Florida Personal Injury Lawyers Blog

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.

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.