Car Accidents

July 29, 2014

Mistrial Declared in Trinity Highway Guardrail Case

by Whittel & Melton, LLC

A federal judge in Texas has declared a mistrial in the possible billion-dollar whistleblower lawsuit involving the popular Trinity guardrails that line our nation’s highways.

According to a U.S. district judge, there were “serious concerns” regarding witness testimony associated with the defendant, highway manufacturing giant Trinity Industries.

The whistleblower and former industry business owner, Josh Harman, filed a federal lawsuit on behalf of the American public in Texas where the company’s headquarters are located. According to Harman, the current Trinity guardrails, the ET-Plus model, are dangerous and deadly. He claims the guardrails were never properly tested or properly approved by the government.

However, Trinity has issued statements saying company stands behind its product and has called Harman’s allegations “false and misleading.”

According to a court transcript from Friday, July 18, the judge declared that “this case has been replete with errors, gamesmanship, inappropriate conduct, and matters that should not be a part of any trial where a fair and impartial verdict is expected.”

The judge also discussed the possibility of the president of Trinity Highway Products attempting to intimidate a witness and possibly committing perjury.

Trinity claims that the allegations against its president are untrue and that the company “looks forward to re-presenting the facts in this matter.”

The federal judge also said the plaintiffs is this matter took steps to prevent the witness from being deposed by the defense and “effectively hounded him.”

“I believe the plaintiffs took steps to hide this witness and unfairly spring this witness on the defendants,” the judge said.

The mistrial was declared less than a week into the Marshall, Texas trial, which is about 150 miles east of Dallas.

The guardrails in this case were installed throughout the country in all 50 states. According to Harman, there have been hundreds of accidents that caused serious harm. In this specific type of guardrail, the terminal head is supposed to take the impact and slow down the vehicle. The railing should channel through the head and pigtail out the side and away from the car. But, there have been many accidents where the railing gets jammed up and then pierces the vehicle like a spear. They cut through the cars and any people inside the vehicle as well.

One of the most recent accidents occurred in January 2014 in North Carolina where an Isuzu Trooper hit a guardrail head-on, leaving the driver’s legs severed.

According to Harman, a guardrail should not cut a person in half.

A new trial is anticipated to happen later this year in the fall. The case would be tried in front of a new jury.

As drivers, we rarely think about roadways themselves being risky. Instead we tend to focus on more talked about roadway hazards, such as cell phone use, speeding or driving under the influence of alcohol or drugs. However, as this case shows, there can be more than meets the eye when it comes to dangerous roadways, especially highway guardrails.

It will be interesting to see how this case unfolds, as it could affect victims in Florida who have been seriously injured or even killed in auto accidents due to highway guardrails.

July 28, 2014

Shrapnel Hazard Leads to BMW Recalling Vehicles with Takata Airbags

by Whittel & Melton, LLC

BMW has recalled several of its most popular models due to defective Takata airbags, a problem that is hitting much of the global auto industry.

The German automaker will recall 1.6 million 3-Series cars from model years 2000 to 2006 across the world, including 574,000 in the U.S.

The company said the recall is just a precaution because other automakers using similar systems have had issues.

The problem with the Takata airbags is that airbag inflators in these systems can rupture. When this happens, not only can the airbags not work properly, but they could blast shrapnel into passengers.

Honda, who has had similar issues with these airbags, reported two deaths in 2009 linked to the problem. They have recalled vehicles with Takata bags six times since then.

The airbag issue is responsible for millions of recalled vehicles over the past few years, including those made by Chrysler, Ford, Honda, Mazda, Nissan and Toyota. The recalls have mostly been of vehicles in states with hot and humid weather, which includes Florida.

BMW said no problems have been reported in their vehicles. However, dealers will replace the passenger-side front air bags.

The new recall excludes 42,000 BMWs recalled in May 2013 for the exact same problem. The company says it is recalling all vehicles equipped with potentially defective airbag systems regardless of where they were sold.

The U.S. National Highway Traffic Safety Administration began investigating air bags made by Takata in June. The agency said they received six reports of air bags rupturing in Florida and Puerto Rico, resulting in three people suffering injuries.

The NHTSA estimated 1.1 million vehicles in the U.S. could be affected, but they believe that number is likely to climb.

The government wanted automakers to act swiftly to warn those in warm states while it continues to investigate the issue.

If an airbag defect in your car has resulted in an unfortunate accident, you may be struggling to recover from any injuries and unsure of what you can do to remedy your situation. While the law can be complex, you do have legal recourse against the vehicle’s manufacturer. Manufacturers have a duty to pay attention to the quality of the products they put out and issue recalls in a timely manner should a problem arise. When automakers and manufacturers fail to do this, innocent consumers can be seriously injured or killed.

Thousands of people suffer serious injuries from defective products every year. Most of these injuries could have been avoided if the makers and manufacturers of these products took extra care to ensure the safety of consumers. Every year, thousands of consumers sustain serious injuries from defective products. Many of these injuries could be avoided if the manufacturers or distributors of these products took additional steps to ensure consumer safety.

July 25, 2014

Are Your Airbags Safe? Mitsubishi Recalls Lancer Sedans with Takata Airbags

by Whittel & Melton, LLC

Mitsubishi Motors Corp is recalling cars made with Takata Corp air bags in Florida, Hawaii, Puerto Rico and the U.S. Virgin Islands.

Mitsubishi has joined nine other automakers in conducting a recall in those states.

Mitsubishi has said it will conduct a limited recall of model year 2004 and 2005 Lancer sedans with Takata passenger-side air bags that have inflators that may cause them to open with too much force, according to the U.S. National Highway Traffic Safety Administration.

According to the NHTSA website,”In the event of a crash necessitating deployment of the passenger-side frontal air bag, the inflator could rupture with metal fragments striking and potentially seriously injuring the vehicle occupants.”

Nearly 12 million vehicles with Takata air bags or inflators have been recalled within the past five years.

The Japanese auto parts supplier announced on Friday that they have experienced a “special loss” of about 45 billion yen, which equates to $440 million, because of the problem.

Like most of the automakers participating in the recall, Mitsubishi has limited the recall to a portion of the United States and U.S. territories.

Mitsubishi released the following statement: “Due to NHTSA’s belief that humidity is a contributing factor to the inflator condition at issue, the (recall) will be limited to affected vehicles that are registered in, or were originally sold in Florida, Hawaii, Puerto Rico, and the U.S. Virgin Islands.”

Some of the other automakers have expanded the recall to include other warm-weather states or the entire country.

Mitsubishi says they do not know of any crashes, injuries or deaths related to Lancer sedans with Takata air bags. The company claims it has not found any safety defect on its own and is recalling the cars because it is working “in good faith” with NHTSA.

BMW announced earlier this week that it would recall 1.6 million 3 Series cars with Takata front passenger-side air bags.

According to a Mitsubishi spokesman, the company is “still investigating” how many Lancer sedans will be involved in the recall.

June 24, 2014

June is National Safety Month – Week 4: Putting an End to Distracted Driving

by Whittel & Melton, LLC

There are way too many drivers in Florida and across the United States that are taking their eyes off the road while behind the wheel and placing lives at risk. That is why officials with the National Safety Council have dedicated week four of National Safety Month to putting an end to distracted driving.

Our Florida Auto Accident Attorneys at Whittel & Melton know that thousands are killed each and every year as a result of drivers using cell phones while driving and engaging in other distractions. According to Distraction.gov, 3,328 people were killed in distraction-affected crashes in 2012. In that same year, another 421,000 people were injured in motor vehicle crashes involving a distracted driver.

While it may seem shocking, officials estimate that around 20 percent of all injury accidents involve a distracted driver. And these are just the accidents that are reported. Officials believe that the real number is much higher due to the fact that most drivers do not openly admit that they were irresponsible and that their distracted driving caused an accident.

To help put an end to this deadly driving behavior, officials with the NSC are asking drivers to:

Place cell phones and hand held devices out of sight while operating a motor vehicle. Place your phone in the back seat, in a purse or briefcase or in the glove compartment. When your phone is out of sight, it’s also out of mind.
Familiarize yourself with the dangers of distracted driving. The more you are aware of and understand, the less likely you are to engage in these risky behaviors.
Spread the word! Talk with your friends, family members and neighbors in your community about how dangerous distracted driving is. Changing driver behaviors is a group effort.
If you are on the phone with someone while they are driving, tell them that you will speak with them once they have stopped at a safe location.
Pledge to drive cell phone free. Encourage your friends and family members to do the same. Taking just this small step is all part of creating a larger change.

The truth is that drivers who use cell phones and hand held devices are about four times more likely to get into a serious crash resulting in injuries than drivers who put their cell phones away. Likewise, texting drivers are about 23 times more likely to get into an accident.

June 4, 2014

Florida Auto Accident Injury Attorney :: New NHSTA Study Shows the Staggering Toll of Car Crashes on U.S. Residents

by Whittel & Melton, LLC

Whenever a motor vehicle accident occurs in Florida, or anywhere else throughout the country, it creates a series of events that cost money. While these costs are not always apparent to other people, make no mistake, car accidents can be quite expensive.

When viewed as a whole, the numbers are downright shocking. A recent study conducted by the National Highway Traffic Safety Administration demonstrates that motor vehicle accidents cost more than $870 billion in economic loss per year. This study examined data from 2010. That $870 billion can be broken down even further to a personal basis, averaging an estimated cost of $900 per person in the U.S., which does not just apply to accident victims, but all people residing in this country.

NHTSA’s study, “The Economic and Society Impact of Motor Vehicle Crashes, 2010,” focuses on some of the behavioral factors that influenced that year’s nearly 33,000 highway fatalities, 3.9 million injuries and 24 million damaged vehicles. According to the study, three driver behaviors including speeding, drunk driving and distracted driving, accounted for 56 percent of the economic loss to the nation and 62 percent of the societal harm. Societal harm is described as harm due to loss of life and decreased quality of life.

What is not so shocking is that drunk driving accidents were found to be among the most expensive kinds of accidents. These accounted for 18 percent of the total economic loss and 23 percent of the overall societal harm.

Speeding accounted for 21 percent of the overall economic loss costing the nation $59 billion and 24 percent, or $210 billion, of the societal harm.

Distracted driving crashes were responsible for 17 percent of the total economic loss and cost $46 billion. These crashes accounted for $129 billion, or 15 percent, of the overall societal harm.

On a positive note, researchers for this study concluded that using seatbelts led to a savings of almost $70 billion in medical care, lost productivity and other costs that were not incurred. For now, around 5 percent of the total economic loss involved people in auto accidents where they were not buckled up or did not properly fasten their seatbelt.

May 28, 2014

Florida Injury Attorney :: Florida Takes Top Four Spots in New Ranking of America’s Deadliest Cities for Pedestrians

by Whittel & Melton, LLC

While all pedestrians should pay extra close attention when crossing the street, it seems that Floridians need to be especially mindful.
In a new report from the National Complete Streets Coalition, Dangerous By Design 2014, a Pedestrian Danger Index was used to rank the deadliest places to walk in America. Florida is home to the top four cities, with six other southern cities finishing out the top 10:

Orlando, FL
Tampa, FL
Jacksonville, FL
Miami, FL
Memphis, TN
Birmingham, AL
Houston, TX
Atlanta, GA
Phoenix, AZ
Charlotte, NC

You can view the full list here.

The Pedestrian Danger Index was calculated by looking at the last five years of available data on pedestrian fatalities and factoring in the number of local commuters who walk to work every day.

The report shows that 47,025 people nationwide were hit by cars and died while walking between 2003 and 2012. This number is 16 times greater than the number of Americans who died in natural disasters over the same time frame. Additionally, another 676,000 pedestrians were injured while travelling on foot, which likens to someone being hit by a car every eight minutes.

The elderly are found to be much more at risk than any other age group, according to the report. While they only represent 12.6 percent of the total U.S. population, adults ages 65 and older account for 21 percent of pedestrian fatalities.

This report shows just how dangerous busy roads and intersections can be for those walking to their destinations. The following tips are a great reminder on how to stay safe as a pedestrian:

Stay Alert. Distracted walking can be just as dangerous as distracted driving. Always look where you are going and be aware of your surroundings. In 2010, more than 1,500 people were treated in U.S. emergency rooms for pedestrian-related injuries resulting from distractions, especially cell phones. Keep your eyes off your cell phone when crossing the street!

Never Jaywalk. Did you know that pedestrians can be held liable for auto accidents, too? When you cross the street against a light and run into traffic, you increase your risk of being struck and potentially killed by a motorist.

Use the Sidewalk. While sidewalks may not be located in certain areas in the city, if they are available for use, please use them and do not walk in the street. If a biker is taking up the sidewalk, gently remind them that they are meant for pedestrians.

May 23, 2014

Florida Auto Accident Injury Lawyer :: Car Crashes Increase over Memorial Day, Stay Safe on Florida’s Roadways

by Whittel & Melton, LLC

Memorial Day weekend is finally here and many of you will be setting out to enjoy the official start of summer with our state’s numerous recreational possibilities. With that said, it is estimated that close to 34 million people will be hitting the road over the long holiday weekend and traveling at least 50 miles from home. Whether you are staying local or making a trek to a family member or friend’s home, the Florida Auto Accident Attorneys at Whittel & Melton urge you to drive safely and exercise caution this holiday weekend.

Memorial Day weekend is supposed to be a time for remembrance and celebration. Whatever type of activity you choose to partake in this weekend, we urge you to do so responsibly. Make sure if you are driving to always pay attention, look out for any roadside construction and always see to it that everyone in your vehicle is buckled up. Remember, if you are going to be drinking at any point during the holiday weekend, just be sure to have a designated driver set in place.

According to AAA, the amount of motorists travelling on the roadways this Memorial Day weekend will be at a 10 year high. Dating back to past Memorial Day weekends, statistics show that there is an increase of more than ten percent in motor vehicle accidents vs. other holiday weekends.

You can help exercise safety this Memorial Day weekend just by brushing up on a few safety steps:

Always give yourself enough time to get from Point A to Point B.
Follow all posted speed limits.
Limit Driver Distractions.
Make sure everyone, including those in the back seat, is wearing their seat belt.
Do not drink and drive. In fact, make sure you have a designated driver assigned before you start drinking so that you are not tempted to drive after consuming alcoholic beverages.

May 13, 2014

Florida Child Injury Lawyer :: Look Before You Lock – The Risks & Consequences of Leaving Children Alone in Hot Cars

by Whittel & Melton, LLC

We rely on our vehicles to get ourselves and our loved ones safely where we need to go, however it can be easy to forget that when you leave a child in the car for too long, the results can be deadly. According to statistics from the National Highway Traffic Safety Administration, the leading cause of all non-crash-related fatalities involving children aged 14 and younger is heatstroke.

Vehicles can reach extreme temperatures very quick, even if you have the windows rolled down. A child’s body absorbs more heat on a hot day than an adult’s does due to the fact that children’s bodies have a harder time regulating body temperature. Heatstroke can happen even in cars parked in a shaded area on days that reach 80 degrees or less. Studies have shown that in temperatures around 80 degrees, a vehicle can become lethal in just 10 minutes.

As parents and caregivers, it is vital to understand the risks and consequences associated with leaving kids in vehicles, especially hot cars.

Potential Risks

In just 10 short minutes, a car can jump up by 20 degrees Fahrenheit.
Cracking or rolling down a window does very little to keep the car cool.
Even with temperatures in the 60s, your vehicle can heat up to temperatures that exceed 110 degrees.
A child’s body temperature can climb up to five times faster than an adult’s.
Heatstroke can occur even in mild temperatures. In fact, studies show that heatstroke can occur when it is as cool as 57 degrees outside!
A child dies when their body temperature reaches 107.

Possible Consequences

Death from heatstroke.
In the state of Florida, it is considered a second-degree misdemeanor to leave a child under the age of six alone in a car for more than 15 minutes or while the motor was running causing the health of the child to be in danger.
This crime is punishable by a fine of up to $500.

How to Avoid a Tragic Heatstroke

Never leave a child alone in a car, even if you need to run a quick errand.
Remind children to not play in an unattended vehicle.
Do not leave infants or young children in a parked car, even if the windows are rolled down.
Place a purse, briefcase or anything else that you will need when you get out of the car in the backseat, so that you cannot forget about a child riding in the backseat.
Make it a habit to look inside your vehicle, both front seat and back, before locking the door and walking away.
If you should see a child alone in a hot vehicle, call 911 right away. If you notice that they are in distress due to heat, it is important to get them out of the car as quickly as possible.

April 29, 2014

Florida Motorcycle Accident Attorney :: Leesburg Commissioner Involved in Motorcycle Crash at Bikefest

by Whittel & Melton, LLC

Reports indicate that a motorcycle rider crashed into a truck on Sunday driven by Leesburg City Commissioner Jay Hurley.

The motorcycle rider’s identity has not yet been released, but he was treated on the scene and flown to Orlando Regional Medical Center.

The Leesburg Police Department asked the Florida Highway Patrol to help investigate the collision since it involves a top city official.

April 16, 2014

Martin County Hit-and-Run Suspect was Texting While Driving when he Struck Motorcyclist

by Whittel & Melton, LLC

A hit-and-run crash in Stuart on Monday that left a motorcyclist hospitalized is the result of a texting driver, according to police.

The suspect, a 29-year-old man, was texting while driving when he struck the motorcyclist and fled the scene.

A citizen driving near the intersection of Indian Road and Willoughby Boulevard in Stuart on Monday reported the incident to police when he noticed the man hit the biker and failed to stop.

The 911 operator confirmed the location of the citizen and police arrived a short time later and arrested the man. According to Martin County police, the man admitted that he was texting while driving and thought he had killed the motorcyclist.

The suspect was arrested and faces several charges. The victim, whose identity has not yet been released, is still recovering in the hospital.

This is the county’s first texting-and-driving case, according to reports.

Texting has become a very popular means of communication between friends and family. However, texting while driving is not only dangerous to other drivers, but to everyone else sharing the roadway. There are a growing number of auto accidents in Florida and throughout the United States that are caused by texting drivers. If you were involved in a car accident that was caused by a driver who was texting or talking on a cell phone, it is in your best interest to speak with an injury lawyer who can help you proceed with a personal injury lawsuit. A Florida Auto Accident Injury Lawyer can advise you of your rights as a victim and help you file a claim to recover damages for your injuries.

There are many expenses that are involved in a Florida car accident. The at-fault driver whose negligence caused your injuries should be held responsible for your suffering. By filing a personal injury claim you can get the money you need to pay for:

Repairs to your Automobile
Hospital Bills
Ambulance Fees
Lost Wages
Physical Therapy
Psychological Therapy
All Other Accident-Related Damages