Articles Posted in Car Accidents

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According to the National Highway Traffic Safety Administration, manufacturers filed for more than 650 safety recalls in 2012 affecting more than 17.8 million vehicles, child seats and vehicle equipment. Additionally, the NHTSA prompted the recall of more than 9 million vehicles and 60,000 items of vehicle equipment, such as child safety restraints and tires.

Nearly 42,000 complaints from consumers addressing possible safety defects influenced the NHTSA to check out these potential issues for consumers.

1194812_starting_the_car.jpgOver the past three years NHTSA’s investigations and testing have resulted in more than 430 recalls, including 22 million vehicles and products. Since 1966, the NHTSA’s work has directly resulted in 17,000 recalls of more than 500 million vehicles and another 84 million equipment products.

Certain types of vehicle defects can lead to tragic car accidents that often involve not only the occupants of the affected car, but other drivers, passengers and even pedestrians. Auto defects can include tire defects, engine failure, structural problems, roof crush and many more. Multiple parties can be held liable when catastrophic collisions occur, including a negligent driver, the auto manufacturer or the maker of a defective auto part. While it is very important for a vehicle to do its job and protect occupants in the event of a crash, it is equally important for safety restraint systems to be fully functioning. This is also true for car seats, as they are supposed to minimize the risk of serious injuries to babies and toddlers should an unfortunate wreck occur.

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A 41-year-old father and his three kids were killed Friday night in a car crash in Lake County.

The man apparently lost control of his 2009 Mercedes Benz around 6:45 p.m. on State Road 33.

Florida Highway Patrol troopers do not know what caused the man to lose control of his vehicle. Reports indicate the man was traveling southbound on a S.R. 33 curve near Groveland Airport Road when his car left the road, struck a tree and a pole, causing the vehicle to become airborne and crash into another tree that ultimately crushed the car’s roof.

The man and his 9-year-old son were pronounced dead at the scene. His other son, 7, and daughter, 2, passed away at the hospital.

The speed limit for the road is 60 mph, but troopers do not yet know if the man was speeding.

Court records indicate the man received several citations for speeding and failing to obey traffic signals in counties across Central Florida.

The man and his sons were wearing seatbelts, but troopers say the force of the crash was so great that it would not have mattered if they were wearing them properly. The young girl was in a car seat.

Troopers are still investigating what may have caused the crash.

568830_mercedes.jpgSadly, even just a small driving error or momentary lapse in judgment can lead to a devastating car accident. Due to this, all drivers have a duty to operate their vehicles with as much caution as possible to ensure the safety of their passengers and all others on the roadways. When drivers fail to drive safely and partake in reckless behavior, the odds of an auto accident occurring becomes much more likely. Many of the auto accidents that occur in Lake County are caused by the following:

• Distracted Driving
• Talking on a Cell Phone or Texting while Driving
• Speeding
• Hazardous Roads
• Failing to Follow Traffic Signals
• Changing Lanes without Signaling Properly
• Driving Under the Influence of Drugs and/or Alcohol
Any of the above actions can cause an accident that is quite serious, and lead to severe personal injuries and even wrongful death. Negligent drivers often react too late to dangers in the road until it is too late to avoid a wreck. However, it is important to note that even the most careful and considerate driver can lose control of their car on a hazardous road and cause a serious collision.

While most cars today are outfitted with more safety features than ever before to protect occupants in the event of a crash, even the best safety measures cannot prevent drivers and passengers from suffering the effects of a crash. Seatbelts and airbags can protect victims of a minor crash, but when a major wreck occurs, the force of the collision may be too great for these features to prove useful. The effects of a car accident can range in severity from cuts and bruises, sprains and strains and fractures and broken bones to vehicle ejections, traumatic brain injuries, spinal cord trauma and death.

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A 20-year-old Florida Army National Guardsman was killed Tuesday after the Humvee he was driving rolled over and crashed on U.S. 301 in Lawtey.

The West Point, Ga., man was flown by helicopter to Shands at the University of Florida, but passed away a short time later.

According to the Florida Highway Patrol, the deceased was driving his Humvee alone heading north on U.S. 301 north of Lawtey traveling to Jacksonville when the military vehicle rolled over and crashed. The man apparently tried to switch lanes, but lost control of his vehicle, sending his Humvee onto the grass median where it overturned.

The man was reportedly not wearing a seatbelt, and was ejected from the vehicle around 11:30 a.m.

Wearing a seatbelt during a Florida car accident can help keep you and your passengers safe from serious injuries. In fact, they can also be the difference between life and death. Sadly, many young lives are ended every year in auto accidents because crash victims fail to buckle their seatbelt, a task that takes just seconds to perform. An estimated 35,000 people are killed in car accidents every year. Nearly one half of these deaths could be prevented if drivers and passengers buckle their seatbelts every time they get inside a vehicle. Studies show that when a seatbelt is used properly it can reduce the number of severe and catastrophic injuries in traffic collisions by 50 percent.

233478_emergency_worker.jpgWhile statistics show it is smart to wear your seatbelt for safety reasons, there is also a legal reason to make sure you buckle up. If you are injured in an auto accident caused by someone else, and you were not wearing a seatbelt, the insurance company for the responsible driver will certainly try and use that information against you. They will even try to claim that your injuries are partially your fault because you failed to follow the law by not buckling up.

Any time you are making a trip by car, it is imperative to fasten your seatbelt. Even if you are only traveling a short distance, take the time to strap yourself in. An accident can occur in the blink of an eye, so make sure you and anyone else in your car is protected by wearing a seatbelt no matter where you are going.

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Plant City, FL – A 6-year-old boy was struck by a car Monday afternoon just before 4:30 p.m. as he ran out into the street.

The child suffered a head injury. The boy is conscious, and authorities expect the child to be OK.

Police claim that the vehicle that struck the boy was not speeding at the time of the incident.

The accident took place on West Lowry Avenue in the neighborhood south of Reynolds Street, east of Woodrow Wilson Street.

52977_slow_children_at_play.jpgDrivers must be on the lookout for children in the roadways at all times, especially near schools, residential areas, parks and bus stops. When motorists drive recklessly or become distracted, innocent children can be harmed. Sadly, the parents of nearly 630 children must mourn the loss of a child every year due to pedestrian motor vehicle accidents. An estimated 39,000 children suffer serious injuries each year in pedestrian accidents caused by negligent motorists.

If a child in your presence is struck by a car, you must know what to do in order to protect them from further harm. The following tips can help save a child’s life and make sure the careless driver is held accountable for their actions:

At the collision site:

• Never move a child that has been hit by an automobile. The child may have suffered serious and catastrophic injuries to the brain, neck, back or spinal cord, and moving them could result in further injury.
• If necessary, perform CPR.
• Dial 911.
• If the child is conscious, try and keep them awake and relaxed.
• Ask witnesses or bystanders to help get the at-fault driver’s information.

Following the accident:

• Once the child has been checked out by medical professionals and is safe, document exactly what you saw. Try and remember the details, as it is crucial for police and your attorney to have correct information.
• Keep any damaged clothing or personal items involved in the accident.
• Call a Tampa Child Injury Lawyer at Whittel & Melton – 813-221-3200.

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Two passengers were killed and three critically injured last weekend when a too-tall charter bus crashed into the bottom of a concrete over pass at Miami International Airport.

The bus driver drove into the overpass despite multiple warning signs that told drivers the overpass could only accommodate vehicles under 8-feet-6-inches tall. The driver drove his 11-foot-high bus into the overpass, instantly killing an 86-year-old man and causing a 56-year-old man to die from injuries later at the hospital.

In total, three people were listed in critical condition. The 27 remaining passengers sustained various non-life threatening injuries.

Reports indicate that the bus was privately owned and had been chartered by the Sweetwater Kingdom Hall of Jehovah’s Witnesses church. The 32-person church group was headed to a convention in West Palm Beach.

The bus is owned by Miami Bus Service Corp. The company owns a total of three buses.

Federal Motor Carrier Safety Administration records show the company has had no previous violations for unsafe driving or controlled substances and alcohol. However, records did show the company received three citations related to driver fatigue in April 2011.

1165924_bus.jpgWhile bus accidents are not common occurrences, when these accidents do happen, they can bring immense tragedy. Hundreds of people every year are killed or seriously injured in bus accidents. Sadly, the injuries sustained in these types of accidents are often more devastating than injuries suffered in passenger vehicle accidents. This is partially due to the fact that most buses fail to provide passengers with seat belts.
Bus accidents can be caused by many factors, but primarily these accidents occur when bus companies fail to abide by safety protocols, improperly train drivers or fail to properly maintain their buses.

The injuries a passenger may suffer following a bus accident can range in severity, from minor to life-threatening and may include the following:

• Sprains
• Burns
• Abrasions
• Fractures
• Internal Injuries
Traumatic Brain Injuries

Spinal Cord Injuries

Loss of Limbs or Disfigurement

• Wrongful Death

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1022488_heavy_traffic.jpgSt. Petersburg, Florida – Thanksgiving is a wonderful time to spend with friends and family and reflect on all the blessings in our lives. Unfortunately, statistics do show that during this holiday weekend the number of car accidents drastically increase, making Thanksgiving one of the most dangerous and deadliest times to be on the road.

There were 337 motor vehicle fatalities throughout the U.S. during the 2010 Thanksgiving holiday, according to the National Highway Traffic Safety Administration. Last year, 431 traffic deaths were reported during this holiday period, which includes Wednesday evening through early Monday morning.

The American Auto Association has predicted that 43.6 million Americans will travel at least 50 miles this Thanksgiving, which is an increase in 0.7 percent from last year. Nearly 90 percent of travellers will be making their trips by car, making roadways across the United States busier than ever. With so many people choosing to drive, it is important to prepare yourself accordingly for holiday travel.

Here are a few tips you can follow to make sure you and your family arrive at your destinations safely:

1. Wear Your Seat Belt.

2. Make Sure You Are Well Rested Before Making a Long Trip.

3. Before Heading Out, Check the Weather Forecast.

4. Make Sure Your Car is in Good Working Condition before making any Trip. Check
the tires, battery and fill your gas tank.

5. Avoid Speeding and Careless or Distracted Driving. You will likely experience increased traffic volumes this year so make sure you give yourself plenty of time to get to your destination.

6. Never Drink and Drive. Avoid alcohol at your gatherings unless you have a safe way to get home. Be aware that other drivers sharing the roadways may have consumed alcoholic beverages, so be extra cautious this holiday weekend. Keep in mind that the Wednesday before Thanksgiving, also known as “Blackout Wednesday,” is one of the busiest drinking nights for college students returning home for the holiday. Understand that other drivers may not have safety as their number one priority.

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299523_i_haul_.jpgA 44-year-old Chiefland truck driver was killed Nov. 2 in a fiery accident that closed northbound lanes of Interstate 75 near Fowler Avenue for six hours.

According to the Florida Highway Patrol, a 20-year-old Tampa woman was merging onto I-75 north when she crossed into the path of a Panama City man, 48, driving a semitrailer truck loaded down with cardboard boxes.

The driver of the semitrailer apparently swerved into the inside lane to avoid hitting the woman’s 2001 Ford Focus, but collided with the deceased man’s truck, which was carrying aluminum gussets.

The man was pronounced dead at the scene after his truck caught on fire in the median.

Unfortunately, accidents similar to the one in the story above are quite common and often fatal on Florida’s roadways. A truck accident can take a loved one from you in the blink of an eye. The pain, suffering and loss of a primary wage earner can be a truly devastating event for a family. A Chiefland, Florida Accidental Death Lawyer can help you and those close to you get through this challenging time. Many families believe that after the death of a loved one that they can handle the overwhelming matters that come along with a tragic accident like a truck crash themselves, but the reality is that you must think about funeral expenses, lost wages, medical expenses and other bills in addition to focusing on your own emotional recovery. This can often be too much for an individual or family to take on alone.

While nothing can bring back the death of a loved one, it is important for families to understand that they have legal recourse. Filing a wrongful death lawsuit can make sure all negligent parties are held accountable. A wrongful death lawyer at Whittel & Melton can investigate every aspect of an unfortunate truck accident. This can include analyzing the crash site, truck maintenance records, a driver’s log book and employee records. Further investigation may reveal multiple parties are to blame for your loss.

Even when every safety precaution is taken, a truck accident can be caused for any number of reasons, including:

• Driver Fatigue
• Inadequate Maintenance
• Driver Error
• Speeding
• Improperly Loaded Cargo

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1145736_father_and_children_on_a_walk.jpgA Deltona, Florida student became the 10th student to be injured this year after he was struck by a car while riding his bicycle Thursday morning.

The driver was cited in the crash.

While the 11th grader only suffered minor injuries, Volusia County school officials said that children being injured by cars – two fatally – has been an ongoing problem in the area for the last two academic years.

School and community leaders in the area began researching the problem after 27 students were involved in collisions in the 2011-2012 school year. School officials decided to combat the issue with heightened awareness and law enforcement around the county’s schools.

Drivers were found to be at fault in about half of the incidents, but students’ not looking before crossing the street seems to be a contributing factor as well, according to a schools spokeswoman.

Another high school student was hit by a driver Tuesday while getting off the bus.
The motorist heading in the opposite direction apparently failed to stop when the school bus signaled it was stopping by flashing its lights. The student suffered a broken leg.

None of the injuries this year have been fatal, just minor injuries from bumps and bruises to broken bones. The collisions took place while students were biking or walking within a mile of their school.

Out of the 27 injured last year, 10 accidents occurred in Orange City, where a high school student was killed as he was walking to school in February. He was one of two students killed.

A safety zone was implemented to control the high number of accidents. The majority of victims were middle school students, but children as young as third graders have suffered injuries.

As children head back to school, it is important for all drivers to be extra cautious of the increased number of children walking or biking on sidewalks and streets. According to the National Highway Traffic Safety Administration, 59,000 pedestrians were injured in 2009. Of those injured, 13,000 were age 14 and younger. When traveling through residential areas and school zones, it is essential for all drivers to be on the lookout for children walking, biking or playing in the street as it is not uncommon for kids to unexpectedly dart out into traffic.

As a parent, it is important to teach your children the rules of being a safe pedestrian. Regardless of whether you are walking to school with them or if they are making the trek solo, there are certain safety rules children should be aware of.

How to Cross Safely at an Intersection. Teach your child to never cross the road unless there is an intersection or crosswalk. Not only is this a safety measure, but it is the law, so make sure they follow it accordingly.

Always Cross the Street with an Adult. Children younger than 10 should never cross the street alone. If you are unable to accompany them on their jaunt to and from school make sure another adult is. Holding a child’s hand when crossing the street can prevent them from running off and into oncoming traffic.

Safety in Numbers. If your child is older and capable of walking without you, it is best for them to do so with a group. This is for safety reasons, as it is easier for motorists to spot a group of children as opposed to one.

Use Sidewalks When Possible. All pedestrians should use the sidewalk if one is available. If not, remind children to stay on the shoulder of the road, facing traffic and as far away from moving vehicles as possible. If your child is riding a bicycle, explain to them that different rules apply. Bikers must always ride with traffic.

Always Look Left-Right-Left. Before crossing the street, children as well as adult should always look left, then right, then left again. Explain to children that they should follow this rule at all times in case negligent drivers fail to follow traffic laws.

Traffic Signals. Teach your children what the traffic signals are and what they mean. Show them how the buttons work and when it is safe to cross. Constantly remind children that just because the signal may say it is safe to walk, they should always look left-right-left before venturing out into the crosswalk. Do this with your child every time you walk with them to enforce good habits.

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1133804_sign_success_and_failure.jpgIn a state-by-state ranking of regulatory departments conducted by the R Street Institute, Florida received the lowest point total, receiving a grade of F, in the think tank’s first ever “report card.”

The report, released in June, compiled points through 14 categories, doling out the lowest point total of any state in the U.S. to Florida, -32 points.

According to Online Auto Insurance, Florida’s major deductions arose from the category of “politicization.” Point deductions were received by states where industry regulation was a main campaign topic. Florida was deducted 6 out of the maximum 10 points because of new changes in its personal injury protection coverage. This reform was a major campaign topic for Gov. Rick Scott who said the system was inflating car insurance rates in Florida.

Four other states were deducted the same amount of points or higher for the category of politicization.

While the institute did commend Florida’s efforts to change the PIP system, they added that the “comprehensive reform package” approved by legislators also presented certain rate restrictions. Under the new PIP system, insurers will have to explain why the reforms did not allow them to reduce rates by at least 10 percent by October 2012 and by at least 25 percent by January 2014.

Florida received additional low marks for how it handled territorial ratings. Florida is one of 10 states that allow insurers to use where a person lives to determine their rates. According to the institute, Florida “enforces restrictions on the use of territory that are much more stringent than the norm.” This finding resulted in a maximum deduction of 5 points in the report card’s “territorial rating” category. Florida’s territorial ratings were set in place in 2006.

While landing at the bottom of the pile, the Sunshine State still managed to perform well in other categories including “fraud enforcement” for which the state reaped the maximum number of five points. Only three other states were awarded the same points – New Jersey, New Mexico and California.

As of July the new PIP reform in Florida includes the following:

• Statewide anti-fraud task force
• Tougher licensing standards for medical clinics
• Wider use of long-form accidents reports
• Tougher penalties for providers caught defrauding the system
While these changes are in new policies now, drivers in Florida won’t see major changes to their PIP coverage until 2013. Starting Jan. 1, those injured in car accidents will have 14 days to seek initial treatment. Currently, there is no cutoff period for when an injury victim must obtain medical care. Additionally, only those diagnosed with an “emergency medical condition” by medical doctors, osteopathic physicians, dentists, physician assistants or advanced registered nurse practitioners will be eligible for the full $10,000 PIP benefit. Those suffering less serious injuries, will only receive $2,500, despite spending the same amount for this “no-fault” coverage. Note, Florida drivers will stay pay the same amount as before, only now receiving less coverage.

The benefits of the PIP changes could take months, possibly years to happen, so lawmakers have warned drivers not to expect their insurance rates to drop anytime soon. Insurers want to see if the number of fraudulent claims and lawsuits decrease before determining whether rates can be reduced without affecting their bottom lines. However, as part of the law, insurers must either decrease PIP premiums by 10 percent or clarify why they cannot by Oct. 1. Never mind of course, the amount of money insurance companies will pay on future PIP claims does not appear to be a consideration on whether or not our rates will be reduced…troubling.

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U.S. transportation safety regulators shut down 26 bus companies last month operating curbside bus routes primarily on the I-95 corridor, Florida and the East Coast for alleged safety violations.

This action is the result of a larger investigation into crashes in New York and New Jersey last year that killed 17 people.

Officials claim U.S. Transportation Department truck and bus regulators served shutdown notices to three companies and their affiliates – Apex Bus, Inc., I-95 Coach, Inc. and New Century Travel, Inc.

All other operators that received citations were apparently associated with one of the three companies.

Regulators cited multiple safety violations, including drivers without a valid commercial license and vehicles not regularly inspected or repaired.

The bus companies transported passengers along Interstate 95 from New York to Florida.

Despite previous orders to stop service, several operators were still in business and three other companies were attempting to apply for operating authority.

While the commercial bus industry maintains a good safety record, federal accident investigators have apparently been pushing the Transportation Department to toughen up.

The crackdown started as a result of an investigation into curbside bus services to East Coast cities from New York’s Chinatown last year. The investigation by local authorities stemmed from several fatal crashes occurring in the Bronx last year that killed 15 people and on the New Jersey Turnpike that killed two others.

Congress is apparently contemplating legislation that would provide U.S. safety officials with more authority and tools needed to regulate commercial bus operators.

Public transportation accidents happen every day, often resulting in serious personal injuries and even wrongful death. If you or someone you love was injured in a bus accident, it is important to understand your legal rights. You may be able to pursue compensation against the transportation provider for past and future medical expenses, pain and suffering, disability, disfigurement, lost wages and other expenses.

There are numerous organizations that can own and operate buses for public transportation, including government entities and school districts. Often bus companies and agencies have their own experts and attorneys that handle any mass transit accidents. However, these transit companies will often try and limit their responsibility for any damages you suffered whenever possible. The Florida Bus Accident Injury Attorneys at Whittel & Melton can guide you and your loved ones through the legal process required for you to recover complete compensation. We can make sure your rights are protected and that you are treated with the respect you deserve. Before you speak with an insurance or bus company representative, make sure to speak with the Florida Bus Accident Injury Lawyers at Whittel & Melton first.

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