Florida Personal Injury Lawyers Blog

May 25, 2009

Ocala, Florida Car Accident Attorney News Update :: Marion County, FL Man Dies in Alleged Single Car Crash

by Whittel & Melton, LLC

Florida Highway Patrol has reported to the Ocala Star Banner that a 27-year-old man has died as a result of losing control of his vehicle in Marion County. FHP reports that the man’s 2000 Nissan pickup truck was headed south on County Road 314A near Southeast 65th lane when he lost control, struck a tree and was ejected.

Reportedly the man was flown to Gainesville, where officials at Shands University of Florida Hospital pronounced the young man dead. FHP has concluded the young man was not wearing his seatbelt. It is unknown at the time of this post whether or not any other cars witnessed the crash, if others were involved in the turn, or have an estimate as to the driver’s speed before allegedly losing control.

Marion County and Ocala have incurred 30 traffic-related fatalities this year. Thirty traffic homicides would suggest that we are on pace to see fewer deaths, as 2008 reportedly had 96 traffic fatalities. However, summer and the holiday season are still in fornt of us and these are the times when alcohol and youngsters, which are out of school, collide with sometimes drastic results.

April 1, 2009

Hernando County Premises Liability Lawyer News Update: Weeki Wachee Springs Tram Overturns – Injuring At Least Two

by Whittel & Melton, LLC

The tram located at historic Weeki Wachee Springs Amusement Park, located just outside Spring Hill, Florida, sent at least two away with injuries on Saturday. The tram is called The Mermaid Express in honor of the well-known Mermaids who perform at the park.

According to news reports from Hernando Today, reporter Tony Marrero, two of the three tram cars overturned. At least two of the park’s visitors sustained injuries, including a gash to the elbow and bruises to the arm. Due to the severity of the accident, at least one of the injured victims was transported to the hospital.

Unlike personal injuries sustained in an auto accident, any type of injury sustained in a premises liability action does not need to be permanent in order to receive compensation for pain and suffering. Different types of Premises Liability actions can include a Slip and Fall, Hazardous Materials, Damaged Parking Lots, Unfilled Holes, Drowning, Electrocution and Electrical contact, etc.

March 24, 2009

Wesley Chapel Personal Injury Lawyer news Update: Youth Injured in Pasco County Car Crash

by Whittel & Melton, LLC

According to news reports, an 18-year-old was in critical condition after a traffic crash landed him in Tampa General Hospital with serious injuries. According to the preliminary reports, the driver allegedly attempted to merge into traffic at State Road 54 from the shoulder and lost control of his Volkswagen. Ultimately, according to the Florida Highway Patrol, his Volkswagen hit a utility pole and a tree.

At the time of this post, neither the driver nor any of the other drivers were charged in the accident. It does appear that the 18-year-old was wearing his seat belt; however, liability for the incident has not yet been determined from the State of Florida’s point of view.

Most drivers who are injured in accidents have written traffic citations to believe that they are forbidden from recovery in civil court for injuries. In fact, the liability or fault of any accident rests solely with a jury, and no insurance company or judge can ever tell someone that because they were ticketed, they aren’t entitled to compensation.

It is well-settled under Florida law that the jury is the lone determiner of liability. To that end, the fact that a citation was written in an accident is inadmissible in a trial.

March 17, 2009

Brooksville Personal Injury Lawyer News Update: Driver Dies and Passenger in Serious Condition in Brooksville Car Accident

by Whittel & Melton, LLC

Reports indicate that a Brooksville, FL car accident involving a 2003 Toyota resulted in a car slamming against a tree several miles east of town. Florida Highway Patrol is investigating this Brooksville car crash, but preliminary reports show that the accident only allegedly involved one motor vehicle.

Legally speaking, there are two probable legal actions which will accrue from this event. There could be wrongful death action if it can be shown by the personal representative of the estate of the driver that the accident was caused by another motorist or defect in the road or the car he was driving. In addition, the passenger of the vehicle has been listed in serious condition and would have a viable motor vehicle negligence action if applicable insurance policies exist. As a passenger, of course, it is extremely rare that any liability could be attributed to him, so the real legal issue is how much are his damages (injuries) worth and whether or not they can be linked to the accident (causation).

Many folks are confused by these types of cases, but as an example, the passenger of the motor vehicle could bring an action against the driver’s BI coverage and then, if applicable, could have a remedy available against both the driver’s UM and his own UM.

March 16, 2009

Hernando County Wrongful Death Attorney News Update: Hernando Beach, Florida Man Dies in Single Car Accident

by Whittel & Melton, LLC

As reported by the Hernando Times, a local VFW commander and family man was driving his truck home and lost control, slamming the vehicle into a tree. According to the Florida Highway Patrol this single-car fatality is still under investigation, but preliminary notes show the accident to have occurred around 1 a.m.

It is not uncommon in single-car fatality crashes to learn that not all vehicles suddenly go out of control. If an investigation or reconstruction shows that a motor vehicle car crash is as a result of another driver or flaw in the road construction, design or engineering, than a Wrongful Death action could begin.

Often times, people ask, how you can make a financial recovery for a grieving family when a loved one dies at the hands of an unknown driver? Who do you sue? Simply put, this is exactly why when purchasing car insurance, one must purchase under or uninsured motorist protection or also called UM or UIM. For instance, in the above mentioned fact pattern, should it be learned that this driver was merely avoiding another driver who was traveling on the wrong side of the road, then by definition an action could be brought on behalf of the Personal Representative of the Estate of the deceased individual. Because we do not know the identity of the other driver, he is by definition underinsured or uninsured – in the injury legal community, we refer to this driver as a Phantom Vehicle.

In addition, there have been matters brought due to the lack of maintenance or the poor engineering of a road in a single car accident. These are more conventional legal actions, as the Florida Department of Transportation or the local County or Municipality will have hopefully have insurance for their roads and maintenance and engineering.

March 10, 2009

Hernando County Wrongful Death Lawyer News Update: Hernando County Sheriff’s Captain Killed in Car Crash

by Whittel & Melton, LLC

Hernando County was stunned when 42-year old Captain Scott Bierwiler was struck and killed in a head-on collision with a Hernando County youth while driving to work.

Reports indicate that the Hernando County law enforcement official was traveling to work at 5:45 a.m. when a 16-year old driver crossed over the median with his parent’s Mitsubishi Montero. The accident occurred on Powell Road, just south of Brooksville, in unincorporated Hernando County.

Legally, a Wrongful Death action could be filed by the Personal Representative of the Estate of Captain Bierwiler against the family of the driver of the Mitsubishi vehicle. It is also possible that a potential Worker’s Compensation claim could be made against Hernando County Worker’s Compensation carrier.

February 27, 2009

Pedestrian Critical after Spring Hill, FL Auto Accident

by Whittel & Melton, LLC

Hernando County authorities have been busy of late with pedestrians struck by Florida drivers. According to the Hernando Times’ Kyle Martin, a 35-year old Spring Hill woman was recently hit by a Jeep Laredo as she walked on the side of Amero Lane in Spring Hill–the unincorporated population center of Hernando County, Florida.

Reports indicate the Spring Hill woman’s condition is critical. It is unclear what the circumstances surrounding the pedestrian’s actions or the inaction of the driver to avoid the auto accident.

Spring Hill Personal Injury Lawyer Jason Melton represents victims of car crashes where a pedestrian is injured. Assuming the fault of the auto injury falls upon the driver of the Jeep Laredo, it is commonplace in such an accident that both the Bodily Injury (BI) Auto Insurance coverage of tort feasor (here, that would be the driver of the Jeep Laredo) and the Under or Uninsured Motorist (UM) Auto Insurance coverage of the injured party would come into play.

February 15, 2009

Brooksville, Florida Bicyclist Struck and Killed by Phantom Vehicle

by Whittel & Melton, LLC

According to the Hernando Times, a 51 year old Brooksville, FL man was struck by an unknown automobile or truck on Broad Street while riding his bicycle. The man was discovered by a passing driver, but unfortunately he passed away at Brooksville Regional Hospital due to his injuries.

The driver of the offending vehicle, to date, has yet to be found.

When a car crash is caused by an unknown driver, it is commonly referred to as a “phantom vehicle.” This terminology is important when representing families on behalf of those seeking compensation for a lost loved one in a wrongful death lawsuit or a simple automobile injury case where the car or truck that caused the accident is unknown.

In Florida, there are two forms of financial protection from an accident such as this. First, every automobile insurance policy in Florida contains No Fault or PIP Benefits. These benefits can used for injuries despite who caused the the accident or thewhether the other car or truck driverhad insurance. But most importantly, this is a case where your Under or Uninsured Motorist Coverage can come into effect. Because a “Phantom Vehicle” is by definition not insured, your coverage will act in the place of this the phatom driver’s carrier.

February 14, 2009

Pasco County Highway Auto Accident leaves one dead, one injured

by Whittel & Melton, LLC

According to the St. Pete Times, two cars crashed into one another on the Sun Coast or Veterans Expressway(SR589) in Pasco County. The motor vehicle accident left a 70-year-old woman dead and seriously injured a 64-year-old Spring Hill, FL man.

Under Florida Law, a Pasco County Auto Accident Lawyer will need to show that the injuries sustained by the Spring Hill, Florida man were permanent in order to collect pain and suffering from any applicable insurance policies. The lawyer for the family of the deceased victim will also need to be cognizant of the 2-year statute of limitations that covers any Pasco County Wrongful Death Lawsuit.

February 13, 2009

Hernando County Auto Accidents injures one and leaves another dead

by Whittel & Melton, LLC

A Brooksville, FL woman was killed when she was struck by a Hernando County motorist traveling on US 41. According to the Hernando Times, the Florida Highway Patrol is conducting a traffic fatality investigation and has yet to charge the Spring Hill, FL man who struck the 33-year old Brooksville woman as she attempted to walk across the busy street. Fatality investigations can take weeks or months to conclude.

On this same evening on the other side of Hernando County there was another fatal car accident, involving an 18 year old Spring Hill woman who was tansported to the hospital for injuries sustained whne she lost control of her motor vehicle while traveling on Mariner Blvd. in Spring Hill, Florida. Hernando County law enforcement estimated that that crash involved $25,0000 in property damage.

In all auto injury and wrongful death matters, a complete investigation must be conducted to assess the who is liable for the accident, applicable insurance coverage and the totality of the damages. The sooner a Hernando County Personal Injury Attorney is contacted, the better the car accident investigation will be.