Car Accidents

March 19, 2015

New Tween Seat-Belt Usage Campaign

by Whittel & Melton, LLC

The National Highway Traffic Safety Administration issued a press release last week about the U.S. Department of Transportation’s first-ever National Tween Seat Belt Safety Advertising campaign. The campaign urges parents to “Never Give Up Until They Buckle Up.”

The NHTSA is utilizing this campaign to show the importance of targeting this age group and their parents about seat belt safety. It is absolutely vital for tweens to use their seatbelts any time they are riding in cars because these are formative years that immediately precede driving privileges for teenagers.

Unrestrained Tween Facts: Did You Know?

Within the past five years, 1,552 children between the ages of 8 and 14 died in car, SUV or Van collisions.
Around half of those children killed were not wearing seatbelts at the time of the crash.
The percentage of child passengers who die while riding unbelted tends to increase with age. This more pronounced among 13 and 14-year-olds, regardless of seating position.

The campaign targets the parents of children between the ages of 8 and 14 years old. Why? This is a very important time to instill the habit in children of always buckling up, for every trip. Tweens are just a few short years away from being in the driver’s seat, which makes this campaign all the more important.

Parents are encouraged to lead by example. No matter how short the trip, any time you get behind the wheel you should fasten your seatbelt before heading anywhere.

Tweens are constantly learning how to be responsible and make good decisions. It is up to the adult or adults in the car to make sure they are always buckled up. Again, it doesn’t matter if you are driving 2 miles or 2,000, tweens, children and adults need to be buckled up for every ride.

March 6, 2015

Top Causes of Auto Accidents in Florida

by Whittel & Melton, LLC

As deadly collisions continue to occur throughout the state of Florida, it is quite fitting that citizens of Florida should want answers. While there is not just one answer for the reason why deadly crashes occur, there is some insightful information available on motor vehicle accident causes across the state.

Top Causes for Crashes

Distracted Driving
Speeding
Road Rage
Impaired Driving
Fatigue

Distracted Driving

Distracted driving is one of the top causes of auto accidents in the state of Florida. From texting, talking on the phone, applying makeup, eating or engaging in any other manual, visual and cognitive non-driving tasks while behind the wheel, distracted driving puts Floridians in danger.

Speeding

Speeding is another top cause of motor vehicle collisions in Florida. Going too fast on the roadways can lead to serious injury as well as death. An increase in speed can lead to an increased risk of causing a serious traffic accident.

Road Rage

Aggressive driving maneuvers like tailgating and cutting off cars is another reason why so many auto accidents occur in Florida. Aggressive driving is a form of road rage, and can also include risky behaviors like improper signaling and swerving in and out of lanes.

Impaired Driving

Driving under the influence of alcohol or drugs also leads to lethal accidents on Florida roadways. While the FHP and local law enforcement agencies have been ramping up their efforts to crackdown on drunk drivers, impaired driving collisions are still happening in Florida.

Fatigue

Fatigue is also a major cause for concern when it comes to car crashes. When a driver is drowsy or sleepy, he or she is not likely to make good decisions behind the wheel. It is vital to be alert when driving any distance. Drowsy driving can easily lead to a serious collision in just the blink of an eye.

February 6, 2015

GM: $93 Million Paid in Settlement Offers So Far

by Whittel & Melton, LLC

GM’s ignition-switch recall compensation fund is no longer accepting claims because the January 31 deadline has passed. However, this does not mean that consumers have no legal recourse if they were injured in a recalled vehicle.

Headlines were rampant in 2014 regarding the series of recalls issued by GM after an ignition-switch defect in about 2.6 million vehicles was linked to dozens of injuries and deaths. Federal investigations began and GM set up a victim compensation fund in order to settle death and injury claims.

In a regulatory filing released Wednesday, GM disclosed details regarding those claims. Here is what we know:

GM’s victim compensation fund started accepting claims August 1, 2014. During the six-month claims period that ended January 31:

A grand total of 4,180 claims were filed, including more than 1,100 in the final week
As of now, 482 claims have been rejected
455 claims involved a death. Officially, 51 deaths have now been linked to the GM ignition-switch defect.

GM has made 93 settlement offers to date, and none have yet been rejected, according to reports. It could take another six months to review all of the remaining claims.

While GM is standing by its January 31 cutoff date for compensation fund claims, anyone injured in a recalled GM vehicle may still be able to pursue a claim. All of these recalls have different scenarios, and a Florida Injury Lawyer at Whittel & Melton can review your claim and guide you on how to proceed.

January 28, 2015

Prevent Drunk Driving Accidents Following the Super Bowl

by Whittel & Melton, LLC

The Super Bowl is a major event each year that can lead to drunk driving accidents that result in severe injury or death. Super Bowl parties start mid-afternoon and run into Sunday night, which means there are a large amount of intoxicated drivers on the roads afterwards. According to reports, approximately 40 percent of deadly car accidents on Super Bowl Sunday involve drunk driving. Last year, alcohol was a factor in a fatal car accident every 52 minutes.

Drunk Driving Legal Liability

Bars and restaurants usually have what is called Dram Shop insurance, meaning they are trained on how to responsibly serve and stop serving drinks. But, if you are hosting a viewing party at your house, you could be held liable if someone you serve ends up in a drunk driving collision. Dram shop laws were set in place to hold bars and restaurants liable for not practicing responsible alcohol service, but these laws have since been applied to party hosts.

If you are serving liquor at your Super Bowl party, the best thing to do is to stop serving at the end of the third quarter. Provide taxicab numbers for your guests so that they can get home safely. Understand that liability is determined based on if the one serving knew or should have known the person’s level of intoxication would likely lead to a crash.

Drunk Driving Accident Attorney in Florida

January 23, 2015

Motorcyclist Killed in Crash on U.S. 441

by Whittel & Melton, LLC

A motorcyclist who collided with an SUV on U.S. 441 and was ejected into a ditch by the impact of the crash passed away at a local hospital Wednesday.

The 65-year-old Ocala biker was transported to Ocala Regional Medical Center by ambulance following the crash. He was riding a 2011 Harley Davidson and was wearing a helmet, according to Ocala police.

The afternoon crash blocked traffic heading northbound on the busy thoroughfare at Northwest 20th Street for a little more than an hour as traffic homicide investigators from the Ocala Police Department conducted their investigation.

December 19, 2014

NHTSA Holiday Campaign: Drive Sober or Get Pulled Over Begins

by Whittel & Melton, LLC

The national “Drive Sober or Get Pulled Over” campaign began this week and will run through New Year’s Day 2015. This federal effort will be coordinated with state and local law enforcement officers in order to eliminate drunk driving auto accidents this holiday season.

These National Highway Traffic Safety Administration has said that these campaigns are working to reduce the number of drunk driving accident deaths on roadways throughout the country. In fact, the number of drunk driving deaths fell 2.5 percent in 2013. Even though there have been a decrease in deaths caused by people driving under the influence, there is still a big problem with DUIs in the U.S. In fact, last year a person died every 52 minutes from a drunk driving crash.

Drunk Driving Safety Tips

Before you go to the bar or party, plan a safe way home.
Choose a designated driver for the night who will commit to staying sober during the evening.
If you are drunk, or even buzzed, use the SaferRide app, or otherwise get a ride home from a taxi, bus, sober friend or car service.
If you spot a drunk driver out on the roadway, call the police. You may save a life.
If you see someone attempting to drive away drunk, do your best to stop them. Take away their keys and make sure they get a safe ride home.
Don’t get into a car with someone who may be intoxicated.

2014: SaferRide App

The NHTSA has developed a free app, SaferRide, that is available online and allows you to call for a cab or a friend for a ride home that gives them your location automatically. You can get the app here.

December 15, 2014

42 Death Claims Approved in GM Ignition-Switch Defect

by Whittel & Melton, LLC

GM has agreed to compensate 42 claimants for deaths related to its ignition-switch defect.

These recent claims are a part of more than 2,000 death and injury claims that have been filed against the car manufacturer so far.

Those that were injured by the faulty ignition switch, as well as family members of those killed, have until January 31 to submit their claims, which will be categorized based on the severity of the injuries, according to reports.

GM has anticipated that the total compensation related to the ignition-switch defect to reach $400 million to $600 million.

GM established a victim compensation fund because they needed to handle the thousands of potential claims that arose from its faulty ignition switch. This fund allows victims and their families to submit their claims and settle with the company out of court instead of suing GM individually or joining a class action suit.

The compensation fund only covers claims involving physical injury or death from the GM defect. They have detailed the acceptable claims as follows:

Deceased
Category One: quadriplegia, paraplegia, double amputation, permanent brain damage or pervasive burns
Category Two: injuries that required a hospital visit within 48 hours of an accident

According to reports from the GM compensation fund, a total of 2,326 claims have been filed since GM started accepting claims in August. As of December 12, only 100 have been deemed eligible.

GM has recalled 2.2 million vehicles in the United States because of the ignition-switch defect, including Saturn Ion, Saturn Sky, Chevy HHR, Pontiac Solstice, Chevy Cobalt and Pontiac G5 models. This defect has cost at least 42 people their lives. The GM compensation fund is still reviewing 34 death claims for eligibility, according to reports.

December 11, 2014

Leesburg City Commissioner Jay Hurley Loses License Over Motorcycle Crash

by Whittel & Melton, LLC

Leesburg City Commissioner Jay Hurley failed to convince a Lake County judge Wednesday morning that he made a wide turn and not an improper lane change that caused a crash that resulted in a biker’s death earlier this year, which lead to his driver’s license being suspended for six months and a $1,000 fine.

The one-hour hearing took place Wednesday morning and included testimony from Hurley, Leesburg police and witnesses as friends and family members of the victim.

The crash happened April 27 in front of Gator Harley-Davidson on U.S. Highway 441 during the last day of Leesburg Bikefest. According to police statements, Hurley was driving his Ford F-150 east on U.S. Highway 441 in the center lane and was preparing to turn into the motorcycle shop, which is on the south side of the highway.

The deceased was riding his 1987 Yamaha behind Hurley, but was in the right lane.

According to police evidence, Hurley made a right turn from the center lane into the dealership and drove into the path of the Yamaha, causing the deceased to crash head first into the truck.

After two weeks in a coma, the deceased passed away at Orlando Regional Medical Center.

After the accident, Hurley received citations for improper window tint and improper lane change resulting in death. The State Attorney’s Office recently cleared Hurley of any criminal charges from the accident.

At the hearing Wednesday morning, Hurley pleaded not guilty and stated that he was in the right lane but, due to the size of his four-door truck, he had to make a wide turn into the center lane in order to turn right into the business.

Leesburg police showed video and pictures of the crash site that displayed the truck at an 80-degree angle at the turn, with the bike pinned underneath. Police argued that it would have been impossible for the truck to have crashed at that angle if it had been turning from the right lane, even if a wide turn was the problem. Police even reconstructed the accident with similar vehicles to prove their case.

The judge found Hurley guilty, despite the fact that Hurley’s defense lawyer pointed out that police found no evidence of the bike braking and asked the judge to ignore the reconstruction video as well as a taped police interview of Hurley.

While no criminal charges will be filed against Hurley, the family of the deceased can still file a civil suit against the man, contending negligence. In these types of cases, financial compensation may be awarded for lost wages and benefits, loss of companionship and any emotional pain and suffering that is caused by the death. In order to recover these damages, it must be shown that specific actions were responsible for the death, and that the death would not have occurred without those actions.

December 2, 2014

Drowsy Driving: A Bigger Problem Than We Thought?

by Whittel & Melton, LLC

Most people have gotten behind the wheel of a car a little tired. While it is not uncommon for drowsy drivers to be on the road, it is important to realize that drowsy driving is quickly becoming more dangerous than distracted or even drunk driving. Also, drowsy driving does not mean falling asleep at the wheel. In fact, most accidents involving drowsy drivers are drivers who were awake, just tired.

The AAA Foundation for Traffic Safety just released a report on drowsy driving accidents from 2009-2013. The report indicates that 21 percent of fatal car accidents occur because of drowsy drivers. That means that nearly 6,400 fatal car accidents a year – 17 fatal car crashes a day – occur because of drowsy drivers. This number is significantly higher than the government’s official estimate, which claims that drowsy drivers are responsible for just 2.5 percent of fatal car crashes in this country.

When you are drowsy, you are:

November 21, 2014

NHTSA Announces National Recall of Defective Takata Driver-Side Air Bags

by Whittel & Melton, LLC

Federal safety officials with the National Highway Traffic Safety Administration released a statement on Tuesday that mandated that auto manufacturers issue a nationwide recall of any vehicle equipped with Takata airbags. More specifically, federal regulators want to expand recalls on all vehicles that have driver side airbags from the Japanese manufacturer for all 50 states and U.S. territories. Before this announcement, recalls were limited to certain states and territories.

The decision to expand recalls happened after researchers determined the problem with Takata airbags may not be limited to states and territories with high humidity, as was originally suspected.

Defective Takata airbags can rupture when deployed and send metal shards flying at vehicle occupants, which is how nearly 8 million U.S. vehicles have been recalled as a result. Since 2008, there have been more than 14 million vehicles across the world recalled for Takata’s airbags.

According to the most recent statistics, five deaths have been linked to the airbags, along with numerous more injuries. If Takata had taken the steps to address the safety issues with their airbags they knew about and had created a safer product, these injuries and deaths could have been prevented.

When auto manufacturers create unsafe or dangerous products, they can be held legally accountable for victims’ damages.

You can use the VIN search tool on the NHTSA website to determine if your vehicle may have been affected by the recall. All vehicle owners that have a defective airbag are urged to take their vehicles in for service immediately.