Florida Personal Injury Lawyers Blog

December 30, 2009

Brooksville, Florida Man Seriously Injured in Accident with Mack Truck at Pasco-Hernando County Border

by Whittel & Melton, LLC

An 80-year-old Hernando County resident was rushed to Spring Hill Regional Hospital for treatment of a critical injury. The local news is reporting that this Central Florida octogenarian was driving his 1984 Datsun pickup truck on County Line Road (Hernando County side) and drifted in the westbound lane (Pasco County side) causing a head-on collision with a tractor-trailer.

The news reports that the driver of the truck was not wearing a seatbelt, yet was uninjured in the serious motor vehicle crash. Generally a truck accident of this magnitude this will make an immediate impact on insurance policies. Obviously, if the driver of the work truck was engaged in some kind of employment and interesting legal scenario can evolve whereby he may have both a workers’ compensation claim with his employer’s policy, but also have a simple auto negligence claim for the actions of the 1984 Datsun. In other words, after the workers’ compensation claim is completed, the automobile insurance policies can distribute appropriate compensation for the pain and suffering that went unreimbursed during the workers’ compensation claim.

Often times, drivers involved in such a serious accident may be “uninjured” only to learn later of chronic neck and back pain. The reason for this is different in every case but commonly you will find that: 1) The Emergency Room doctors do an exceptionally poor job of determining levels of pain if it is abundantly clear that no life threatening injuries are apparent; 2) After a big collision the human body does an amazing job of masking pain to help cope with the situation; and 3) When another person is very seriously hurt, your injuries, although serious, may seem relatively minor.

November 9, 2009

University of Florida grad tragically dies in Gainesville Car Accident

by Whittel & Melton, LLC

The Gainesville Sun is reporting that a 24 year old woman was tragically hit by a car and killed Monday night on Archer Road in Gainesville.

According to police, the accident occurred at 6:45 p.m. while the young woman was walking south in the 2300 block of Archer Road. Apparently, she was not walking in a crosswalk when an eastbound driver moved into the center lane of the three-lane roadway to avoid a group of pedestrians, and hit her. Police spokesman said it appeared the left front bumper of the car struck the pedestrian, who rolled on top of the hood. She was pronounced dead a short time later at the trauma unit at Shands at the University of Florida.

Alachua County traffic homicide unit officials do not believe that was due to drug or alcohol impairment.

Although it is probably not the first priority on their minds today, the victim’s family may have a claim for wrongful death against the driver. Generally, under Florida law, Wrongful Death actions are lawsuits that arise after an individual dies as a result of the negligence of another. In Wrongful death actions, a lawsuit must be filed within two years of the accident, instead of the usual four years that is required in other civil lawsuits. It is for this reason that it is so important for families who have lost a loved one e due to the negligence or carelessness of another, to contact an experienced wrongful death attorney promptly to discuss their case—otherwise, they may lose the ability to assert a claim.

October 9, 2009

Jury sends message with $330 million verdict in Brooksville DUI case

by Whittel & Melton, LLC

This Wednesday, a Brooksville jury awarded Angela Stone, a mother who lost her 12-year-old daughter in a DUI crash, $330 million in civil damages for wrongful death. This verdict is believed to be the largest award of its kind in Hernando County history. Tony Marrero from the St. Petersburg Times interviewed the jury foreperson after the verdict was rendered and she said that the award was so large because the jury felt that “Nothing can compensate her [the mother]…but if the figure that sits in the newspaper looks so enormous it stops one person and spares one family that kind of tragedy, it’s enough.”

The Defendant, Christopher Marcone is already serving 13 years in Florida State prison for DUI manslaughter. It is unlikely that Ms. Stone will recover the entirety of the $330 million, since the defendant is incarcerated, but that’s not really the point.

What’s important to take away from this case is that many people do not know what rights they have when they lose a loved one to a DUI crash. When someone dies in a DUI accident caused by another driver, the personal representative from the decedant’s estate has the ability to file a wrongful death lawsuit and to ask for punitive damages, not just compensatory damages. Under Florida law, there is no cap on punitive damages. However, there is a sort of “race to the courts” in wrongful death cases because the estate representative has only two (2) years to file their lawsuit. And in order to do this, they must first set up an estate on their loved one’s behalf to be able to sue.

October 5, 2009

Wesley Chapel motorcyclist dies in accident

by Whittel & Melton, LLC

TBO.com is reporting a sad tragedy from last week. According to Florida Highway Patrol reports, a Wesley Chapel motorcyclist died Sunday night after he lost control of his motorcycle and crashed in the southbound on Interstate 75 at State Road 56.

According to reports, the motorcycle crashed into the median and struck a guardrail. The driver, who was wearing a helmet, was ejected from the motorcycle and ended up in the grass median where he died at the scene.

Unfortunately, motorcycle accidents are a major concern to Highway Safety advocates. The National Highway Traffic Safety Administration (NHTSA) estimates that approximately 4,800 people died in motorcycle accidents in 2006 and around 88,000 were injured. The State of Florida led all states in crashes that resulted in fatalities.

August 27, 2009

Hernando Car Accident Attorney Report :: Florida Highway Patrol cites more than 1,000 red light violations

by Whittel & Melton, LLC

This week, the Florida Highway Patrol announced the results of the law enforcement initiative that focused on drivers who run red lights. FHP participated in the National Stop On Red Week, and troopers issued 1,190 red light citations along with other citations for poor driving behavior–such as speeding and failure to wear a safety belt.

Last year, red light running in Florida led to 76 fatalities and 7,100 car accidents where property or people were injured. According to the FHP, the leading excuse offered by drivers for running a red light is “being in a hurry.”

If you have been injured in a Hernando County car accident, you need an experienced attorney to fight for your rights. The attorneys at Whittel & Melton, LLC seek a fair settlement in every case we handle, and build every case with an eye toward trial so that when drivers–and the insurance companies that represent drivers–do not make a fair settlement offer, we can fight for you in court. If you were hurt in a motor vehicle accident, contact us online or call 1-866-608-5529.

August 9, 2009

Spring Hill, FL Minor Injured in High Speed Chase in Pasco County

by Whittel & Melton, LLC

Erin Sullivan of the St. Petersburg Times reports that in a wild series of events, a twenty-year-old Hernando County resident went from being an injured passenger in a traffic accident in Holiday, Florida to becoming a resident of the Pasco County Jail in Land O’ Lakes.

Apparently, the young man was headed back from Clearwater Beach when a female companion who was driving got into a motor vehicle accident. When she exited the car to presumably exchange information with the other driver, the story goes that this young man took the car and wound up in a high-speed chase with a Pasco County Deputy that ended in an accident. The last stop for this car chase was rear-ending a stopped vehicle at a red light that upon impact rear-ended the vehicle in front of it. Ultimately, he was involved in two accidents and was charged with Aggravated Fleeing & Eluding.

The several victims of this car chase will be faced with some interesting legal challenges. Namely, the attorneys for the several insurance polices that may or may not be applied to this accident or event will be considering their position in relation to the alleged events. Because the taking of the car, by the twenty year old in jail, may be considered an intentional tort and/or driving without permission (non-permissive driver), a defending insurance company may have a “coverage defense” for the accident. Ultimately, several insurance policies will need to be vetted by the Pasco County Injury Attorney before any injured party from this accident resolves their case.

July 29, 2009

Pinellas County Accident Lawyer update:: Man dies after car malfunctions

by Whittel & Melton, LLC

Tampabay.com is reporting that a 74-year-old man died Tuesday afternoon after he was forced to exit his car to address his car’s mechanical issues. According to the report, the man got out of the car but then collapsed into the road. Sadly, he later died at Northside Hospital.

The Florida Highway Patrol’s investigation into the accident reveals that the man was driving eastbound on 54th Avenue N approaching 28th Street N, and when the car came to the intersection, something malfunctioned and the car shut down. Troopers say that when the man left the car he “suffered a medical condition” and fell to the ground. They are still investigating.

July 27, 2009

Spring Hill Car Accident Attorney news update :: One upside of bad economy may be fewer traffic deaths

by Whittel & Melton, LLC

According to TampaBay.com, Florida’s roads are the safest they have been in years, and some credit this trend to the bad economy.

The state’s traffic deaths dropped in 2008 to their lowest level in eight years, according to the Florida Department of Highway Safety and Motor Vehicles. In addition, traffic fatalities dropped 7 percent from 3,221 deaths in 2007 to 2,983 in 2008. And it was the first time traffic deaths have dropped below 3,000 since 2000.

Experts say that these trends are attributable to people cutting back on travel, entertainment and gas. People aren’t having that extra drink that could cause them to drive impaired or they are not going out to eat at all. Many people—an estimated 12 percent in Hernando County– no longer have a job to drive to everyday. All of these factors contribute to less cars on the road and less accidents.

However, according to the report, Hernando County Motorcycle injuries rose–specifically, motorcycle injuries went from 99 to 122, a 23 percent increase in 2008. Some experts attribute this to the poor economy also. To save gas, more people may be opting to ride motorcycles, rather than drive cars.

July 17, 2009

Hernando County Accident Laywer Update: Hernando County truck crash ends in tragedy

by Whittel & Melton, LLC

According to the Florida Highway Patrol, a semitrailer truck rear-ended a Dodge van just south of State Road 50. The van crashed into the guardrail and caused the semi to overturn and catch fire. The southbound lanes were closed for about four hours after the accident.

The truck driver, who has not been identified, was killed in the crash. The driver of the car suffered only minor injuries in the collision.

If you have been hurt in a truck crash that was not your fault, you deserve to be fairly compensated. Whittel & Melton, LLC have handled many cases on behalf of Hernando County clients who were victims of tractor-trailer accidents. Our office is designed to see that our clients get fair compensation for their injuries. If you have been injured in a Hernando County truck accident please contact our office to schedule a free consultation.

June 14, 2009

Pasco County, FL Negligent Security Attorney News Update: Land O’Lakes, Florida Teenager Killed Outside Clubhouse

by Whittel & Melton, LLC

The Tampa Bay Times is reporting that a 17-year-old young man was shot and killed during a party at the Lake Padgett Estates in Land O’Lakes, FL. The 2:00 a.m. shooting occurred allegedly in a parking lot outside of the evening festivities.

The reported information indicates that a group had gathered outside the development clubhouse, specifically in the parking lot. It is unknown what the Pasco County housing development knew regarding any other criminal activity in the area. This shooting may open up the development to liability as a Premises Liability action or what is coined a Negligent Security lawsuit.

Negligent Security actions are most commonly found in parking lots out front of clubs or convenience stores where criminal activity is known to be a problem in the area. Florida law obligates property owners to create safe environments and avoid foreseeable risks for their guests. The most obvious way for owners to help themselves and their customers can be simply to employ security and install cameras – but unfortunately, many do not. The Pasco County Sheriff’s Office continues to investigate and may make an arrest in this case.