Articles Posted in Car Accidents

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September 14 kicks off the first day of Child Passenger Safety week and experts are once again reminding parents to make sure their child car seat is installed correctly.

Experts believe some parents are letting their children use a regular safety belt too soon.

According to the National Highway Traffic Safety Administration, seat belts should lie across the upper thighs and be snug across the shoulder and chest to restrain your child safely in a crash. It should not rest on the stomach area or across the neck or face.

Children who have outgrown their car seat by weight or height should use a booster seat until they reach 4 feet 9 inches tall, according to the NHTSA. The use of booster seats can also reduce injuries by 45 percent compared to using an adult safety belt alone.

They recommend keeping all children in the back seat until age 13.

Some other basic rules to follow are listed below:

  • Make sure the car seat is properly installed
  • Make sure the child is securely fastened
  • Make sure the buckle is at armpit level

The Florida Department of Highway Safety and Motor Vehicles requires that every driver on Florida roads use a car seat that is crash-tested and federally approved for any child 5 years old or under. According to the NHTSA, when properly restrained, infants have a 71 percent greater chance of surviving a car crash and toddlers have a 54 percent decrease in the risk of death.

Our Florida Auto Accident Injury Lawyer at Whittel & Melton encourage all Florida drivers to buckle up. We urge parents and caregivers to take extra care in buckling up little ones. Using a proper child safety seat is one of the most important steps you can take for keeping your child safe.

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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.

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One person is dead after an Amtrak train struck a vehicle in Auburndale Monday evening.

A 44-year-old man died in the accident that occurred on Stadium Road near Bennett Street.

According to witnesses, the arms were down and the lights were flashing at the tracks. Cars were apparently stopped on both sides and the driver of the car allegedly went around other traffic and crossed the railroad tracks.

The investigation into this accident is ongoing.

A train wreck is usually a catastrophic event that often results in multiple injuries and a high number of fatalities. According to the U.S. Department of Transportation, the Federal Railroad Administration reports that there are close to 14,000 train wrecks annually. Of these train accidents, around 850 people die every year and another 9,500 people are injured. Unfortunately, train wrecks, railroad crossing accidents, and deaths and injuries as a result of collisions between trains and cars occur quite frequently.

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The National Highway Traffic Safety Administration recently issued a press release regarding the U.S. Department of Transportation’s Fiat Chrysler Enforcement Action.

Fiat Chrysler has acknowledged violations of the Motor Vehicle Safety Act and admitted to failing to handle the required repairs on vehicles with safety defects. They have agreed to federal oversight, buy backs and a civil penalty.

They are facing a $105 million civil penalty- the largest penalty ever imposed by the NHTSA.

Violation of the Motor Vehicle Safety Act

NHTSA officials pointed out various problems with Fiat Chrysler’s execution of 23 vehicle safety recalls, covering more than 11 million defective vehicles. The automaker violated the Safety Act in three ways:

  1. Timely Recall Remedies
  2. Notification to Vehicle Owners as well as Dealerships
  3. Notification to the NHTSA

Fiat Chrysler In the Future

3451915266_997c1357b3_zFiat Chrysler is facing significant civil penalties. The automaker will have to pay an initial $70 million in cash, and spend another $20 million on meeting performance requirements in the Consent Order. Another $15 million could be taken if the independent monitor uncovers any further Safety Act or Consent Order violations. The NHTSA is sending out a powerful message to Fiat Chrysler as well as other automakers: You cannot place profits above consumer safety, and you cannot violate the Motor Vehicle Safety Act.

Are You a Jeep or Chrysler Owner?

Owners of certain Jeep and Chrysler vehicles will have the chance to sell their defective vehicles back to Fiat Chrysler, under the Consent Order. More than half a million automobile owners with vehicles that have defective suspension parts will be eligible to sell these vehicles back. More than a million Jeep owners will also be able to trade their vehicles in for above market value prices or will receive financial incentives to get their car’s fixed. To find out if your vehicle is under recall, check Safercar.gov’s VIN search tool.

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Since 2001, the first full week of August has been dedicated to National Stop on Red Week. This year, National Stop on Red Week is August 2-8. The purpose of this week is to promote safe driving practices, which include always stopping at a red light.

Red light running is a pretty big issue across the United States. In fact, red light running is the leading cause of urban car accidents. It may be surprising, but one out of every three people knows someone who was killed in a red light collision. Red light crashes are responsible for around 900 deaths and 165,000 injuries each year.

A couple of traffic lights installations with the red ones turned on and the green and yellow off captured against a blue sky with several white clouds scattered over.

In 2013, the latest year for which complete information is currently available, the Insurance Institute for Highway Safety reports that:

  • Red light accidents resulted in 697 fatalities. Nearly half of the people killed were pedestrians, bicyclists, and motorists other than the one who ran the red light.
  • Another 127,000 people were injured in red light accidents.
  • Failing to stop for a red light, stop sign, or all other forms of traffic control is the most common type of crash in urban areas.

While running a red light may save you two minutes, stopping at a red light can actually save your life. Please join our Florida Auto Accident Injury Lawyers at Whittel & Melton and do your part to stop Florida red light accidents. Here are a few tips to always remember when behind the wheel:

  • Always stop when the light is red, no matter what.
  • If you plan to turn right at an intersection where right turns are permitted at red lights, always stop and check for cars and pedestrians before making the turn.
  • If the light turns yellow while you are approaching an intersection, slow down and stop. Do not try and speed through the intersection in order to beat the red light.

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A federal court has agreed to hear an appeal on whether drivers in Palm Beach County and across Florida should be granted class-action status in their claim that HCA hospitals, including JFK Medical Center in Atlantis, are severely overcharging for services under the state’s car insurance system.

The U.S. Court of Appeals for the 11th Circuit in Atlanta agreed this week to consider an appeal of a lower-court decision in Florida that drivers could pursue lawsuits individually, but not as a group. The plaintiffs allege that the hospitals are draining Personal Injury Protection benefits by charging up to 65 times what Medicare pays.

4838079960_bea63b1287_zAn HCA statement issues said the case lacks merit and the company intends to defend it vigorously.

Recently, the Florida state legislature has taken steps to reduce the amount of fraud in the insurance system, reduce payment delays and limit use of the court system. The following changes were implemented:

  • In the past, injury victims had an unlimited time frame to make an injury claim, but now injury victims only have 14 days to seek medical treatment that may be covered by PIP.
  • Under the new law, people with minor injuries might be limited on the amount of financial recovery that they will receive from PIP coverage.
  • PIP compensation is limited to 80 percent of your medical costs.

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Four people are now dead after a crash Sunday night in Frostproof.

Around 10:15 p.m., a 29-year-old Avon Park man is believed to have lost control of his Dodge sedan on southbound U.S. 27 between County Road 630-A and U.S. 98, according to the Polk County Sheriff’s Office.

The Dodge exited the roadway, struck a concrete culvert and came to rest in a drainage ditch.

First responders found two passengers dead: a 38-year-old Frostproof man and a 28-year-old Eustis man.

The driver and another passenger, a 33-year-old Frostproof man, were airlifted to Lakeland Regional Health. One man passed away the same day and another died Monday.

252138656_b7f6b0973e_zPolice believe a second car may have been involved. They suspect a 1990s black Honda with a light-colored left-front fender may have been in the area. The car would have been heading south on U.S. 27. Anyone with information about this vehicle is asked to call Deputy Sheriff Johnnie Wombles at 863-297-1109.

Across the United States, on average, a person dies in a car accident every 12 minutes. Car accidents are the leading cause of death for all people under 35.

Most auto accident fatalities are entirely preventable, resulting from driver negligence. When one driver’s negligent actions behind the wheel causes the death of another person, survivors of the victim are entitled to make a claim for financial compensation for the wrongful death of their loved one.

While no amount of money can compensate for the loss of a human life, making a wrongful death claim for an auto accident fatality is not really about the money, it’s about accountability and making careless drivers face up to the tragedy they have caused a family. Nothing can bring the person back, but holding the wrongdoer accountable can be of some comfort and possibly prevent future similar accidents.

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An 8-year-old boy was seriously harmed after being struck by car while riding his bicycle, according to Tampa police.

The crash occurred at about 2:15 p.m. at the intersection of Linebaugh and Taliaferro avenues.

16172457266_76f713ecc4_zPolice believe the boy was riding his bicycle north on Taliaferro Avenue when he rode into the vehicle’s path. Witnesses claim the driver was not speeding at the time.

Police allege the boy was not wearing a helmet at the time, and that some of his injuries appear to be from hitting his head on the pavement.

The boy is currently being treated at Tampa General Hospital.

Bicycle accidents typically involve a drunk or distracted driver. Sometimes these accidents are the mistake of an inexperienced motorist. The sad reality is that bicycle collisions with cars account for a large amount of catastrophic injuries and wrongful deaths on Florida roadways. Driver negligence often plays a part in these crashes, usually consists of running a stop sign, driving under the influence of drugs or alcohol, failing to yield to the biker or being inattentive while backing out of a driveway.

A bicycle accident can cause severe emotional trauma in addition to physical injury. A human body on a bicycle is hardly a match for a powerful automobile or impact with hard pavement. Even the most experienced bikers can be injured in one of these accidents.

If you have been injured in a bicycle accident in Florida, you could be entitled to financial recovery for:

  • Medical bills
  • Lost Wages
  • Loss of Earning Capacity
  • Pain and Suffering
  • Emotional Distress
  • Disfigurement

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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.
  • 4428561177_831c2f9269_zDrowsy 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.

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General Motors is adding more than 243,000 compact hatchbacks in the U.S. and Canada to the growing number of already recalled vehicles for airbags that can explode with too much force.

The company said Friday that the expanded recall for passenger air bags covers the Pontiac Vibe from 2003 through 2007. The cars were designed by Toyota and made at jointly owned factory in California.

The Vibe recall comes after Takata Corp. of Japan agreed to double the size of its air bag inflator recall to 33.8 million in May, thus marking it the largest automotive recall in U.S. history.

The propellant in some Takata inflators can burn too quickly, blowing apart a metal canister and sending shrapnel into the passenger compartment. The problem has been blamed for at least seven deaths and more than 100 injuries.

Just last month, Takata declared many of its products defective due to pressure from the National Highway Traffic Safety Administration. The company agreed to double the number of air bag inflators being recalled.

The giant recall covers driver and passenger airbags in cars and trucks made by 11 automakers. Takata, the automakers and the NHTSA are still trying to pinpoint what exactly causes the inflators to malfunction.

Owners can find out if their car is part of the giant recall by going to https://vinrcl.safercar.gov/vin/ and typing in their vehicle identification number. The number is located on many state registration cards and is stamped on the dashboard near the bottom of the driver’s side windshield.

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