Florida Personal Injury Lawyers Blog

October 25, 2011

Levy – Alachua – Marion County Car Accident & Injury Attorneys Whittel & Melton :: Ocala Driver and Passenger Injured as a Result of Driver Fatigue

by Whittel & Melton, LLC

A 41-year-old Georgia woman riding shotgun in a 1982 Chevrolet pickup was critically injured in a single-vehicle crash in Levy County near Morriston, Florida early Saturday after the driver supposedly fell asleep at the wheel.

The driver, a 44-year-old Ocala man was seriously injured in the crash.

According to the Florida Highway Patrol, the pickup crossed southbound through traffic lanes, entered the grass shoulder, struck a concrete culvert and went airborne for approximately 64 feet before landing on its wheels.

The driver allegedly told troopers he dozed off before he lost control of the vehicle.

Neither party was wearing a seat belt, according to the crash report. They were both transported to Shands at the University of Florida in Gainesville.

FHP is further investigating the crash.

According to an AAA Foundation Study conducted in 2010, 41 percent of the population surveyed admitted to falling asleep behind the wheel at some point when operating a motor vehicle. This study was based on the results of a nationwide telephone survey of 2,000 drivers and the National Highway Transportation Safety Administration’s car accident facts over the past 10 years. Based on this information, the AAA Foundation found that a drowsy driver was the culprit of one out of every six fatal crashes and one out of eight collisions that result in serious injuries.

Driver fatigue can be caused by numerous factors other than not getting enough sleep at night, including:

• Prescription and over the counter medications with drowsiness as a side effect
• Consuming alcohol
• Sleep Disorders that are undiagnosed or untreated
• Driving Overnight
• Driving long distances without stopping for a rest

It is important to note that there are no measurable standards set in place to determine driver fatigue. The experienced Florida Car Accident & Injury Attorneys at Whittel & Melton can help gather evidence related to your accident to build a compelling case on your behalf. Depending on the facts related to your accident and injuries, you may be awarded compensation for medical bills, lost income and pain and suffering.

Drowsy driving is reckless driving and completely preventable. Sleep is a biological necessity for every human being and the ONLY cure for driver fatigue. The NHTSA estimates nearly 100,000 accidents each year are caused by fatigued drivers, resulting in approximately 1,550 fatalities, at least 40,000 injuries and an astounding $72.5 billion in financial losses. Drowsy driving accidents can have severe consequences for their victims, including disability and disfigurement, chronic pain, mental anguish, staggering medical bills and even wrongful death.

October 14, 2011

Gainesville, FL Motorcycle & Scooter Accident Injury Attorneys Whittel & Melton :: University Baseball Player Injured on Scooter in On-Campus Crash

by Whittel & Melton, LLC

An 18-year-old University of Florida freshman baseball player was injured Sept. 27 after his scooter struck a car on the Alachua County campus.

The student was ejected from his scooter after colliding with a BMW 525i. Both motorists were supposedly attempting to make a left-hand turn when the man’s scooter hit the back of the woman’s car shortly before 7:30 p.m.

The driver of the BMW was cited by the University Police Department for failure to yield to a driver turning left.

The man’s head was bleeding while awaiting emergency responders. Responders from Alachua County Fire & Rescue wrapped his head with bandages before placing him on a stretcher and transporting him to the hospital.

A Florida spokesman said the student athlete was held overnight at Shands Hospital for observation. He was supposedly released the next morning, but no further update could be provided regarding his health.

Scooter and motorcycle accidents can often result in serious personal injuries and even wrongful death. There tends to be a larger risk of serious brain and back injuries to scooter and motorcycle riders because of the lack of protection these vehicles offer. Other common injuries include head injuries, spinal cord injuries, neck injuries, broken bones, paralysis and severe burns.

If you were injured while on a scooter or motorcycle because of another person’s negligence you may be able to seek compensation for pain, suffering and medical costs. Sometimes knowing the proper steps to take following a scooter accident can make filing your claim easier. Here are a few helpful tips if you find yourself involved in a collision:

• Get Insurance Information: Make sure you ask any parties involved for their names, phone numbers, addresses and insurance information for later use. If there are any witnesses to the accident, it can be beneficial to get their personal information as well. If needed, witness testimony can often strengthen your case.

• Take Photos: Many of today’s cell phones have camera features, so try and snap some visual evidence of the accident scene. Taking pictures of your damaged scooter or motorcycle is also a good idea.

• Do Not Get Rid of Your Scooter: Keeping your damaged scooter can serve as evidence during negotiations or trial for your accident claim. No matter how damaged, your scooter should be preserved if possible. Accident reconstructionists can often use your scuffed up scooter as a starting point for recreating the collision scene.

• Keep Quiet: You should try and only give statements regarding your accident to your motorcycle or scooter accident attorney. Speaking with investigators, insurance companies or newspapers can be detrimental to your case because words can get twisted and be used against you in court.

Scooter and motorcycle accidents are unfortunately a common occurrence on busy Florida streets. Many drivers of large cars and trucks are guilty of distracted driving and can fail to observe vehicles like scooters or motorcycles on the roadways. Because the weight of a motorcycle or scooter is significantly less than a car or truck, scooter and motorcycle drivers typically sustain catastrophic injuries from wrecks.

The experienced attorneys at Whittel & Melton understand how devastating scooter and motorcycle injuries can be. We can evaluate property damage and consult with any possible witnesses to identify all potential liable parties. Contact our firm today for a completely confidential and free consultation.

October 3, 2011

New Port Richey, FL Traumatic Brain Injury Lawyers and Head Injury Attorneys Whittel & Melton :: Hudson Man Charged in December Crash that Killed a Passenger and Seriously Injured a Driver

by Whittel & Melton, LLC

A 46-year-old Hudson, Florida man has been charged in a December accident that killed a woman and left a man with serious brain injuries.

The driver was allegedly intoxicated when he crashed his 2004 Lincoln sedan into a moped around 9:30 p.m. on Dec. 15. According to Tampabay.com, the impact of the collision instantly killed the passenger on the moped, a 27-year-old female from New Port Richey.

The 24-year-old driver of the moped was reported seriously injured according to Florida Highway Patrol and has had several brain surgeries since the crash.

The man responsible for the crash supposedly had a blood alcohol level of 0.095. He faces charges of DUI manslaughter, DUI with serious bodily injury and DUI with property damage. His bail was set at $16,000.

If you or a family member has suffered a traumatic brain injury caused by a DUI accident, you could be eligible to recover compensation for the brain or head injuries sustained. The Traumatic Brain Injury Lawyers at Whittel & Melton can help you and your loved ones obtain financial compensation for medical expenses, loss of benefits, lost wages, mental anguish, physical pain, medical equipment and rehabilitation fees.

The most common cause of a traumatic brain injury, or TBI, is an extreme blow or force delivered to the head. The National Institute for Health’s research shows that car accidents, which includes DUI-related collisions are responsible for around half of all TBIs in the U.S. annually. TBIs can take years for a victim to recover from, if there is a possibility for full recovery, and can affect a person’s speech, memory, mobility, concentration, personality, behavior and obviously capacity to earn a living.

TBIs can present themselves in a variety of ways, and it is important to note that you and the ones you care for have rights despite whether injuries can be seen. Brain damage is permanent and can have a wide range of physical, emotional and cognitive symptoms that can often be misunderstood. It is not uncommon for mild TBIs to be overlooked because it can take time for a victim of an accident to start showing signs of injury. Even the slightest brain injuries can have a lasting impact on the way a person lives his or her life. Warning signs associated with a TBI can include nausea, confusion, seizures, depression, personality changes, irritability and other types of behavioral and emotional problems. A TBI can range in seriousness from a mild concussion to permanent physical, mental and emotional impairments, coma, seizure disorders, paralysis and even wrongful death.

The Florida Brain and Head Injury Lawyers at Whittel & Melton recognize that brain trauma, like TBIs related to DUI wrecks, can create continuing aftereffects. Our staff and attorneys are well experienced working with experts in the fields of neuroanatomy, medicine and rehabilitation planning.

October 2, 2011

Tampa, FL Car Accident & Injury Lawyers Whittel & Melton :: Angry Driver Unleashes a Bad Case of Road Rage During Afternoon Rush Hour

by Whittel & Melton, LLC

A 54-year-old Tampa, Florida man is accused of partaking in some angry and aggressive driving after work on Monday afternoon.

According to reports, the man decided to take matters into his own hands because he was upset about “getting run off the road.”
According to WTSP.com, the man rammed a marked Tampa Airport Police cruiser before leading additional officers trailing him on a 3 and half mile chase in his 2007 Ford Mustang. Police reports allege the man hit at least five other motorists intentionally along the way.

When the man finally stopped his car, he supposedly climbed on top of his Mustang and began jumping from car to car, and then attempted to direct traffic.

Streams of phone calls were made by victims and witnesses to 911.

Tampa Police finally caught the man around 7:30 p.m. He allegedly stabbed an officer with his car keys before he was taken down.

The man was charged with two counts of aggravated battery on a law enforcement officer, obstructing an officer with violence and 16 counts aggravated battery with a deadly weapon for each time he slammed his car into someone else’s vehicle.

It was not reported whether anyone was seriously injured during the incident.

The man was taken to Falkenburg Road Jail with bail set at $142,500.

Road rage can result in more than just property damage and personal injury. It can lead to all kinds of problematic situations, and even end with criminal implications. While the man in this case was arrested on criminal charges, any victims suffering injuries from his intentional aggression on the road have the option of further pursuing their injury claim in civil court to recover punitive damages. Punitive damages can be sought as a means to punish the wrongdoer when his or her actions demonstrate a willful wrongdoing despite possible penalties.

Unfortunately, road rage is an all too common problem throughout the United States. Many drivers take out their stress, anxiety and anger on other drivers without realizing the danger they pose to other motorists. In a study conducted by the AAA Foundation for Traffic Safety, it was found that more than 1,500 people are injured or killed every year as a result of road rage or aggressive driving. Dangerous driving is indeed a form of negligent or reckless behavior, which is unacceptable under any circumstances. Those who are careless of others safety on the roadways must be held accountable. If you have suffered injuries due to an accident involving road rage, you can count on the Florida Car Accident & Injury Lawyers at Whittel & Melton to be on your side and fight for what you rightfully deserve.

Road rage accidents can often take drivers by surprise, but there are ways to tell if road rage played a part in your wreck. Noticeable signs of aggressive driving include obscene gestures, flashing headlights, deliberate destruction of other cars and verbal or physical abuse. If you noticed any of these signs in your accident, or if evidence points to aggressive driving, you may have grounds for a personal injury claim.

September 9, 2011

Florida Amusement Park Injury & Wrongful Death Lawyers Whittel & Melton :: Decorated Iraq War Veteran’s Family Files Wrongful Death Suit after Theme Park Violates Safety Precautions

by Whittel & Melton, LLC

The family of a double-amputee veteran who died after being ejected from a roller coaster at the Darien Lake amusement park filed a wrongful death lawsuit on Friday against two companies associated with the park.

The 29-year-old resident of Gowanda, New York was allowed to board a 208-foot-high roller coaster on July 8 despite having no legs. The man was positioned in the front car of the roller coaster when it plummeted down the final hill of ride and flung him out.

According to the family’s attorney, the employees at the theme park violated the safety rules when they allowed the double amputee to ride the roller coaster.

The Buffalo News is reporting two weeks after the accident, the state Labor Department investigators named “operator error” as a cause of the man’s death. The amusement park was cited with two violations by Labor Department officials who said ride operators were not properly trained on safety requirements for the coaster.

The general manager of the theme park supposedly said the park is working on strengthening training operations, performing more safety audits and increasing park awareness on “disability ridership.”
No civil or criminal penalties were placed against the park and the roller coaster was able to reopen on July 22.

Each year, roughly 300 million people enter the gates of different theme parks throughout the United States. The state of Florida is home to many amusement and water parks that have become yearly destinations for families, schools and social organizations. While these parks offer thrills and excitement, accidents are inevitable; however, some tragic mishaps can be entirely preventable. Theme parks are required by law to maintain routine safety inspections and employees that are properly trained to operate rides and roller coasters. Guest safety should without a doubt be a parks number one priority, but unfortunately this is not always the case.

The Orlando and Tampa Florida Amusement & Theme Park Accident Attorneys at Whittel & Melton are devoted to helping you and your family recover from losing a loved one in a horrible accident that could have been avoided if proper protocol was followed. The Consumer Product Safety Commission has reported that in the last five years emergency room visits related to amusement park rides rose almost 87 percent. The investigation into these injuries found that several factors were to blame for injuries sustained including consumer behavior, mechanical failure, design limitations, defective products and operator behavior. While injuries from amusement park rides can cause minor to severe injuries and even wrongful death, there is no question that those injured and their families suffer pain and loss.

August 25, 2011

Orlando, FL Amusement Park Injury & Wrongful Death Attorneys Whittel & Melton :: Universal Modifies Harry Potter-Themed Roller Coasters After Two People Suffer Injuries

by Whittel & Melton, LLC

Universal Orlando has supposedly stopped simultaneously launching a pair of intertwined roller coasters that make up the ride “Dragon Challenge,” formerly known as “Dueling Dragons,” at Universal’s Islands of Adventure. The theme park took action following two recent accidents within two weeks of one another where guests were struck by loose objects.

The two coasters, at least for the time being, no longer pass within feet of each other as they continue on their path, which was a trademark of the attraction.

The suspension erupted after two separate accidents occurred where guests were struck by unidentified objects while riding the coasters. One person reportedly lost his right eye.

The Orlando Sentinel is reporting that the first accident happened July 31 when a 52-year-old man was struck in his right eye by an object while riding in one of the coaster train’s front seat. The man apparently lost all vision in his eye and was forced to have it permanently removed.

The second incident involved a 19-year-old who was hit by something on his face, arm and foot while riding Dragon Challenge.

A spokesman for Universal said the investigation is ongoing, but does not think that the ride itself played a part in the accidents.

Dragon Challenge has been in operation since Islands of Adventure opened in 1999. It became incorporated into Universal’s Wizarding World of Harry Potter in June 2010.

Universal said that the ride has a high safety track record, with more than 50 million people enjoying the ride without incident since its debut.

The spokesman went on to say that Universal is taking the matter very seriously and places a strong emphasis on safety.

Each year, roughly 300 million people enter the gates of various theme parks throughout the United States. Florida is no stranger to numerous visitors throughout the year, with it being the home to many popular amusement and water parks. While these parks offer thrills and excitement, unfortunate accidents can happen. While certain calamities are inevitable, some tragic mishaps can be avoided entirely.

The Consumer Product Safety Commission has reported that in the last five years emergency room visits related to amusement park rides rose almost 87 percent. The investigation into these injuries found that several factors were to blame for injuries sustained including consumer behavior, mechanical failure, design limitations, defective products and operator behavior. Despite the causes of a theme park injury, whether minor or severe, it is critical to speak with a Florida Amusement Park Injury Attorney as soon as possible because your legal claim should be filed in a timely manner.

The Florida Personal Injury & Wrongful Death Attorneys at Whittel & Melton work with private safety experts and investigators to uncover the precise cause of your fair, carnival, water or theme park accident. We can help you and your family recover damages for medical expenses, mental anguish, lost wages and pain and suffering. Accidents that arise from amusement park rides and water parks can involve liability issues stemming from three different areas of personal injury law – general tort law, products liability, and premises liability. At Whittel & Melton, LLC, we are more than familiar with the analytical procedures, techniques and concepts of law necessary in order to productively prosecute an amusement or water park injury claim.

July 26, 2011

The Villages, FL Golf Cart Accident Attorney :: Whittel & Melton :: Man Killed in Golf Cart Collision with Jeep

by Whittel & Melton, LLC

Within the last five years, nearly 10 residents at The Villages in Sumter County, FL have been killed in golf cart-related accidents. Injuries caused by golf cart and other recreational vehicle accidents can include amputations, fractures, traumatic brain injury, spinal cord paralysis and death.

A resident of The Villages died last month from injuries sustained in a golf cart accident after it collided head-on with a Jeep Wrangler.

According to reports, the man’s wife was driving the cart around 9 p.m. on June 16 when the golf cart entered a traffic circle going the wrong way and smashed into the Jeep. The man and the woman were ejected from the cart and sent to area hospitals for their injuries.

The man reportedly died around noon on June 19. His wife was listed as in stable condition at the Orlando Regional Medical Center.

Many Florida tourists and residents take advantage of summer weather by sporting the streets in recreational vehicles, like golf carts. Golf cart fatalities and injuries are becoming more and more common in residential neighborhoods and retirement communities throughout the state of Florida. In 2009, more than 1,600 golf cart accidents in Florida were reported. Many golf cart fatalities occur from disobeying traffic laws or operating the cart in a reckless manner. The Florida Golf Cart Accident Attorneys at Whittel & Melton handle a wide range of golf cart accidents including, automobile collisions, intersection smash-ups, drunk driving catastrophes, rollovers and country club or golfing accidents.

With more than 55 retirement communities located in Florida, roadways and congested areas are being traveled by retirees on golf carts to get from the golf course, neighbors homes, community events and for any other routine driving purposes. Golf carts used as primary modes of transportation share the streets and roadways with larger and faster-paced vehicles, which can put drivers and passengers at a greater risk for accidents.

It is important to remember that in the hours and even days following your accident, do not give a recorded statement to the insurance company. Despite their friendly demeanor, insurance adjusters will do anything to avoid paying the costs associated with your accident. Prior to making any statements, call Whittel & Melton for a confidential consultation toll free at 1-866-608-5LAW (5529).

July 21, 2011

Citrus County, FL Personal Injury Attorneys Whittel & Melton :: Woman Killed in Crystal River ATV Crash

by Whittel & Melton, LLC

A 20-year-old Inverness, FL woman was killed in an all-terrain-vehicle accident Friday afternoon in Crystal River after the driver allegedly lost control of the vehicle, causing it to flip.

According to the Florida Highway Patrol, the woman’s 22-year-old boyfriend was driving the 2010 Polaris ATV around 4 p.m. in a field when the vehicle rotated, overturned onto its right side and then came to a halt against a fence.

The man and the woman were both ejected from the vehicle. The man suffered minor injuries.

An investigation into the crash is still underway.

According to the Consumer Product Safety Commission’s 2009 Annual Report of ATV-Related Deaths and Injuries, between the years of 1982 and 2009 there have been a total of 10,281 ATV-related deaths in the United States. The number of fatality reports increased 648 since the last annual report prepared by the CPSC in 2008. In the state of Florida, there were 361 ATV-related deaths from 1982-2006 and 86 reported deaths from 2007-2009; totaling 447 reported fatalities or 29 percent of all U.S. ATV-related deaths from 1982-2006.

ATVs are powerful vehicles with the potential for disaster and should never be treated as toys. These vehicles can travel at excess speeds of 60 miles per hour and can weigh more than 700 pounds. ATVs can easily tip or roll over and because the vehicle is usually operated in off-road conditions proper training is essential.

Any person found responsible for an ATV accident can be held liable for injuries and damages suffered by the victim of the collision. In the event of a wrongful death, the victim’s family may be entitled to compensation for pain and suffering, medical bills, loss of companionship, mental distress, lost wages and loss of earning potential. To receive fair compensation a rigid investigation needs to take place immediately so all evidence can be preserved, medical information can be obtained and any involved insurance parties can be notified to begin their examination.

July 13, 2011

The Villages, FL Golf Cart Injury Attorneys Whittel & Melton Warn all Golf-Cart Owners —Study Finds Golf-Cart Head Injuries are On the Rise

by Whittel & Melton, LLC

A new study by doctors at the Georgia Health Sciences University has shown that golf cart injuries are a leading cause of serious head trauma across the country. The study was published in June and identified a total of 68 patients treated for golf cart-related injuries from 2000 to 2009 at GHSU, a level 1 trauma center.

While the study only focused on trauma center patients, more than two-thirds suffered severe head injuries associated with loss of consciousness, hemorrhage or skull fracture. Nearly 60 percent of the trauma patients treated were children around the age of 9. In 59 percent of the injuries treated among victims over the age of 16, alcohol was found to be a factor. Around 38 percent of the victims suffered injuries from being ejected from the golf cart, with roll-over accidents causing around the same number of tragedies. The last 16 injuries were sustained in collisions with motorcycles and stationary objects.

The study noted that with the use of golf carts and buggies of low speeds in many retirement communities, like The Villages, most drivers are passengers are failing to wear helmets and protective gear that could keep them safe from injuries. Golf carts are usually not equipped with doors and lack certain safety features like seat belts, mirrors and lights. The fact is that golf carts are one of the less stable modes of transportation and unexpected rollovers and ejections are very likely to happen. Being ejected from a golf cart going 20 miles per hour can leave victims with grave injuries as a result of a hard fall.

A previous study performed in 2008 by the Center for Injury Sciences at the University of Alabama peered into the estimated 48,255 golf cart-related injuries that happened across the U.S. from 2002-2005 and identified the most common injuries that have caused a 130 percent jump in golf cart-related injuries from 1990-2006. The results showed that golf cart injury victims are highest amongst the 10- to- 19-year-olds as well as people over the age of 80.

The most common diagnosis for lower extremity and hip injuries were found to be cuts and bruises. Fractures were most common in shoulder and upper extremity injuries and intracranial injuries associated with the head and neck were most commonly defined with concussions and hemorrhaging.

The researchers at GHSU said the main issues associated with the injuries described in these studies seem to be the vehicle design safety, driver competence and injury prevention. For residential communities like The Villages, these are huge issues when traveling to community destinations off the golf course like grocery stores, restaurants, the bank or even swimming pools and tennis courts. A combination of added features can make your slow-speed buggy more user friendly, such as front wheel brakes, adjusting the steering wheel position for better balance, installing safety belts and wearing safety helmets.

Remember to never allow children to use a golf cart unsupervised.

In the 90s the U.S. saw an average of 5,000 golf cart-related accident injuries in a year, but today with the use of golf carts on roadways outside the golf course, we are seeing and upward movement of 13,000 golf cart accident injuries a year. An estimated 43,000 residents in The Villages own golf carts for the purposes navigating through their community. Residents use their golf carts as an alternative form of travel or some use them as a hobby, like the Streetrod Club that is known for reconstructing their carts to resemble classic cars, vintage speedsters and even military-inspired Hummers.

Golf carts usually max out at a speed of 20 miles per hour, but it is possible to rebuild a golf cart to perform at higher speeds, sometimes climbing up to 40 miles per hour, which makes getting around easier, faster and less safe. Golf carts were not originally intended for this sort of use, so in addition to installing proper safety features it is vital to obey Florida’s traffic laws. The Villages offers brochures that can educate you on how to remain safe when traveling on your golf cart and they even offer a Golf Cart Safety Clinic.

Within the last five years, it has been estimated that nearly 10 residents of The Villages have been killed due to golf cart-related accidents. The dangers associated with golf carts are very real, so it is important to always err on the side of caution by driving safely and using keen judgment.

July 5, 2011

Daytona Beach, Florida Drowning Fatality Attorneys :: A Two-Year-Old Boy Drowns in Hotel Swimming Pool

by Whittel & Melton, LLC

Daytona Beach Shores police confirmed a two-year-old boy drowned at a hotel pool yesterday shortly after noon. The boy was apparently surrounded by many people in the pool, but went undetected underwater for nine minutes.

The boy was whisked out of the pool and transported to Halifax Health Medical Center in Daytona Beach, Florida where he was declared dead.

According to police, the case remains under investigation.

The Daytona Beach News-Journal reports six other drowning cases involving children under four have occurred this year in family swimming pools in Volusia County.

The U.S. Consumer Products Safety Commission just released its 2011 summer snapshot of drowning and near-drowning deaths across America, which reports that since Memorial Day there have been 48 drowning fatalities and 75 near-drowning accidents in 35 states across the country. Of those states, Florida ranks second with 13 total incidents. The Centers for Disease Control and Prevention has reported that drowning is the second leading cause of death amongst children under the age of 14.

A swimming fatality at a hotel, community, school or public pool needs to be investigated by qualified lawyers and investigators immediately. Similarly, a drowning at a neighbor’s home are frequently litigated as many communities hold homeowners responsible for safety precautions such as child access gates to prevent such events. If you feel you have an event worth investigating, call our firm immediately toll-free 866-608-5529.

When careless actions by the owners of a pool facility are carried out, tragic drowning accidents can occur to people of all ages. If you feel a negligent situation lead to the death of your loved one, contact Whittel & Melton for a free consultation to discuss the circumstances surrounding your case. We will work to establish whether the details you provide pinpoint a negligent party and then work towards gathering evidence to prove who is responsible for your family’s suffering.