Florida Personal Injury Lawyers Blog

January 17, 2013

Gainesville Auto Accident Lawyer :: National Guardsman Killed in Humvee Rollover Crash on U.S. 301

by Whittel & Melton, LLC

A 20-year-old Florida Army National Guardsman was killed Tuesday after the Humvee he was driving rolled over and crashed on U.S. 301 in Lawtey.

The West Point, Ga., man was flown by helicopter to Shands at the University of Florida, but passed away a short time later.

According to the Florida Highway Patrol, the deceased was driving his Humvee alone heading north on U.S. 301 north of Lawtey traveling to Jacksonville when the military vehicle rolled over and crashed. The man apparently tried to switch lanes, but lost control of his vehicle, sending his Humvee onto the grass median where it overturned.

The man was reportedly not wearing a seatbelt, and was ejected from the vehicle around 11:30 a.m.

Wearing a seatbelt during a Florida car accident can help keep you and your passengers safe from serious injuries. In fact, they can also be the difference between life and death. Sadly, many young lives are ended every year in auto accidents because crash victims fail to buckle their seatbelt, a task that takes just seconds to perform. An estimated 35,000 people are killed in car accidents every year. Nearly one half of these deaths could be prevented if drivers and passengers buckle their seatbelts every time they get inside a vehicle. Studies show that when a seatbelt is used properly it can reduce the number of severe and catastrophic injuries in traffic collisions by 50 percent.

While statistics show it is smart to wear your seatbelt for safety reasons, there is also a legal reason to make sure you buckle up. If you are injured in an auto accident caused by someone else, and you were not wearing a seatbelt, the insurance company for the responsible driver will certainly try and use that information against you. They will even try to claim that your injuries are partially your fault because you failed to follow the law by not buckling up.

Any time you are making a trip by car, it is imperative to fasten your seatbelt. Even if you are only traveling a short distance, take the time to strap yourself in. An accident can occur in the blink of an eye, so make sure you and anyone else in your car is protected by wearing a seatbelt no matter where you are going.

January 16, 2013

Tampa Bay Child Injury Lawyer :: Child Suffers Serious Head Injury after being hit by Car

by Whittel & Melton, LLC

Plant City, FL – A 6-year-old boy was struck by a car Monday afternoon just before 4:30 p.m. as he ran out into the street.

The child suffered a head injury. The boy is conscious, and authorities expect the child to be OK.

Police claim that the vehicle that struck the boy was not speeding at the time of the incident.

The accident took place on West Lowry Avenue in the neighborhood south of Reynolds Street, east of Woodrow Wilson Street.

Drivers must be on the lookout for children in the roadways at all times, especially near schools, residential areas, parks and bus stops. When motorists drive recklessly or become distracted, innocent children can be harmed. Sadly, the parents of nearly 630 children must mourn the loss of a child every year due to pedestrian motor vehicle accidents. An estimated 39,000 children suffer serious injuries each year in pedestrian accidents caused by negligent motorists.

If a child in your presence is struck by a car, you must know what to do in order to protect them from further harm. The following tips can help save a child’s life and make sure the careless driver is held accountable for their actions:

At the collision site:

• Never move a child that has been hit by an automobile. The child may have suffered serious and catastrophic injuries to the brain, neck, back or spinal cord, and moving them could result in further injury.
• If necessary, perform CPR.
• Dial 911.
• If the child is conscious, try and keep them awake and relaxed.
• Ask witnesses or bystanders to help get the at-fault driver’s information.

Following the accident:

• Once the child has been checked out by medical professionals and is safe, document exactly what you saw. Try and remember the details, as it is crucial for police and your attorney to have correct information.
• Keep any damaged clothing or personal items involved in the accident.
• Call a Tampa Child Injury Lawyer at Whittel & Melton – 813-221-3200.

January 10, 2013

Florida Cruise Ship Passenger Injury Lawyer :: Hundreds of Passengers Fall Ill on Caribbean Cruise

by Whittel & Melton, LLC

San Juan, Puerto Rico – A wave of illness, suspected of being a norovirus, swept across the cruise line that operates the Queen Mary 2 last month, causing 201 passengers to fall ill.

According to a spokeswoman for Cunard Line, the owner of the ship, the gastrointestinal illness outbreak subsided as the ship headed back into port, leaving just two passengers affected at the voyage’s end.

Those sickened were asked to “isolate themselves in their cabin until non-contagious.” The cruise line told ill passengers that any shore excursion costs would be refunded.

The Queen Mary 2, with 2,613 passengers and 1,255 crew members, was docked in Saint Lucia in the Caribbean when the outbreak was reported to the Centers for Disease Control and Prevention. Vessels are required to notify the agency when at least 2 percent of those on board develop a gastrointestinal illness.

The crew of the Queen Mary 2 claims they took steps to stop the spread of the virus, such as deploying teams to do additional cleaning of public areas with disinfectant.

According to the CDC, norovirus can be acquired from an infected person, contaminated water or food or even by touching contaminated surfaces containing the contagious microorganism. Norovirus causes acute gastroentitis, producing severe stomach pain, nausea, vomiting and diarrhea. This particular disease causes around 21 million illnesses a year, and an estimated 70,000 cases require patients to be hospitalized. The illness kills around 800 people a year, according to the CDC.

The Queen Mary 2 received a score of 100% on their most recent inspection by The Vessel Sanitation Program, which is a part of the Centers for Disease Control and Prevention. However, just because a cruise ship passes as being clean, this does not mean you cannot get sick while on board. Illnesses on cruise lines is not a new concern, rather it is a problem that comes up quite frequently despite active measures to prevent the problem. The following are some of the most common causes of illnesses on cruise lines:

• Potable water systems
• Food storage and preparation
• Pest control
• Jacuzzi and swimming pool maintenance
When people fall ill or are injured aboard a cruise ship, they are often confused and unsure about their rights. A Florida Cruise Ship Injury Attorney at Whittel & Melton understands the technicalities of cruise ship injury claims and can help you recover compensation for damages. If your vacation was cut short by an illness or unfortunate injury, we can help you recover the costs of medical bills, pain and suffering and other costs associated with the illness or accident.

January 4, 2013

Gainesville Workplace Accident Lawyer :: Family of Man Killed in Electrocution Accident Files Lawsuit Against GRU

by Whittel & Melton, LLC

Gainesville, FL – The family of a drilling company worker who died in 2011 after being electrocuted after he struck an underground power line has filed a wrongful death lawsuit against Gainesville Regional Utilities.

The 27-year-old man was excavating with an auger at a Gainesville apartment complex on Aug. 22, 2011 when he struck a 120-volt underground line.

The man’s mother filed a claim against GRU in October of 2012 seeking damages in excess of 15,000.

The suit claims that before any work began at the location, GRU was contacted to provide the workers with the locations of any underground electric lines. The company apparently did not mark any underground utilities in the area where the man was working.

GRU has not made any comments regarding the wrongful death suit.

Losing a family member is never easy. Losing someone close to you because of a work accident can be sudden and devastating, making your loss even harder to accept. You could find yourself facing financial impacts from your loss as well as emotional pain and suffering. Fortunately, you do not have to deal with a loved one’s work-related death alone. A Gainesville Workplace Accident Attorney can explain all of the options that may be available to you and your family.

At Whittel & Melton, we help families who have lost loved ones in workplace tragedies. We are dedicated to helping families recover full compensation for their losses. While we know that there is no amount of money that can make up for losing someone close to you, a successful wrongful death claim can provide you with the funds you need to cover bills, funeral and burial costs and take care of your family in the future.

December 12, 2012

Florida Hotel Sexual Assault Attorney :: Strauss-Kahn Apparently Reaches Settlement Agreement for Hotel Rape Case

by Whittel & Melton, LLC

Former chief of the International Monetary Fund Dominique Strauss-Kahn has reportedly reached an agreement to settle a civil suit filed by the hotel maid that accused him of rape.

According to the New York Times, full details of the settlement are unknown, but the French media reported that Strauss-Kahn would be paying the maid $6 million.

The Associated Press reported that a New York judge facilitated the deal.

In any personal injury case, there are varying degrees of injuries. In many rape cases, there may not be any serious physical injuries, but emotional and psychological trauma, which can be equally as devastating as a catastrophic physical injury, if not more. A Florida Injury Attorney at Whittel & Melton knows how difficult it can be to move forward after a violent attack and can help you obtain the necessary compensation needed to fully recover.

Sadly, sexual assault in the workplace is not a new topic. In the case involving Strauss-Kahn, a New York hotel maid alleged that he forced himself on her sexually while she was attempting to clean his room. Cases involving violent and sexual attacks are not uncommon, but it is important to understand that all employees have the right to feel safe in their work environment. When a dangerous situation arises and results in injuries, a person may be able to file a personal injury lawsuit against negligent property owners, managers and even other staff members.

December 10, 2012

Florida Cruise Ship Injury Attorney :: Cruise Industry Groups Reveal New Safety Policies

by Whittel & Melton, LLC

Two cruise industry groups, Cruise Lines International Association and European Cruise Council, announced a set of new safety measures recently that will focus on lifejacket storage, stability of heavy objects and operating procedures in the bridge area.

The new policies are the most recent to come out after an intense review of the Costa Concordia shipwreck in January.

One of the biggest changes requires new cruise ships for which a contract is placed on or after July 1, 2013 to stow lifejackets near muster stations or lifeboats so they are easily accessible in case of emergency. In the past, most cruise lines have kept lifejackets in passenger rooms.

In addition, cruise lines must also make sure there is a way to secure heavy items like pianos, treadmills or televisions at all times in case of severe weather so that passengers are guarded against injury.

Lastly, the industry has implemented a policy of enforcing consistent operating procedures on the bridge between ships on different brands owned by the same company. Cruise lines are currently working on fulfilling this policy.

Thousands of passengers are injured on cruise ships every year. However, it is important to recognize that cruise lines have an obligation to provide passengers with a safe environment. As a passenger aboard a cruise ship, you expect to enjoy a safe vacation. Sadly, many passengers are injured or killed due to cruise ship negligence. When a cruise line fails to maintain or properly inspect the ship or does not provide adequate security, serious injuries and even death can result.

December 8, 2012

South Florida Auto Accident Injury Attorney :: Two Killed, Three Critically Injured in Bus Crash at Miami Airport

by Whittel & Melton, LLC

Two passengers were killed and three critically injured last weekend when a too-tall charter bus crashed into the bottom of a concrete over pass at Miami International Airport.

The bus driver drove into the overpass despite multiple warning signs that told drivers the overpass could only accommodate vehicles under 8-feet-6-inches tall. The driver drove his 11-foot-high bus into the overpass, instantly killing an 86-year-old man and causing a 56-year-old man to die from injuries later at the hospital.

In total, three people were listed in critical condition. The 27 remaining passengers sustained various non-life threatening injuries.

Reports indicate that the bus was privately owned and had been chartered by the Sweetwater Kingdom Hall of Jehovah’s Witnesses church. The 32-person church group was headed to a convention in West Palm Beach.

The bus is owned by Miami Bus Service Corp. The company owns a total of three buses.

Federal Motor Carrier Safety Administration records show the company has had no previous violations for unsafe driving or controlled substances and alcohol. However, records did show the company received three citations related to driver fatigue in April 2011.

While bus accidents are not common occurrences, when these accidents do happen, they can bring immense tragedy. Hundreds of people every year are killed or seriously injured in bus accidents. Sadly, the injuries sustained in these types of accidents are often more devastating than injuries suffered in passenger vehicle accidents. This is partially due to the fact that most buses fail to provide passengers with seat belts.
Bus accidents can be caused by many factors, but primarily these accidents occur when bus companies fail to abide by safety protocols, improperly train drivers or fail to properly maintain their buses.

The injuries a passenger may suffer following a bus accident can range in severity, from minor to life-threatening and may include the following:

• Sprains
• Burns
• Abrasions
• Fractures
• Internal Injuries
• Traumatic Brain Injuries

• Spinal Cord Injuries

• Loss of Limbs or Disfigurement

• Wrongful Death

November 28, 2012

Florida Wrongful Death Attorney :: Monster Energy Drink Believed to have Caused Several Deaths

by Whittel & Melton, LLC

Incident reports released by the Food and Drug Administration have cited that Monster Energy, a beverage that is highly-caffeinated may have caused five deaths within the last three years.

These reports were recently obtained under the Freedom of Information Act by the mother of a 14-year-old Maryland girl who passed away in December from a heart arrhythmia after she drank several cans of Monster Energy within two days.

In October of this year, the mother of that teenager filed a lawsuit against Monster Beverage claiming that the company failed to adequately warn consumers of the risks associated with its products.

A spokeswoman for the company said its products were in fact safe for use, and not at all the cause of the teen’s death.

Monster Beverage currently makes a variety of energy drinks with names such as Monster Rehab, Monster Assault and Monster Heavy Metal. According to labels on their containers, they are “not recommended” for some consumers, including children and people “sensitive” to caffeine.

In general, healthy adults can safely consume high amounts of caffeine from various beverages like coffee, tea and energy drinks, but since caffeine acts as a stimulant, consuming large quantities can pose risks to those with underlying conditions such as heart disorders.

The Maryland teen apparently drank a 24-ounce can of Monster Energy that contains 240 milligrams of caffeine.

The lawsuit filed on behalf of the teen referred to autopsy and medical examiner reports that said she died of “cardiac arrhythmia due to caffeine toxicity” that had intensified an existing heart condition. The report indicated the teenager had Ehlers-Danlos syndrome, which can affect blood vessels in the body. The 14-year-old was apparently aware she had an underlying heart problem, but the family said her doctors had not warned her to limit physical activities or reduce her caffeine use.

Most energy drinks like Monster Energy, NOS, Red Bull and others contain possibly hazardous levels of caffeine and other stimulants like guarana and taurine. The side effects of energy drinks can pose serious life-threatening health problems to consumers, especially children and young adults. Research suggests that energy drinks have significantly increased in popularity over the last 10 years. In fact, it has been estimated that between 30 and 50 percent of children and young adults consumer energy drinks on a regular basis.

Current F.D.A. rules do not require companies to disclose caffeine levels in their beverages. Companies also have the option of marketing products as drinks or as dietary supplements.

November 19, 2012

Florida Auto Accident Lawyer :: Drive Safe & Enjoy Your Thanksgiving Holiday

by Whittel & Melton, LLC

St. Petersburg, Florida – Thanksgiving is a wonderful time to spend with friends and family and reflect on all the blessings in our lives. Unfortunately, statistics do show that during this holiday weekend the number of car accidents drastically increase, making Thanksgiving one of the most dangerous and deadliest times to be on the road.

There were 337 motor vehicle fatalities throughout the U.S. during the 2010 Thanksgiving holiday, according to the National Highway Traffic Safety Administration. Last year, 431 traffic deaths were reported during this holiday period, which includes Wednesday evening through early Monday morning.

The American Auto Association has predicted that 43.6 million Americans will travel at least 50 miles this Thanksgiving, which is an increase in 0.7 percent from last year. Nearly 90 percent of travellers will be making their trips by car, making roadways across the United States busier than ever. With so many people choosing to drive, it is important to prepare yourself accordingly for holiday travel.

Here are a few tips you can follow to make sure you and your family arrive at your destinations safely:

1. Wear Your Seat Belt.

2. Make Sure You Are Well Rested Before Making a Long Trip.

3. Before Heading Out, Check the Weather Forecast.

4. Make Sure Your Car is in Good Working Condition before making any Trip. Check
the tires, battery and fill your gas tank.

5. Avoid Speeding and Careless or Distracted Driving. You will likely experience increased traffic volumes this year so make sure you give yourself plenty of time to get to your destination.

6. Never Drink and Drive. Avoid alcohol at your gatherings unless you have a safe way to get home. Be aware that other drivers sharing the roadways may have consumed alcoholic beverages, so be extra cautious this holiday weekend. Keep in mind that the Wednesday before Thanksgiving, also known as “Blackout Wednesday,” is one of the busiest drinking nights for college students returning home for the holiday. Understand that other drivers may not have safety as their number one priority.

November 12, 2012

Levy County Wrongful Death Attorney :: Chiefland Trucker Killed in Fiery Collision on I-75 in Tampa

by Whittel & Melton, LLC

A 44-year-old Chiefland truck driver was killed Nov. 2 in a fiery accident that closed northbound lanes of Interstate 75 near Fowler Avenue for six hours.

According to the Florida Highway Patrol, a 20-year-old Tampa woman was merging onto I-75 north when she crossed into the path of a Panama City man, 48, driving a semitrailer truck loaded down with cardboard boxes.

The driver of the semitrailer apparently swerved into the inside lane to avoid hitting the woman’s 2001 Ford Focus, but collided with the deceased man’s truck, which was carrying aluminum gussets.

The man was pronounced dead at the scene after his truck caught on fire in the median.

Unfortunately, accidents similar to the one in the story above are quite common and often fatal on Florida’s roadways. A truck accident can take a loved one from you in the blink of an eye. The pain, suffering and loss of a primary wage earner can be a truly devastating event for a family. A Chiefland, Florida Accidental Death Lawyer can help you and those close to you get through this challenging time. Many families believe that after the death of a loved one that they can handle the overwhelming matters that come along with a tragic accident like a truck crash themselves, but the reality is that you must think about funeral expenses, lost wages, medical expenses and other bills in addition to focusing on your own emotional recovery. This can often be too much for an individual or family to take on alone.

While nothing can bring back the death of a loved one, it is important for families to understand that they have legal recourse. Filing a wrongful death lawsuit can make sure all negligent parties are held accountable. A wrongful death lawyer at Whittel & Melton can investigate every aspect of an unfortunate truck accident. This can include analyzing the crash site, truck maintenance records, a driver’s log book and employee records. Further investigation may reveal multiple parties are to blame for your loss.

Even when every safety precaution is taken, a truck accident can be caused for any number of reasons, including:

• Driver Fatigue
• Inadequate Maintenance
• Driver Error
• Speeding
• Improperly Loaded Cargo