Alachua County

April 21, 2022

News: Collision on US-301 near Hawthorne leaves 1 dead

by Whittel & Melton, LLC

HAWTHORNE, FL – A woman was killed in a head-on collision in Alachua County on Saturday morning.

According to Ocala News, the 27-year-old man driving a 2009 Chevrolet SUV was heading south on US-301 when he lost control for unknown reasons. The SUV crossed the median and entered the oncoming lanes, where it slammed into a 1996 Ford pickup truck.

A 24-year-old passenger of the SUV was taken to UF Health Shands Hospital, where she succumbed to her injuries a few hours later. The driver was taken to the same hospital with serious, potentially life-threatening injuries.

April 20, 2022

News: 69-year-old Gainesville man killed in rollover crash on FL-121

by Whittel & Melton, LLC

GAINESVILLE, FL – A man from Gainesville was killed early Sunday morning following a single-vehicle crash in Alachua County.

According to Ocala News, the incident took place at about 4 a.m. along FL-121 near the intersection with Southwest 78th Lane.

Troopers say the victim’s SUV drifted off the side of the roadway for unknown reasons and overturned. The driver, a 69-year-old Gainesville man, was pronounced dead at the scene.

August 26, 2019

State Claims Alachua and Marion Counties in 100 Percent Compliance With Florida’s Generator Requirement As Hurricane Season Begins

by Whittel & Melton, LLC

In 2017, 12 residents at a nursing home in Broward County died in the aftermath of Hurricane Irma.

In March 2018, then-Gov. Rick Scott signed a bill requiring all nursing homes and assisted living facilities to have alternative sources of power in the event of a natural disaster. The original deadline for compliance was Jan. 1, but some facilities are still requesting extra time. June 1 was the official start of hurricane season and the new deadline for facilities to implement their plans.

Most counties in north central Florida are compliant, including Levy, Gilchrist, Columbia, Union, Bradford and Putnam.

According to the state Agency for Health Care Administration (ACHA), Alachua and Marion counties are both in 100 percent compliance.

According to the ACHA, a facility is compliant if its plan is fully implemented, or it has requested or been granted a deadline extension based on valid delays. All such requests are considered on a case-by-case basis.

Availability of proper equipment, installation scheduling and mechanical engineering plans reviews and approvals are some key reasons why facilities may require an extension.

According to ACHA’s website, nursing homes and assisted living facilities may qualify for supply costs reimbursement and funding assistance through Medicare and the U.S. Department of Housing and Urban Development (HUD).

The new environmental control rule mandates that the plan a facility sends to a local emergency management department should include a timeline by which it would be fully implemented.

The new state law sets no limits regarding extension requests or their duration.

While Alachua and Marion counties are all in compliance. Other counties, however, have more work to do in order to become compliant.

Clay County is at 96 percent, but there is no timeline for reaching 100 percent. On April 10, according to state records, Governors Creek Health and Rehabilitation in Clay County filed a petition requesting more time beyond June 1. Heartland Healthcare Center – Orange Park is also seeking the same extension.

Duval County is also at 96 percent. Seven centers had petitioned for more time, including Heartland Health Care Center of South Jacksonville, San Jose Health and Rehabilitation Center, First Coast Health and Rehabilitation Center, ISLF Deerwood Place, Fouraker Hills Rehabilitation & Nursing Center, Terrace of Jacksonville and Riverwood Center.

Facilities granted extensions must send monthly and quarterly progress reports to ACHA.

The facilities with approved extensions are still required to have an adequate plan to protect patients during a power outage. This includes a temporary generator on-site, a plan to obtain a generator within 24 hours of a power outage or a full evacuation plan.

In Levy County, some facilities have taken a different approach. Instead of purchasing generators, they borrow them.

The Electrical Generating Systems Association and Disaster Contractors Network offer website directories that allow facilities to search for local contractors providing resources and assistance.

Other regions, including Bradford and Union counties, have fewer nursing homes and assisted living facilities, but more group homes, which follow different regulations.

Group homes must adhere to the guidelines of both ACHA and the Agencies for Persons with Disabilities (APD).

North Central Florida is one of only two regions in the state to achieve full compliance. Escambia, Santa Rosa, Okaloosa and Walton counties in the panhandle are also at 100 percent.

Counties with the lowest percentages are Bay and Highlands. They are both at 92 percent.

The overall compliance rate statewide is 98 percent. Out of 3,753 licensed facilities in Florida, 2,621 have fully implemented their emergency power plans and 1,070 have extensions.

Here is a full list of all nursing homes in Alachua County:

North Florida Rehabilitation and Specialty Care
Oak Hammock at the University of Florida Inc
Palm Garden of Gainesville
Park Meadows Health and Rehabilitation Center
Parklands Care Center
Plaza Health and Rehab
Signature HealthCare of Gainesville
Terrace Health & Rehabilitation Center

Below is a list of all assisted living facilities in Alachua County:

Annie’s House
Brookdale Gainesville Southwest
Harborchase of Gainesville
Hunter’s Crossing Place – Assisted Living
Hunter’s Crossing Place – Memory Care
The Mayflower Assisted Living
Misty Meadows
North Florida Retirement Village
Oak Hammock at the University of Florida
Plantation Oaks Senior Living Residence
Southwest Retirement Home
The Windsor of Gainesville Assisted Living & Memory Care

Marion County nursing homes:

Avante at Ocala, Inc
Bridgewater Park Health & Rehabilitation Center
Hawthorne Health & Rehab of Ocala
Life Care Center of Ocala
Oakhurst Center
Ocala Health & Rehabilitation Center
Ocala Oaks Rehabilitation Center
Palm Garden of Ocala
The Lodge Health and Rehabilitation Center
Timberridge Nursing & Rehabilitation Center

Marion County assisted living facilities:

A Cottage Called Home LLC
Brentwood at Fore Ranch
Bridge at Life Care Center of Ocala
Bridgewater Park Assisted Living
Brookdale Canopy Oaks
Brookdale Chambrel Pinecastle
Brookdale Paddock Hills
Camelot Château
Canterfield of Ocala LLC
Change of Pace Ret Center
God Answers Prayers – Emmanuel, Inc
Hampton ALF at 24th Road LLC
Hampton ALF at Belleview LLC
Hampton ALF at Deerwood LLC
Haven House of Ocala
Hawthorne Inn of Ocala
Hidden Pines ALF
Higher Ground Assisted Living Facility
Marion Oaks Assisted Living
Mcintosh Assisted Living Inc
Pacifica Senior Living Ocala
Paddock Ridge
Prestige Manor
Prestige Manor III
Solita’s Comfort
Specialty Care Services Inc
Summerfield Suites
Superior Residences at Cala Hills
Syerra’s Angels
The Harbor House of Ocala
The Harmony House of Ocala
Windsor at Ocala
Wings of Love Assisted Living Facility LLC

While Alachua and Marion Counties are in the clear with the generator requirements, other Florida nursing homes and assisted living facilities are coming up short. If a Florida nursing home fails to comply with the generator laws, their actions could be deemed as negligence. This means that their actions, or lack thereof, may automatically open them up to legal liability if a resident becomes a victim.

September 5, 2016

Alachua County Tropical Storm & Hurricane Damage Insurance Claims

by Whittel & Melton, LLC

Florida residents know the risks of property damage from hurricanes and tropical storms. Hurricanes and storms can leave behind devastating damages, and the reality is that filing insurance claims to cover repairs and destruction can be a long battle. Fortunately, our Alachua County Hurricane & Storm Damage Claims Attorneys at Whittel & Melton are experienced at handling these types of claims and know how to deal with denied or underpaid claims.

Insurance companies make money by denying, delaying or underpaying claims. Going head to head with your insurance company can be stressful and unnecessary, which is where we come in. With us on your side, we can level the playing field and work to secure the coverage due under the terms of your policy. We believe that you should be properly compensated for your losses.

Even though your insurance company was happy to talk to you when you purchased your insurance policy, that might not be the case when it comes to paying on that policy in the wake of a severe storm or hurricane. The insurance companies are out to secure their bottom line, and they have no genuine interest in treating you fairly. If you have tried reasoning with your insurance company to no avail, please let us help you. They could change their tune once they know you have legal representation.

July 5, 2016

Tesla Driver Killed in Crash While Using Autopilot

by Whittel & Melton, LLC

The U.S. announced Thursday the first fatality in a wreck involving a car in self-driving mode. The government said it is investigating the design and performance of the system aboard the Tesla Model S sedan.

The Canton, Ohio man died in the accident May 7 in Williston, Florida, when his car’s cameras failed to distinguish the white side of a turning tractor-trailer from a brightly lit sky and didn’t automatically activate its brakes, according to government records.

The 62-year-old driver of the truck, said the Tesla driver was “playing Harry Potter on the TV screen” at the time of the crash and driving so quickly that “he went so fast through my trailer I didn’t see him.”

“It was still playing when he died and snapped a telephone pole a quarter mile down the road,” the man told The Associated Press. He acknowledged he couldn’t see the movie, only heard it.

Tesla Motors Inc. said it is not possible to watch videos on the Model S touch screen. There was no reference to the movie in initial police reports.

Tesla stressed the uncertainty about its new system, noting that drivers must manually enable it: “Autopilot is getting better all the time, but it is not perfect and still requires the driver to remain alert.”

The company said this was the first known death in over 130 million miles of Autopilot operation. It said the NHTSA investigation is a preliminary inquiry to determine whether the system worked as expected.

Tesla says that before Autopilot can be used, drivers have to acknowledge that the system is an “assist feature” that requires a driver to keep both hands on the wheel at all times. Drivers are told they need to “maintain control and responsibility for your vehicle” while using the system, and they have to be prepared to take over at any time, the statement said.

Autopilot makes frequent checks, making sure the driver’s hands are on the wheel, and it gives visual and audible alerts if hands aren’t detected, and it gradually slows the car until a driver responds, the statement said.

The Autopilot mode allows the Model S sedan and Model X SUV to steer itself within a lane, change lanes and speed up or slow down based on surrounding traffic or the driver’s set speed. It can automatically apply brakes and slow the vehicle. It can also scan for parking spaces and parallel park on command.

As new technology comes on the market for the public to use, the legal field must adapt to these changes. Many car manufacturers, not just Tesla, are working on automated systems that can warn drivers about collisions, recognize the rules of the road, and even take over the steering and braking systems.The goal is this: to keep drivers and passengers safe by automating the processes that they are not quick enough to catch. However, this theory can be flawed as there are hundreds of millions of cars on the road every day, so automakers will always struggle to keep up with software malfunctions, user errors, and any other issues.

March 10, 2016

Florida Roads Alluring & Deadly for Motorcycle Riders

by Whittel & Melton, LLC

The state of Florida leads the nation in the number of motorcycle fatalities, according to a recent report by the National Highway Traffic Safety Administration.

Florida had 467 riders killed in 2013, the most recent year for such statistics. That’s 10 more than Texas, the state with the second highest number.

A Look At The Numbers

There were 8.4 million motorcycles on U.S. roads in 2013, an increase from 8 million in 2009.
56 out of every 100,000 registered motorcycles was involved in a fatal crash in 2013, compared to 9 out of every 100,000 passenger cars.
From 2004 to 2013, fatalities among the 40-and-older age group increased 39 percent, compared to 16 percent for all ages.

Two weekend crashes adds to these numbers.

A 56-year-old woman from Tampa died Friday afternoon after the motorcycle she was a passenger on collided with a car on State Road 20 near Hawthorne. The man driving the motorcycle was taken to UF Health Shands Hospital in critical condition. According to the Florida Highway Patrol, neither person on the motorcycle was wearing a helmet.

On Sunday, a 44-year-old man from Loxahatchee died in Marion County when his 2006 Harley Davidson hit a dip in Southeast 182nd Avenue and overturned. The man, who was not wearing a helmet, was airlifted to Ocala Regional Medical Center, where he was pronounced dead.

Nearly 50 percent of the bikers who died in an accident in 2013 were not wearing helmets, according to the NHTSA report. Helmets are not required by law in Florida.

Motorcycle accidents can happen so quickly. In a matter of seconds you can go from enjoying your regular motorcycle ride to lying on the road or in a hospital bed. Now you are facing physical pain and disability, significant medical bills, lost wages, and other life-impacting damages.

Like most motorcycle accident victims, you will have lots of questions that you need answered, like how to pursue financial compensation for damages, how to hold responsible parties liable, and how much will legal help cost you.

At Whittel & Melton, our Florida Motorcycle Accident Lawyers are effective negotiators and aggressive trial lawyers who refuse to settle for anything less than what you deserve. We will explore every possible option in order to obtain the best outcome for you. We operate on a contingency fee basis, meaning you don’t pay us unless or until we recover money on your behalf.

September 2, 2015

Florida’s Bicycle Death Rate Highest in Nation

by Whittel & Melton, LLC

A new report on bicyclist deaths by the Centers for Disease Control and Prevention finds that Florida has the highest rate of bicycling deaths of any state in the nation — 0.57 per 100,000 people, more than double the nationwide rate of 0.23 per 100,000.

While other states have found ways to cut bicycle deaths during two periods measured over the last three decades, Florida has only reduced the number less than 10 percent.

Nationwide, safety seems to be improving for bicyclists, with the number of deaths per 100,000 people declining 44 percent from 0.41 to 0.23 during the periods measured — the five years from 1975 to 1979 and the five years from 2008 to 2012, according to the new CDC report titled “Bicyclist Deaths Associated with Motor Vehicle Traffic — United States, 1975–2012.”

The steepest decline measured was among children younger than 15.

According to the report, bicyclists are killed on U.S. roads at a rate double that of vehicle occupants, even though bicycle travel accounts for only about 1 percent of trips across all modes of transportation.

Because of the year-round warm climate in Florida, cycling is a popular mode of transportation and exercise activity during most months of the year. However, Florida roadways also pose serious risks to bicyclists, from distracted automobile drivers to improper bike lanes. If you or someone you love has suffered a serious injury or was killed in a bike accident, it is very important to discuss your case with a Florida Injury Lawyer at Whittel & Melton.

Unfortunately, what could start out as a leisurely bike ride can quickly turn into a fatal accident. At Whittel & Melton, we believe that the responsible party should be held responsible for damages. Filing a personal injury or wrongful death claim for a bike accident can be complex, but we can provide you with the experienced representation you need.

August 26, 2015

Hawthorne Man Killed in Tractor Accident

by Whittel & Melton, LLC

An 82-year-old Hawthorne man was killed last week when he was crushed while his tractor towed another tractor in a pasture in Putnam County.

Just before 1 p.m., the man was using a Masse tractor to tow a Ford tractor from a field at 125 McMeekin Lake Lane for repair. The man and another person were moving the Ford from a pasture and the inoperable machine failed to stop when the man stopped his machine, according to a release by the Florida Highway Patrol.

Emergency crews were called to the location about six miles east of Hawthorne, and Putnam County paramedics took the man to UF Health Shands Hospital, where he was pronounced dead.

No charges will be filed at this time, according to reports.

Thousands of people are injured or killed each year due to tractor accidents. Tractor accidents can happen in a variety of ways, but some of the most common causes of tractor accidents include:

Tractor rollovers
Road collisions
Being crushed or run over by a tractor
Injuries caused to a third party by operator error
Unsafe working conditions
Defective parts
Manufacturing or design defects

August 20, 2015

State Not Filing Charges Against Dad in Lake City Hot Car Death

by Whittel & Melton, LLC

Prosecutors have decided not to file any charges in the May 13 death of a 16-month-old girl who was found unresponsive after spending most of the day locked in her father’s car.

The Columbia County Sheriff’s Office reported that the father forgot to take the child to daycare Tuesday morning and left his daughter in the hot car all day.

The girl was found not breathing around 3:15 p.m. on May 13 when he got home and a family member inside asked him where the girl was. He realized then that she was still inside the car and ran to get her. He performed CPR on the girl, but when paramedics arrived, the girl was dead.

The man was not under the influence of alcohol. Police and prosecutors found that the man did not intentionally leave the child in the car.

“We decided that it’s not something we’re going to prosecute because there was no egregious behavior on his part, and to be honest with you, it’s going to be hard to punish him more then he’s being punished right now,” said Assistant State Attorney Sean Brewer of the Eighth Judicial Circuit, based in Gainesville.

According to research conducted by the Department of Earth & Climate Sciences at San Francisco State University, at least fifteen hot car-related child deaths occurred in 2014. The Department documented 44 deaths of children in hot vehicles in 2013 and have logged 621 cases since 1998. The research the Department has collected shows that in half of hot vehicle death cases, children were forgotten by their parent or caregiver. Less than a third of cases were the result of children playing in an unattended car, and less than a fifth of cases were the result of adults intentionally leaving children locked inside sweltering vehicles. Research also shows that criminal charges are only brought against responsible parties in about half of all death cases.

July 2, 2015

Fourth of July Road Dangers

by Whittel & Melton, LLC

Fireworks are definitely dangerous, but they are not the only dangers to avoid this Fourth of July weekend. The roadways are especially hazardous during the summer holidays. When you are traveling to or from an Independence Day party this year, please remember to be on the look out for reckless drivers.

Here are a few dangers to try and avoid this Fourth of July:

Drunk drivers. Think about it, almost every Florida Independence Day celebration will have alcohol. Partygoers who are drinking at parties and such should not get behind the wheel of a car. If you see a car weaving or dodging in and out of traffic, keep your distance. If you have a passenger with you, consider notifying authorities.
Drowsy Drivers. Many holiday drivers are travelling lengthy distances to get to their final destination. Those who have been driving for hours may be feeling fatigued. Drowsy driving is often as dangerous as drunk drivers, so stay alert.
Distracted Drivers. Keep in mind that many travelers on Florida roadways are from out of town and have never been to the area before. Taking your eyes off the road for just a few seconds to look at a navigation device can have devastating results. Avoid being a distracted driver by staying off your cell phone and having other passengers check your GPS or phone for you.
Speeding Drivers. People that are anxious to get where they are going may decide to speed or drive recklessly. Make sure you obey the posted speed limits and monitor your speed if there is heavy traffic.