Car Accidents

December 5, 2011

Distracted Driving Wrongful Death Attorneys Whittel & Melton :: Woman Changing CD in Car Could Be Blamed for Deadly Collision

by Whittel & Melton, LLC

Florida Highway Patrol officials believe a West Palm Beach, Florida woman who supposedly changed a CD in her car while driving on Florida’s Turnpike Monday afternoon caused a collision that killed a 63-year-old Riviera Beach woman.

The 55-year-old West Palm Beach woman allegedly told troopers she was changing a CD in her car’s CD player when the accident occurred near Kissimmee. The woman’s car apparently drifted and struck the other woman’s SUV, causing it to roll over.

The Riviera Beach woman was pronounced dead at the scene. She was carrying two passengers in her SUV that suffered minor injuries.

FHP has not made it clear if the woman accused of distracted driving will be charged.

Florida distracted driving wrongful death automobile accidents are caused frequently by the following:

• Toying with a CD player, MP3 player, iPod or any other type of device that plays music
• Using a cell phone to call or text someone
• Eating and drinking
• Fiddling with knobs on the radio
• Applying make-up
• Reading maps or directions
• Talking to passengers
• Accessing a navigation system
• Watching television or videos

Auto Accidents can be caused by any distraction that takes the driver’s attention off the road.
According to the U.S. Department of Transportation, the three main types of driver distraction have been identified as visual, manual and cognitive. Visual distractions cause a driver’s eyes to wonder away from their first priority – the road. Manual distractions happen when a driver takes their hands off of the wheel to engage in some other type of activity. Lastly, cognitive distractions occur when a motorist loses mental focus on what they are doing.

Some driver distractions, like changing a CD while driving, involve all three elements. A person must visually identify the correct CD, manually grab it and insert it into the CD player and press play. As all these actions are carried out, a driver’s eyes leave the road, their hands are removed from the steering wheel and their mind is coordinating the proper actions. The end result can be a fatal disaster.

If your loved one was the victim of wrongful death, the Florida Distracted Driving Attorneys can analyze every piece of information regarding the accident and apply that knowledge towards increasing compensation opportunities for medical bills, property repairs, disability, loss of income and pain and suffering. There is a narrow amount of time to proceed with a lawsuit following an accident, so it is best to contact Whittel & Melton immediately after an accident has occurred.

November 28, 2011

Tampa Pedestrian Wrongful Death Attorneys Whittel & Melton :: Woman and Unborn Baby Killed in Pedestrian Car Wreck; Toddler in Critical Condition

by Whittel & Melton, LLC

A 27-year-old Tampa, Florida woman and her unborn baby were killed Wednesday night after a car struck them from behind.

The woman and her unborn baby were taken to Tampa General Hospital where doctors performed an emergency cesarean section, but the baby died shortly after birth. The woman was pronounced dead at the hospital.

The woman, who was six months pregnant was supposedly with a 24-year-old woman pushing their baby girls in strollers down an unlit street Wednesday night when they were struck from behind by a car.

The 27-year-old woman and her 14-month-old daughter were transported by helicopter to Tampa General where the girl was being treated for life-threatening head and lung injuries. As of Thursday morning, the toddler was in critical condition.

The 24-year-old woman and her 22-month-old daughter were in stable condition at St. Joseph’s Hospital. The woman suffered a cut to the head and a knee injury, while her child suffered
superficial injuries.

The accident supposedly occurred at 7:44 p.m. on a stretch of road that has no sidewalk with the nearest street lights almost a block away.

According to police, the two women and their toddlers were hit by a 1999 Lincoln Continental as they crossed the street.

The front of the man’s car struck all four pedestrians. The man allegedly pulled over immediately and dialed 911.

The 25-year-old driver apparently did not see the pedestrians.

Tampa police allege the man was not speeding and had his headlights on. Blood was supposedly drawn from the driver at the scene as a matter of routine investigation.

The area where the tragic collision occurred is supposedly a known trouble spot. The accident has prompted the Tampa City Council to take action on what it can do to put in sidewalks.

The driver has supposedly received two speeding tickets within the past year, a seat belt violation and a conviction for failing to stop at a traffic sign or device, according to the Florida Department of Highway Safety and Motor Vehicles.

According to the Pedestrian and Bicycle Information Center, 4,092 lives were lost in pedestrian motor vehicle accidents in 2009. While the number of pedestrian deaths fell from 5,228 fatalities in 1998 to 4,092 in 2009, that number translates to almost 11 deaths every day of the year. According to the National Highway Traffic Safety Administration, in 2009 a pedestrian accident was reported every nine minutes on average, totaling 59,000 injuries.

Motorists must exercise reasonable care when behind the wheel of an automobile. A failure to do so is considered negligence. Driver negligence can occur due to several factors, the most common being:

• Inattentiveness
• Failure to follow posted speed limits
• Failure to yield the right of way to pedestrians
• Disobeying traffic signs or signals
• Failing to signal when executing a turn
• Paying no mind to traffic and weather conditions
• Driving under the influence of drugs or alcohol

A person suffering injuries from a pedestrian accident may be able to recover damages for past and future medical expenses, wage loss and pain and suffering. If the driver exercised extreme negligence, then punitive damages may also be sought. If a pedestrian dies, family members are entitled to recover compensation for their loss.

Despite how obvious a pedestrian accident was a driver’s fault, insurance companies almost always try to blame at least part of the fault on an injured party. For this reason, it is critical to act promptly and contact a Florida Pedestrian Accident Attorney so that crucial evidence can be preserved and that you and your family’s rights remain protected.

October 27, 2011

Tampa, FL Back-Over Accident & Injury Attorneys Whittel & Melton :: Young Girl Backed Over By Minivan Taken to Hospital

by Whittel & Melton, LLC

A one-year-old girl was taken to Tampa General Hospital Tuesday afternoon to be checked for injuries after she was trampled over by a minivan.

The 22-month-old child was supposedly standing on the porch of a Tampa, Florida home when the driver, a 28-year-old woman, got into her Chrysler minivan around 2:30 p.m.

Shortly after entering her van, the woman allegedly backed away from her home without noticing the child had toddled behind the vehicle.

The girl had no visible injuries, but was taken to the hospital to be checked out. She was supposedly alert and crying.

Investigators have preliminarily ruled the incident as an accident, according to the St. Petersburg Times.

In most back-over accidents the victims tend to be the elderly and young children. According to KidsAndCars.org, in the United States at least 50 children a week are involved in a back-over accident, 48 are treated for injuries in an emergency room and at least two are fatally injured. The National Highway Traffic Safety Administration evaluates that 292 deaths occur from back-over accidents yearly. Children less than five years old make up more than a third of those lives lost. More than one in four of back-over fatalities include those over 69. These two groups comprise almost a third of back-over fatalities.

Back-over accidents can cause serious injuries and even wrongful death. According to a study conducted by the Centers for Disease Control the percentages of the most common injuries from back-over accidents include:

• Contusions and Abrasions – 56%
• Leg and Arm Injuries – 53.6%
• Head, Face and Neck Injuries – 28%
• Fractures and Internal Injuries in Children Under 4 – 39.5%
• Fractures and Internal Injuries in Ages 10-14 – 17.5%

Collisions like back-over accidents can be highly emotional for families since a wide percentage of victims are children, and in many cases the driver is a relative, family friend or neighbor. According to the Insurance Institute for Highway Safety, 86 percent of drivers that hit children in a driveway back-over accident are friends of the family or family members. The Florida Back-Over Accident & Injury Attorneys at Whittel & Melton know that back-over accidents can be traumatic for everyone involved. Our staff can offer you and your loved ones the compassion you need during troubled times as well as the comprehensive legal advice and persistent representation needed for a personal injury or wrongful death case in the state of Florida.

October 2, 2011

Tampa, FL Car Accident & Injury Lawyers Whittel & Melton :: Angry Driver Unleashes a Bad Case of Road Rage During Afternoon Rush Hour

by Whittel & Melton, LLC

A 54-year-old Tampa, Florida man is accused of partaking in some angry and aggressive driving after work on Monday afternoon.

According to reports, the man decided to take matters into his own hands because he was upset about “getting run off the road.”
According to WTSP.com, the man rammed a marked Tampa Airport Police cruiser before leading additional officers trailing him on a 3 and half mile chase in his 2007 Ford Mustang. Police reports allege the man hit at least five other motorists intentionally along the way.

When the man finally stopped his car, he supposedly climbed on top of his Mustang and began jumping from car to car, and then attempted to direct traffic.

Streams of phone calls were made by victims and witnesses to 911.

Tampa Police finally caught the man around 7:30 p.m. He allegedly stabbed an officer with his car keys before he was taken down.

The man was charged with two counts of aggravated battery on a law enforcement officer, obstructing an officer with violence and 16 counts aggravated battery with a deadly weapon for each time he slammed his car into someone else’s vehicle.

It was not reported whether anyone was seriously injured during the incident.

The man was taken to Falkenburg Road Jail with bail set at $142,500.

Road rage can result in more than just property damage and personal injury. It can lead to all kinds of problematic situations, and even end with criminal implications. While the man in this case was arrested on criminal charges, any victims suffering injuries from his intentional aggression on the road have the option of further pursuing their injury claim in civil court to recover punitive damages. Punitive damages can be sought as a means to punish the wrongdoer when his or her actions demonstrate a willful wrongdoing despite possible penalties.

Unfortunately, road rage is an all too common problem throughout the United States. Many drivers take out their stress, anxiety and anger on other drivers without realizing the danger they pose to other motorists. In a study conducted by the AAA Foundation for Traffic Safety, it was found that more than 1,500 people are injured or killed every year as a result of road rage or aggressive driving. Dangerous driving is indeed a form of negligent or reckless behavior, which is unacceptable under any circumstances. Those who are careless of others safety on the roadways must be held accountable. If you have suffered injuries due to an accident involving road rage, you can count on the Florida Car Accident & Injury Lawyers at Whittel & Melton to be on your side and fight for what you rightfully deserve.

Road rage accidents can often take drivers by surprise, but there are ways to tell if road rage played a part in your wreck. Noticeable signs of aggressive driving include obscene gestures, flashing headlights, deliberate destruction of other cars and verbal or physical abuse. If you noticed any of these signs in your accident, or if evidence points to aggressive driving, you may have grounds for a personal injury claim.

April 22, 2011

Gainesville, FL Personal Injury Lawyer :: Baby in Serious Condition Following Single-Vehicle Alachua County Accident

by Whittel & Melton, LLC

A 22-year-old woman from Putnam County, Florida and a baby were transported to Shands Hospital, at the University of Florida, Tuesday night following an accident that appears to be caused by the woman allegedly drifting off the road. The woman’s injuries have been listed as critical and the baby’s as serious.

According to the Gainesville Sun, the woman’s 1999 Ford Escort allegedly glided off the road at 7:57 p.m., hit a culvert and went airborne, overturning and landing on the roof. The two had to be cut out of the vehicle and a small fire was put out.

The woman was supposedly wearing her seat belt and the baby was confined in a child seat.
FHP is still investigating what caused the car to swerve off the road. Many times, this type of single car accident is caused by an unknown or “phantom” driver. If such an accident occurs, an injured party can make an insurance claim on their own “Under or Uninsured Motorist” Policy. This extra insurance protection provides an avenue of financial relief when it is unknown who causes an accident.

The National Highway Traffic Safety Administration (NHTSA) reported the leading cause of death for children 3 to 14 years old is motor vehicle accidents. In 2009, 179,000 sustained injuries in car crashes and 1,314 children ages 14 and younger were killed. Over course of 2009, Florida had 70 children age 14 or younger die in roadway accidents.

Wearing safety belts or using child seats, like the woman and infant in this accident, have been proven to reduce the risk of fatalities in vehicle accidents to infants by 71 percent and 54 percent for toddlers. In 2009, there were 5,366 children age 14 and younger involved in deadly passenger vehicle accidents in the United States. Statistics show that 46 percent of children who received lethal injuries were not restrained by a child seat or belt. Of those who sustained fatal injuries, 46% were unrestrained.

The NHTSA estimates that 9,310 children riding as a passenger in a vehicle have avoided fatal injuries by using child safety seats or seat belts over the last 3 decades. Following their simple suggestions could save your child’s life. For an infant, use a rear-facing car seat with a protective harness to reduce trauma on their delicate body. For a child between the ages of 1 to 3 years old, use a car seat that faces forward because the harness thwarts forward movements if a crash occurs. A child aged 4 to 7 should use a booster seat to assist with fitting into an adult seat belt. A child between the ages of 8 and 12 should always use a properly fitting seat belt, as should all other passengers and drivers.

March 23, 2011

Bronson, Florida Auto Accident Injury Attorney :: Levy County, FL Teen Injured in Three-Car Collision

by Whittel & Melton, LLC

The Florida Highway Patrol is investigating a Bronson, Florida pile-up critically injuring an Archer, FL teenager. According to the Levy County Journal, a 1999 Saturn driven by a Bronson man was stopped attempting to turn left at an intersection. A 2004 Ford pick-up truck driven by a 51-year-old Archer man rear-ended the Saturn causing severe damage to the back of the car leaving a back seat passenger with life threatening injuries.

After the pick-up smashed into the Saturn, a 26-year-old Archer woman driving a 2004 Honda traveling behind the Ford slammed into the rear of the pick-up truck.

The driver and front seat passenger of the Saturn allegedly suffered minor injuries. The other drivers according to the report did not sustain injuries. The teen was taken to Shands Hospital in Gainesville with grave injuries.

FHP from the Gainesville and Cross City Districts are continuing their investigation of the crash.

In 2007 the Florida Department of Transportation reported that vehicle accidents caused approximately 212,000 injuries resulting in 3,221 deaths. Car crashes are the most common form of automobile accidents in Florida and one of the top sources of personal injuries in the country. A car accident can be upsetting to the injured and their family, causing not only relentless physical and emotional damage, but financial difficulty also.

Depending on the seriousness of the injury, the National Safety Council reported that the standard cost of motor vehicle accident injury ranges from $24,400 to $62,500. These numbers include medical bills, lost wages from being out of work, loss of prospective salaries, and costs to repair or replace your vehicle. Many times insurance companies will want to arrange small financial settlements that will not cover past, present and future needs from the sustained injuries. If the teen in this story were to die from injuries from the accident this would be called wrongful death and his family could file a claim to compensate for medical bills, funeral and burial expenses, lost wages, pain and suffering and loss of the teen’s company and companionship. After FHP concludes their investigation it will be known if one or all parties can be held liable for the teen’s injuries.

February 25, 2011

Levy County, Florida Auto Injury Attorney :: Car Crash Leaves Two Teens Badly Injured

by Whittel & Melton, LLC

Two teenagers were seriously injured when a van carrying six teens ran a stop sign and crashed into a car carrying two teens in Levy County on Feb. 17.

Three of the passengers from the 2000 Plymouth van were wearing seatbelts and suffered minor injuries, according to The Florida Highway Patrol. Two passengers in the van were allegedly not wearing seatbelts and suffered serious bodily injuries. All five of the passengers as well as the driver were taken to Shands at the University of Florida in Gainesville.

The other car involved in the collision was a 1999 Acura sedan. According to FHP, the driver and the passenger of the vehicle were taken to North Florida Regional Medical Center and suffered relatively minor injuries.

A trooper at the scene said that when the van ran through the stop sign, the right side of the van was hit by the front of the sedan. The van then spun off the road and the back of the van hit a corner fence post.

It is believed that the impact from the crash flung one of the passengers in the van not wearing a seatbelt through the back window of the van.

The driver of the van was cited for running a stop sign and driving with a passenger under the age of 18 not wearing a seatbelt, according to the Gainesville Sun.

Auto accidents are the most common cause of personal injury claims throughout the U.S. They are also the leading cause of death for all ages between 3 through 34, according to a 2006 analysis. In any investigation into cases like this, claims could be made by not only the driver and the passengers of the sedan allegedly not at fault, but also by all of the passengers in the at-fault vehicle. This accident may involve multiple insurance policies and an experienced insurance lawyer will be needed to enforce all of the rights of the injured against those policies.

December 2, 2010

What to do if you are in a car accident:: Spring Hill and Brooksville Auto Accident Lawyer Jason Melton Discusses Top Things to Remember if Injured in a Florida Car Crash

by Whittel & Melton, LLC

Whittel & Melton’s personal Injury law practice, (based in Hernando County, but practicing daily in Pasco, Pinellas, Hillsborough, Sumter, Lake, Marion, Orange and Alachua Counties), has taught us the unfortunate lesson to be very weary of other drivers during the holiday season.

Historically, we have seen the very worst of the driving public during this time and wanted to let the community know what steps we recommend taking immediately following an auto accident where someone may be injured. As an example, NHTSA (National Highway Traffic Safety Administration) has published studies showing from 2001-2005, there was an average of 36 deaths that occurred per day on America’s roadways as a result of an alcohol impaired driver or DUI. During Christmas, this horrific number actually goes up to 45 per day and jumps even higher during the New Year’s holiday, to 54 deaths per day.

If you have been in an auto accident in Tampa, St. Petersburg, Dade City, New Port Richey, Spring Hill, Brooksville, Bushnell, Tavares, Orlando, The Villages, Ocala, Inverness, Crystal River, Gainesville or anywhere in Florida – taking the following steps will hopefully make a potentially scary and stressful situation something you can move forward from and not be taken advantage of. The worst part of being the victim of any car accident in Florida is when the Auto Insurance companies continue to victimize youby treating you as if you were looking to have such a problem in your life. Don’t be victim twice – read the below steps and let us know what we can do to help – 352-666-6666.

Whittel & Melton, LLC – Florida Personal Injury Lawyers
Step 1 – No matter who is at fault for the accident, call 9-1-1 and ask for assistance from law enforcement. This is a very important for several reasons. First, you will later want the best and most accurate record of the details of the accident from an unbiased source and FHP, Sheriff or local police department will hopefully complete some type of Florida Crash Report. Second, should there be any hurt feelings or bad attitudes at the scene, a law enforcement official can help keep the peace. Most importantly however, after a crash, your body is rushed with adrenaline and emotion and you really are the last person to make the assessment as to whether or not you need medical care – let someone else decide this – like EMS.

If for some reason, law enforcement does not appear at the crash scene and you are injured, find your own transportation to the hospital. Too often we have clients who needed immediate care, but waited for an ambulance that never appeared. Your health is the highest priority – get yourself to the hospital if needed.

Step 2 – To the extent physically possible, exchange as much information as possible with all other vehicles and any witnesses. Too often, very important eyewitness accounts are lost due to folks not taking appropriate notes.

Step 3 – Take Pictures. Unfortunately no matter how many witnesses or law enforcement reports, Insurance companies love to play devil’s advocate and suggest that somehow they are unable to do their job due to incomplete information. Like anything else, pictures are sometimes unavoidable versions of the truth. When applicable, you should not only take pictures of the accident scene, the vehicles involved, the local scenery around the accident, but also the actual injuries of those involved. Please keep a disposable camera in your vehicle for such an occasion. iPhones and Blackberry phones capable of taking pictures and/or video and emailing the contents are great options, too.

Step 4 – Contact your insurance company and report the accident. You do not need to get into details about the accident, whether or not you’re are hurt or whether or not you are seeing a doctor. Simply call your insurance company and report that the accident occurred, that you were involved, give them the Florida Crash report information or the other drivers information if you have it—and the simply let them know that your attorney will be in contact with them in the near future. This is important because you have contractual obligation to report the accident to your insurance company. Once you have reported the accident, our office can direct any future communication regarding the specifics involved in your case. Do not sign any documents or give any kind or recorded or unrecorded statements about the events of the accident without speaking to one of the personal injury lawyers at Whittel & Melton first.

Step 5 – Be sure that you have a medical doctor that you can see after any emergency care that you have been given. Too frequently our office hears from individuals who were injured in automobile accidents and state that they went to the emergency room and were told that they were fine and did not follow up with any physician—only to learn they had injuries which required surgery. What many folks don’t understand is that the doctors at the ER, although highly trained and very intelligent, are required to treat people to avoid tragic outcomes, like death and dismemberment. These emergency doctors are not well equipped to deal with pain and the necessary first steps of treating serious, although not life threatening, injuries. If you do not have a doctor you are comfortable seeing for your injuries, our staff would be happy to provide you some names of very component medical help in our community.

Step 6 – Of course, we need to see you as soon as possible. The fact of the matter is you could skip the first 5 steps and we could still help you, but the further along the way you are on steps 1-5, step 6, coming to see the auto injury attorneys at Whittel & Melton, will allow us to help you better.

November 19, 2010

Girl dies in Ocala car accident; no seat belt or car seat

by Whittel & Melton, LLC

The Ocala Star Banner is reporting the tragic story of a little girl who was not restrained in a car seat and died in a car accident on her way to day care on Wednesday.

Florida Highway Patrol officials say the crash investigation is ongoing, but initial reports indicate that the Toyota Corolla that the child was in was heading south on U.S. 441 and entered into the left turn lane to turn into Living Waters Worship Center. The car allegedly made the turn and went into the path of a black Hyundai minivan heading north.

The driver of the van could not avoid the crash and struck the passenger side of the Toyota. Troopers say the minivan overturned on its passenger side in the grass on the east shoulder, while the car rotated and stopped at the church entrance.
Officials said the child was unrestrained and there was no car seat or booster seat in the vehicle.

An off-duty Marion County firefighter arrived at the crash scene, along with two unidentified firefighters and a sheriff’s deputy to assist with the crash. Firefighters and the deputy removed the child from the car and performed mouth-to-mouth resuscitation while the other two firefighters did chest compressions. She was later taken to Shands for treatment.

The Corolla driver was cited for failure to yield the rights of way, a traffic infraction. While this is not a criminal citation, as a former prosecutor I can tell you that these cases are taken very seriously by the State Attorney’s Office. These were some of the hardest cases to handle since it is hard to explain to family members that even though their loved one had died, there was no jail time available for the defendant who caused the crash. It is an accident and the Florida Criminal Statutes don’t punish people for accidental conduct, it punishes those who intentionally break the law. Also called traffic fatalities, these cases can subject the driver to driver’s license suspensions and large fines.

Here could also be civil liability for this case for wrongful death and negligence. This is a sad lesson on how even short trips to the grocery store or day care can be devastating if seatbelts and car seats aren’t utilized.

July 26, 2010

Florida ATV Injury Lawyer Jason Melton discusses Hernando County ATV Crash that Kills One and Injures Seven

by Whittel & Melton, LLC

In a tragic turn of events, just west of the Sumter – Hernando County line near US Hwy 301, one person is dead and seven are injured. As reported by the Hernando Today, the driver of an all-terrain vehicle crashed into an SUV just prior to 10:30 p.m. this past Saturday evening.

ATV accidents are unfortunately an area that Florida Personal Injury lawyers are all to familiar with, as often times, accidents involving ATV’s involve major injuries and often times death.

Due to the limited safety apparatus’ involved in the use of ATV’s and quite simply, the relatively minor age of the drivers, mistakes are compounded and injuries are far more severe than auto accidents.

Generally speaking, ATV’s can be covered by one’s existing auto insurance coverage. However, it is not uncommon for an Auto Insurance Carrier to create exclusions in their standard auto insurance policy for accidents just like this.

Should the passengers of the SUV be looking for insurance monies to cover medical bills, it is a bit more complicated. The SUV was carrying six (6) passengers. In an accident like this, it will be important for the injured persons of the SUV to look not only to the insurance policy, if any, of the ATV, but also if there exists any Under-Insured or Un-Insured Motorists (UM) Coverage by the driver of the SUV and lastly if the passenger themselves (or parents in some cases) have UM coverage.