the area of the derailment have been shipped off to Washington for additional inspection.

The NTSB also shared that the Metro-North railroad is conducting an inspection and inventory of all the joint bars on its main tracks.

The eastbound train traveling from New York City derailed during evening rush hour in Bridgeport before coming to a stop and being struck just seconds later by a westbound train. According to reports, the engineer of the westbound train applied the emergency brakes before smashing into the eastbound train.

The eastbound engineer told investigators he saw an unusual condition on the track as he approached the area.

Some of those injured in the crash have filed lawsuits alleging negligence by Metro-North.

May 21, 2013

Florida Injury Attorney :: Amtrak Train Collides with Car on Train Tracks in Jacksonville

by Whittel & Melton, LLC

An Amtrak train struck a car stopped on railroad tracks on the Westside of Jacksonville Tuesday morning, according to the Florida Highway Patrol.

State troopers said a 55-year-old woman was heading east on Timuquana Road on the Westside when the car became disabled on the tracks at the intersection of U.S. 17 shortly before 11 a.m.

The woman was able to safely exit the vehicle before the collision occurred.

According to reports, the Amtrak train saw the car on the tracks and tried to slow down, but was unable to stop the train before colliding with the left side of the car.

No passengers on board the train suffered any harm.

Accidents that involve trains and railroads often result in very serious injuries and even death. Luckily for those involved in this accident, no one was hurt. However, if you or someone you care for has been injured or killed in a railroad accident, a Florida Injury Lawyer at Whittel & Melton can help. We help railroad accident victims and their families obtain full and fair compensation for their losses.

While train accidents are far less frequent than other types of motor vehicle accidents, they can and do still occur. Sadly, the injuries suffered by train accident victims are usually more severe or even fatal. There are numerous types of railroad accidents that can take place. Some may involve collisions with cars, pedestrians, trucks, freight trains, motorcycles and commercial vehicles. Despite why or how the accident happened, if negligence is involved, you have a right to seek compensation for damages.

May 17, 2013

NYC Medical Malpractice Attorney :: Mount Sinai Medical Center Removes Wrong Kidney from Patient

by Whittel & Melton, LLC

A 76-year-old patient on dialysis with two failed and diseased kidneys had the wrong kidney removed by a surgeon at Mount Sinai Medical Center In New York City.

The patient is currently doing well after doctors subsequently removed the second failed kidney.

The surgeon has since been relieved from his medical and administrative duties.

A Sinai spokeswoman apologized for the error, saying it should never have happened at Mount Sinai. The hospital would not reveal when the incident occurred or who the surgeon was that performed the botched operation.

Medical errors happen every day, but few are on this level of seriousness. Wrong side surgeries take place at various hospitals throughout the country, despite the fact that many facilities take great efforts to eradicate these types of mistakes in operating rooms. In July 2008, a surgeon at a Minneapolis hospital removed the wrong kidney from a cancer patient. The doctor argued that he was distracted by beeper calls and other patients in his care when he made a mistake on the patient’s chart, resulting in the failed surgery.

While this incident may seem like a slam dunk medical malpractice case, a patient that has endured this type of injury still needs to enlist the help of a NYC Medical Malpractice Attorney at Whittel & Melton to obtain any and all possible compensation and benefits. To prove that medical malpractice occurred, it must be demonstrated that the victim was harmed by the medical mistake. While the hospital announced that the victim is doing well, it is unknown whether any physical harm fell upon the victim. Regardless, the patient could have suffered mental and emotional anguish, something that victims can seek financial compensation for through a medical malpractice lawsuit.

May 14, 2013

Florida Bus Accident Injury Attorney :: Teen Run Over by Bus in Broward County in Medically Induced Coma

by Whittel & Melton, LLC

A 14-year-old Pompano Beach teen that was run over by a Broward County public bus remains hospitalized in critical condition and is now in a medically induced coma.

The teen apparently suffered multiple fractures to the face, ribs and an ankle.

According to the Broward County Sheriff’s Office, the teenager was injured about 9 a.m. Friday as he ran for the bus near the 1200 block of East Sample Road.

A BSO spokeswoman said the teen ran ahead of his mother to hold the bus and jumped onto the side of the vehicle. Witnesses told investigators he held on for nearly a minute and then fell. He was run over by at least one of the bus wheels.

Passengers on board the bus told police that they screamed at the bus driver to stop as the boy’s arm became stuck in the door.

The incident is currently under investigation. However, the 55-year-old bus driver could face charges if investigators determine he acted criminally. The Margate bus driver has been placed on paid administrative leave pending the outcome of the investigation by BSO.

The bus driver has been employed behind the wheel for 12 years, during which he has been involved in two minor accidents, neither resulting in serious injury.

The first accident happened in September 2010, after the bus he was driving was struck by a car as he executed a right turn onto West Oakland Park Boulevard.

Then, in November 2012, the bus driver scraped the wheel well of another bus as he pulled into a bay at the central terminal on West Broward Boulevard.

Broward County’s Accident Review Board said both accidents were preventable.

While we don’t usually hear about bus accidents occurring in Florida every day, that doesn’t mean they don’t happen. Sadly, when these types of accidents do take place, victims are often seriously injured or even killed. The sheer size of these vehicles combined with speed can create serious bodily harm when an accident arises.

May 10, 2013

Goshen, NY Car Accident Lawyer :: BMW Recalls Over 42,000 Vehicles Over Airbag Safety Issue

by Whittel & Melton, LLC

BMW is the latest vehicle manufacturer to join in on a widespread airbag recall announced last month affecting 3.3 million Hondas, Toyotas, and Nissans.

BMW announced this week that they will recall approximately 42,000 of its 2002-3 3 series models because a passenger side air bag defect could release shards of metal into the passenger compartment should a side frontal collision occur.

The recall affects 325ixT and 325iT Sports Wagons, M3, 325Ci, and 330Ci convertibles and coupes, and 325xi, 330xi, 325i, and 330i sedans of the 2002 and 2003 model years.

In the event of a crash where the passenger airbag is inflated, the device that causes inflation is at risk of rupturing, which could release metal fragments into the vehicle. If these shards make contact with passengers in the vehicle, it could lead to serious injuries, such as lacerations.

While BMW owners should hear from the company regarding this issue this month, replacement components may not be available until July. As soon as the parts arrive, owners can bring their vehicles into their local dealership to receive free repairs.
Although BMW has not reported any serious injuries or deaths linked to this defect, that does not mean that no accidents have happened, or won’t sometime in the future. An auto accident can happen in a matter of seconds. If a driver or passenger is injured in a collision, they may not immediately think to question the impact of the deployment of the airbag, but with recent developments, this should be a concern.

May 7, 2013

Florida Injury Lawyer :: Florida Girl Loses Legs in Lawnmower Accident

by Whittel & Melton, LLC

A 2-year-old Florida girl lost both feet last month after her father accidentally backed over her with his riding lawn mower.

The child was sitting on the lawn screaming and trying to get her father’s attention, but he was on a ride-able lawn mower and could not hear her over the roar of the engine. The child’s mother watched from a distance as her husband backed the lawn mower up and sliced the 2-year-old’s feet.

A neighbor, who is also a nurse, rushed to the scene and applied pressure to the child’s wounds while they waited for the emergency team to arrive.

The two-year-old was taken to the hospital where she underwent two surgeries. Both of her feet were amputated and she will eventually be outfitted with prosthetics.

Nearly a quarter of a million people are treated for injuries caused by lawn mowers every year, according to the American Academy of Orthopedic Surgeons. Lawn mowers are very sharp and can be quite dangerous, so anyone using them should always exercise extreme caution. Anyone using a lawn mower, or any other piece of outdoor equipment, should pay close attention to all safety guidelines in order to avoid injuring themselves and others that may cross their paths. A lawn mower is a serious piece of equipment that can deliver catastrophic injuries should an accident occur, so review the following reminders to keep you and your loved ones free from harm.

April 25, 2013

Florida Injury Attorney :: Man Seriously Injured in Orlando Electrocution Accident

by Whittel & Melton, LLC

A man was severely injured early Thursday morning after he was electrocuted in an apparent industrial accident in the 8000 block of Presidents Drive.

According to Orange County Fire Rescue, the man was working close to power lines where a warehouse stands around 10 a.m. The contact apparently ignited a fire.

Sheriff’s deputies closed the roadway. The man was taken to the hospital with what officials described as serious injuries.

No other details regarding the man’s status were immediately available.

Many electrocution accidents result in severe and catastrophic injuries. Electric shock can not only badly burn the skin, but result in damage to the nervous system, the heart and even the brain. Severe electrocution can also result in wrongful death. When an injury of this nature is sustained, your medical bills can increase rapidly, not to mention the excruciating amount of pain you may be suffering. It is very important to seek full compensation from any negligent parties for your treatment, both now and in the future.

April 5, 2013

Florida Medical Malpractice Lawyer :: Wisdom Teeth Wrongful Death Lawsuit Settled Outside of Court

by Whittel & Melton, LLC

A medical malpractice case filed by the parents of a 17-year-old high school junior who passed away two days after being deprived of oxygen during a routine wisdom teeth surgery in Baltimore has been settled out of court.

The teen suffered severe brain injury during her surgery March 28, 2011. Shortly after she went into a coma and died 10 days later. According to an autopsy report, she died because of a lack of oxygen to her brain during the surgery.

Her parents filed a civil suit against the anesthesiologist, surgeon and medical practices involved in their daughter’s procedure. The suit alleged that they had shown negligence by failing to revive her after her heart rate slowed to a seriously dangerous level, limiting the flow of oxygen to her brain.

Both sides reached a settlement on March 28. The conditions and value of the settlement are not public. However, the suit included five counts claiming negligence and other medical failures, with more than $30,000 was in dispute for each count.

In order to prove medical malpractice in a wrongful death case, the victim’s family must demonstrate that the surgeon, doctor, other medical staff or the hospital was negligent in some way. When it comes to a surgery, this can include any careless or reckless act such as prescribing the wrong drug to a patient, failing to properly monitor a patient or not checking for any and all allergies a patient may have.

When a court must determine if a medical provider was negligent, they factor in generally accepted standards of care in that particular medical field. For this case, experts would likely be called on to testify about the various procedures oral surgeons undergo when removing wisdom teeth and if the surgeon in question actually met those standards of care. While the surgery to remove wisdom teeth is quite common and usually thought to be low-risk, there are always hazards anytime a surgery is performed. In certain situations, medical malpractice may not be to blame, and the cause could just be a freak accident.

April 1, 2013

Florida Amusement Park Injury Attorney :: Disabled Man Stuck on Disneyland Ride Awarded $8K in Damages

by Whittel & Melton, LLC

A federal judge awarded $8,000 to a quadriplegic man Friday who became stuck on Disneyland’s “It’s a Small World” ride for about 30 minutes after it broke down in 2009. The man and his wife sued Disney in 2011 following the incident on Nov. 27, 2009.

They claimed that Disney should have adequately warned visitors that the ride posed a unique risk of harm to disabled persons. The couple also noted in their suit that Disney should have been on notice regarding the ride since it had broken down twice earlier on that same day.

The wheelchair-bound man became stuck on the ride as it went through a cave called the “goodbye room.” The man said that as the ride stopped, he got stuck while other passengers were evacuated. He apparently requested for his boat to be moved slightly so that he could exit, but ultimately there was no way to evacuate him. The man said that being stuck in the ride was extremely dangerous to him because he suffers panic attacks and has dysreflexia, a condition that can elevate blood pressure to unsafe levels.

The man’s lawsuit alleged that Disney was at fault for continuing to operate the risky ride and failing to notify disabled persons that there was no way to evacuate should an emergency situation arise. The man claims had he been warned properly, he would not have gotten on the ride. The judge ultimately threw out many of the man’s claims, but did find Disney liable for premises liability.

In general, amusement park operators must keep their premises safe for guests. The judge felt that Disney failed to live up to its duty by operating the faulty ride and not providing the man with the appropriate information needed to make an informed decision on whether or not to get on the ride. The judge ruled that Disney “should have known that there was a likelihood of harm to a disabled person, as reflected in its own standards for that ride.” Continue reading