Car Accidents

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

April 7, 2014

April is National Distracted Driving Awareness Month

by Whittel & Melton, LLC

Distracted driving is a widespread problem throughout the United States. According to the official U.S. government website for distracted driving – www.distraction.gov, 3,328 people alone were killed in distracted driving auto accidents in 2012 and another 421,000 people were injured.

Distracted driving is any activity or behavior that takes a person’s attention away from operating a vehicle safely. Distractions not only endanger those behind the wheel, but passengers, other motorists sharing the roadway and innocent bystanders as well. The following are all various distractions that can divert a motorist’s attention away from the primary task of driving:

Texting
Talking on a cell phone
Drinking and Eating
Talking to other Passengers
Applying Makeup, Brushing Hair and all other forms of Personal Grooming
Reading Directions, including Maps
Using GPS or a Navigation System
Adjusting Radio Dials or Playing with CD Players, iPods or MP3 Players
Watching Movies or TV

The most dangerous distracted driving activity is text messaging, as it demands visual, manual, and cognitive attention from the driver. According to the 2011 National Occupant Protection Use Survey conducted by the National Highway Traffic Safety Administration, at any moment across the country an estimated 660,000 motorists are using cell phones or operating electronic devices behind the wheel. This number has only increased since 2010, and the survey goes on to show that when operating a vehicle, 1 in 2 drivers answer incoming calls, 1 in 4 drivers make outgoing calls, 3 in 5 teen drivers answer phone calls, 1 in 3 teen drivers make phone calls and 2 in 5 teen drivers regularly use their hand-held cell phones or smart phones. Sadly, thousands of people die every year due to negligent distracted drivers.

Because April is National Distracted Driving Awareness Month, our Florida Auto Accident Lawyers at Whittel & Melton want to encourage everyone to put their cell phones and all other electronic devices away when behind the wheel. Sending and receiving text messages while driving is very dangerous, but regardless many people still choose to do so. In fact, when you send or receive a text message, this activity takes your eyes off the road for an average of 4.6 seconds which is the same as driving the length of an entire football field at 55 mph, blind. We urge you to remember these facts and statistics every time you get into a vehicle.

April 2, 2014

Insurance Reforms Credited for Fewer Fake Car Accidents in Florida

by Whittel & Melton, LLC

According to a new report, the overall number of staged auto accidents in Florida so an insurance claim could be filed has dropped by more than half since the laws governing personal-injury protection were reformed.

The number of PIP claims involving accidents that appear to have been deliberately caused plummeted from 712 in 2012 to 328 last year, according to a study conducted by the National Insurance Crime Bureau.

The bureau, which partners with insurers and police, found that questionable PIP claims filed in Florida dropped by nearly 8 percent in a year.

The 2012 law requires those involved in motor vehicle accidents to seek treatment within 14 days and limits non-emergency medical claims to $2,500. The reforms also created tougher penalties for medical providers who commit PIP fraud, including a five-year license suspension and a 10-year restriction from PIP reimbursement.

Based upon on a review of 20 insurers that offer coverage for more than 75 percent of the Florida market, premiums for PIP coverage are expected to drop by an average of 13.2 percent.

Even with the new changes, the National Insurance Crime Bureau ranks several Florida cities as having the greatest number of “questionable claims” in the country.

Florida is one of several states that require residents to purchase PIP insurance. The amount of coverage a person receives depends on their auto insurance plan. PIP insurance is limited to medical expenses and does not cover property damage.

Many people confuse PIP coverage with bodily injury liability. The main difference between PIP and bodily injury liability is that PIP only covers the costs associated with the insured party’s medical treatment. Bodily injury liability plans can cover the costs of another person’s injuries that the insured driver may have caused, as well as potential legal fees.

February 27, 2014

Florida Auto Accident Injury Attorney :: 10 Injured in School Bus Accident Near Disney

by Whittel & Melton, LLC

A total of ten people were injured in a school bus crash on Monday near Walt Disney World.

According to Orange County Fire Rescue officials, 50 students were on the bus headed to a local middle school. Nine of those students were transported to local hospitals with injuries.

The crash happened near Winter Garden Vineland Road and Mystic Circle just before 9 a.m.

Ten people were injured in a school bus crash on Monday near Walt Disney World.

According to troopers, the driver of the school bus, a 55-year-old woman, was travelling east attempting to make a left turn when she drove into the path of a PT Cruiser travelling southbound on C.R. 535. The 26-year-old driver of the PT Cruiser tried to avoid hitting the bus, but was unsuccessful and slammed into the left side of the bus. She also suffered injuries in the accident.

According to the Florida Highway Patrol, the bus driver was ticketed for violating the right of way.

Another school bus arrived to take the remaining students to school, according to officials.

While bus accidents might not occur that frequently in Florida, when they do, the results are often catastrophic. Due to the tremendous size and weight of these vehicles, and the fact that they have a high center of gravity, many bus accidents result in wrongful death or leave those involved with very serious injuries, such as traumatic brain injuries, spinal cord trauma, burn injuries, broken bones, loss of limbs and disfigurement.

School buses, charter buses, city buses and other commercial buses and passenger vans are classified as “common carriers” under Florida law. For these vehicles to operate, drivers must follow certain industry specific regulations that are designed to protect the general public. Drivers of common carriers must be extra cautious when on the roadways in order to keep passengers and the general public safe from harm.

January 30, 2014

Florida Pedestrian Accident Attorney :: Lake Man Dead after Being Struck by Four Vehicles

by Whittel & Melton, LLC

A 72-year-old man was killed after being struck by four vehicles near the intersection of County Road 44 and South Fish Camp Road in Grand Island northwest of Eustis shortly before 7 a.m. Thursday.

According to Florida Highway Patrol troopers, the Fruitland Park man was on the south shoulder of County Road 44 trying to cross when, for an unknown reason, he stepped into the path of oncoming westbound traffic.

The man was hit once by a Saturn car driven by a 30-year-old Umatilla man and a second time by a Jeep driven by a 28-year-old Eustis woman. Witnesses at the scene said two other vehicles also struck the man, but did not stop.

A 72-year-old man was killed after being struck by four vehicles in Eustis Thursday.

A Grand Island resident drove up to the scene before paramedics arrived and saw the man lying on the ground. Another person was trying to revive him while another person called for help, according to reports. The FHP noted the area was rainy, without streetlights and very dark.

The man was pronounced dead at the scene.

Troopers are still looking for the third and fourth vehicles that struck the deceased. Anyone with information can call FHP at 407-737-2213.

According to the National Highway Traffic Safety Administration, at least 5,000 reported deaths are the result of motor vehicle v. pedestrian accidents each year. Sadly, more than 78,000 pedestrians suffer serious injuries every year from an accident involving a car or truck.

A pedestrian collision can result in death, head and brain injuries, disfigurement, nerve damage, scarring, loss of a limb and other serious physical and mental impairments. In many cases, pedestrian accident victims require specialized treatment, such as long-term physical and psychological care. The physical pain and mental anguish suffered by pedestrians injured in auto accidents are often extreme, and the cost for medical care can be astounding. A Florida Pedestrian Accident Lawyer at Whittel & Melton can make sure that you and your family has the help they need to deal with these injuries.

January 28, 2014

Ocala Motorcycle Accident Lawyer :: Mount Dora Man Dies from Dec. 7 Motorcycle Crash

by Whittel & Melton, LLC

A Mount Dora man injured while riding his 2008 Harley-Davidson Electra Glide motorcycle last month passed away recently.

According to Florida Highway Patrol troopers, the 51-year-old died Monday, Dec. 30, at 1:03 p.m. at Ocala Regional Medical Center. His 49-year-old wife, also of Mount Dora, remains at ORMC.

The accident took place at 3:10 p.m. Dec. 7 at County Road 25 and Sunset Harbor Road.

If you have lost someone you love in a motorcycle accident that was the fault of another motorist, you should speak with a Marion County Motorcycle Accident Lawyer at Whittel & Melton as soon as possible .

According to officials, a 2004 Mini Cooper driven by an 83-year-old Eustis man was heading north on CR 25, approaching Sunset Harbor Road. At the same time, the deceased and his wife were traveling south on CR 25 on their motorcycle, also approaching Sunset Harbor Road. The 83-year-old motorist failed to yield the right of way of the motorcycle and turned left, causing the front of the Mini Cooper to smash into the Harley bike.

Authorities claim that neither the deceased nor his wife was wearing a helmet.

In 2013, there were 54 traffic related deaths reported in Marion County alone.

In the last decade, there has been a decrease in the number of many types of motor vehicle accidents throughout the state of Florida and the rest of the country. However, due to the increasingly popularity of motorcycle travel, these types of accidents have been on the incline. When a motorcyclist is killed in a preventable accident caused by the carelessness or recklessness of another driver, the biker’s family may be able to seek compensation for their loss.

December 26, 2013

Broward County Injury Lawyer :: Two Boys Riding Dirt Bikes Struck by Car in Miramar

by Whittel & Melton, LLC

Two boys riding dirt bikes are recovering in the hospital after being hit by a car on Christmas Eve.

The boys, 13 and 16, were riding their bikes around Southwest 66th Terrace and Southwest 28th Street when a Nissan Altima hit them around 4 p.m. Wednesday, according to a Miramar Police spokeswoman.

The two boys were transported to Memorial Regional Hospital with injuries that were not considered life-threatening.

The driver of the Altima reportedly stayed at the scene after the accident. Police are still investigating the incident.

Dirt bikes and ATV’s, otherwise known as all-terrain vehicles, can be fun for individuals of all ages, but they are also notorious for being very dangerous. Dirt bike and ATV accidents can result in serious injuries, paralysis and even death. If you or someone you care for has suffered an injury from dirt bike or ATV accident, it is important to consult with a Broward County Injury Lawyer at Whittel & Melton immediately. We represent individuals who have been injured on a dirt bike, motorcycle or ATV throughout Broward County, including the cities of Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hillsboro Beach, Hollywood, Lauderdale Lakes, Lauderdale-By-The-Sea, Lauderhill, Lazy Lake, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Port Everglades, Sea Ranch Lakes, Southwest Ranches, Sunrise, Tamarac, West Park, Weston and Wilton Manors.

September 19, 2013

Florida Auto Accident Injury Attorney :: National Child Passenger Safety Week – Make Sure Your Child is Buckled Up Properly

by Whittel & Melton, LLC

This week is National Child Passenger Safety Week, which serves as a reminder to us all just how important it is to make sure our children are secured properly in their car or booster seats. Failing to do so could be the difference between life and death if your child is involved in an unfortunate auto accident.

According to the National Highway Traffic Safety Administration, car accidents are the leading cause of death in children between the ages of 1 and 13. In 2011, 655 children were killed in auto accidents across the United States. Of the children killed, one out of every three was not wearing a seat belt.

When a child does not wear a seat belt and becomes involved in a collision, they are at an increased risk of being ejected from the vehicle, which commonly leads to serious personal injuries or death. According to the Centers for Disease Control and Prevention, wearing a seat belt reduces an infant’s chance of being harmed in an accident by 72 percent and a toddler’s chance of suffering fatal injuries in a crash by 54 percent.

Recent studies have found that three out of every four car seats are improperly installed. Incorrectly installed car seats could lead to brain and spinal cord injuries in children should a collision occur. To avoid a tragedy, adults must ensure that babies under the age of 1 and fewer than 20 pounds are in a rear-facing safety seat. Once a child is over 1-years-old and weighs more than 20 pounds, they can be placed in a front-facing seat with an internal harness. Once a child is over 30 pounds, they can be placed in a booster seat, however it is strongly recommended to keep children in a front-facing seat until they are 40 pounds in weight.

In Florida, children between the ages of 6 and 12 must remain in the rear seat of the vehicle and use a seat belt at all times. Children 13-years-old and above can ride in the front or back seat. Just like adults, the law requires that they wear seat belts.

September is a great month for parents and child caregiver’s to have their child’s passenger safety seat inspected for no cost. Child Passenger Safety Week is Sept. 15 – 21. Sept. 21 is National Seat Check Saturday. You can visit the NHTSA’s website to find a child seat inspection station near you.

May 28, 2013

Florida Car Accident Injury Lawyer :: Put your Cell Phones Away – It is Now Illegal to Text & Drive in the State of Florida

by Whittel & Melton, LLC

Gov. Rick Scott has made it official: texting and driving is now illegal in the state of Florida.

On Tuesday, May 28, Scott traveled to Alonzo and Tracy Mourning Senior High School in Miami, where a press conference was held to sign a bill passed by the Florida Legislature that bans texting while driving.

Florida joins 39 other states in supporting what is known often as Distracted Driving laws. Washington was the first state to issue a texting while driving ban in 2007, and has since been joined by other states in recent years, including the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands.

For most states, the bans are a primary enforcement offense, which means highway law enforcement patrols can pull a motorist over simply for texting while driving. However, in Florida, texting while driving is a secondary offense, meaning an officer cannot stop a motorist just for texting while driving. In Florida, texting while driving is classified as a nonmoving violation, with a fine of $30.

The Florida law prohibits any person from manually typing or entering multiple letters, numbers, symbols or other characters into a wireless communications device while behind the wheel of a car. This includes sending text messages, emailing and instant messaging through smart phones.

Scott announced that he is deeply concerned about the number of motorist’s texting while driving. This concern is what prompted him to get the bill signed before the busy summer driving season begins.

The measure was co-sponsored Sen. Nancy C. Detert, R-Venice, and State Rep. Doug Holder, R-Osprey.

May 21, 2013

Florida Injury Attorney :: Amtrak Train Collides with Car on Train Tracks in Jacksonville

by Whittel & Melton, LLC

An Amtrak train struck a car stopped on railroad tracks on the Westside of Jacksonville Tuesday morning, according to the Florida Highway Patrol.

State troopers said a 55-year-old woman was heading east on Timuquana Road on the Westside when the car became disabled on the tracks at the intersection of U.S. 17 shortly before 11 a.m.

The woman was able to safely exit the vehicle before the collision occurred.

According to reports, the Amtrak train saw the car on the tracks and tried to slow down, but was unable to stop the train before colliding with the left side of the car.

No passengers on board the train suffered any harm.

Accidents that involve trains and railroads often result in very serious injuries and even death. Luckily for those involved in this accident, no one was hurt. However, if you or someone you care for has been injured or killed in a railroad accident, a Florida Injury Lawyer at Whittel & Melton can help. We help railroad accident victims and their families obtain full and fair compensation for their losses.

While train accidents are far less frequent than other types of motor vehicle accidents, they can and do still occur. Sadly, the injuries suffered by train accident victims are usually more severe or even fatal. There are numerous types of railroad accidents that can take place. Some may involve collisions with cars, pedestrians, trucks, freight trains, motorcycles and commercial vehicles. Despite why or how the accident happened, if negligence is involved, you have a right to seek compensation for damages.