Florida

February 24, 2016

Fitness Tracker Data Used in Court Cases

by Whittel & Melton, LLC

Fitness tracker evidence has begun to make an appearance in personal injury claims. Fitness trackers, like Fitbit, Garmin, and Jawbone are widely popular as an aid to help with exercise regimens. Along with the popularity among consumers, they have also come to the attention of the legal industry and insurance companies to uncover health data to use as evidence in accident injury cases, and even criminal cases, too.

Most people use their fitness trackers to monitor and record their activity levels throughout the day or while working out. These gadgets give a documented record of the level of activity and endurance of an individual and may also record heart rates, sleep patterns and other health data.

The first court case using fitness tracker evidence in a personal injury claim took place in 2014. The Canadian case used evidence from a fitness tracker to show that the plaintiff, who had previously been a personal trainer, had substantially lower activity levels than would be expected for someone their age and profession. An analytics company used the data from the fitness tracker to compare it to the general population in determining that the plaintiff’s activity levels were below average. The fitness tracker was supplied as evidence to show that the plaintiff deserved financial compensation for their accident injury.

While this case shows that fitness trackers can prove useful in injury claims, it is important to note that they can also be used by insurance companies to deny claims and can even be self-incriminating in other types of cases.

In March 2015 a Pennsylvania woman’s fitness tracker was used against her in a criminal case. Her story was proven to be false as her fitness tracker results were used against her and she was charged with filing a false report.

The idea of using fitness tracker technology is pretty new for courts to consider and could make an impact in a personal injury claim, potentially good or bad. In general, the extent of a plaintiff’s physical injury is quantified through medical records. This is why it is so important to seek medical attention immediately if you have been injured in any type of accident that was not your fault so that you have a record of your injury, treatment, and any ongoing problems associated with the injury.

February 17, 2016

Florida Fatal Hit-And-Run Collisions At All Time High

by Whittel & Melton, LLC

Florida Highway Patrol officials are frustrated with the more than 92,000 hit-and-run crashes investigated last year across the state.

These crashes — up by nearly 7,500 from 2014 — are an increasing problem.

Troopers are hoping to put a stop to these collisions with their annual week-long hit-and-run awareness campaign.

FHP kicked off its annual awareness campaign at a Monday news conference, which highlighted Florida’s hit-and-run laws and how hard families of victims are fighting for closure.

According to troopers, 186 people died last year in Florida hit-and-run crashes.

FHP investigated 92,623 hit-and-runs last year, up from the 85,155 in 2014.

Hit-and-run accidents can have devastating effects on their victims. Unlike other car accidents, hit-and-run collisions present unique challenges. In many cases, the driver and vehicle cannot be located. In other cases, the reason the driver fled the scene to begin with is because they were intoxicated or did not have automobile insurance, leaving the victims unable to recover damages from the responsible parties.

Hit-and-run car accidents require special knowledge of Florida’s Uninsured Motorist Insurance laws, laws regarding bad faith claims denials, as well as insurance bad faith litigation, since it is more than likely that you will be going up against your own uninsured motorist insurance policy. At Whittel & Melton, our Florida Auto Accident Lawyers are familiar with all aspects of Florida hit-and-run claims and we will fight to get you the maximum recovery for your losses.

February 3, 2016

Determining Fault in an Uber or Lyft Crash

by Whittel & Melton, LLC

Ride-sharing services like Uber and Lyft have made getting around town a whole lot easier and are just as safe as taking a cab or driving yourself, for the most part. It is pretty incredible how technology has made it so that in just a few taps on your smartphone you have door-to-door service and are on your way to your final destination.

However, what happens if while en route to your end spot there is an accident? If you are injured in a crash with an Uber driver or while riding in a Lyft, who is responsible?

If you are a passenger in an Uber or Lyft, your injuries will likely be covered by the company’s insurance. A general rule is that employers are liable for their employees’ accidents. Despite disagreements about whether Uber drivers are technically employees or not, ride-sharing companies will remit their drivers if they get into an accident while driving a customer.

If you happen to be driving another car, or are a pedestrian hit by an Uber or Lyft driver, establishing fault could get a little tricky. Even though ride-share companies cover drivers when they are working, figuring out what classifies as drivers being on the clock is a bit complex.

Let’s say Susie is a Lyft driver and is involved in a crash and did not have a rider in her car at that time, but was on her way to pick one up. If the ride-share driver is not covered under the company’s insurance policy,establishing liability in a collision will be just like any other car accident.

In that case, it is best to gather as much evidence related to the accident and your injuries as possible to support your claim. If it can be determined that the accident was the ride-share driver’s fault, then they will likely be liable. Most ride-share companies require their drivers to carry their own insurance policies for when instances like these arise.

December 30, 2015

Hoverboards Huge Safety Concern in South Florida

by Whittel & Melton, LLC

Hoverboards, the popular gift of 2015 has been causing injuries all across South Florida this holiday season.

Hospitals in Broward, Miami-Dade and Palm Beach counties have seen at least 40 visits due to hoverboards. Injuries included broken and fractured wrists, as well as concussions.

Earlier this month, the scooters made headlines after reports of some catching fire. In one Boca Raton case, a woman told police her 11-year-old daughter was playing on the board when it started making popping sounds. It was on fire moments after the child jumped off, according to a report.

The U.S. Consumer Product Safety Commission has said it is investigating the fire hazard posed by the toy.

In most of the local cases, though, falls have been the number cause for injuries.

While some injuries have been more mild, others have been seriously harmed. A 10-year-old from the Hialeah area, had to be airlifted from Memorial Hospital Miramar to Joe DiMaggio Hospital in Hollywood for emergency surgery when his fall left his bone poking out from his skin – an open fracture.

The Hoverboard reportedly stalled as he was riding to his friend’s house and he fell.

The boy is expected to recover within three months.

The Hoverboard, a self-balancing electric scooter, was named the hottest holiday gift for 2015. In fact, to prove its popularity, on Cyber Monday one was sold every 12 seconds. Even though this gadget is a big hit among kids and adults, hoverboards have come under scrutiny due to serious safety concerns.

The U.S. National Association of State Fire Marshals and the National Trading Standards in the United Kingdom have both issued warnings to consumers that Hoverboards could potentially overheat, explode, or catch fire, mainly due to faulty charging mechanisms.

December 21, 2015

Don’t Become a Victim of Holiday Injuries & Decorating Disasters

by Whittel & Melton, LLC

The United States Consumer Product Safety Commission is responsible for protecting the public from unreasonable risks of injury or death associated with consumer products. They have compiled some pretty surprising data on holiday decorating injuries, so if you find yourself in the hospital emergency room from a holiday decorating injury this year, you will certainly not be alone.

Last Year’s Stats

According to the CPSC, during November and December 2014, there were 12 fatalities and 145,000 injuries treated in hospital emergency rooms all related to some type of holiday decorating fiasco. This equates to an average of 240 injuries per day during the holiday season!

The consumer protection organization said the top reasons for injuries were falls, lacerations, back strains, and ingestion of foreign objects. The CPSC suggests following the tips below to avoid decorating disasters.

Exercise extreme caution on ladders. The CPSC says that 36 percent of holiday decorating injuries are the result of falls, and half of those are falls from ladders.
Check live Christmas trees for freshness. Keep them away from heat sources. Make sure to keep trees watered.
The CPSC suggests buying fire resistant artificial trees. Not as fun, but much safer.
Keep lit candles away from trees. Also keep candles away from wreaths, curtains and furniture.
Examine Christmas light sets for damage. Discard all sets with cracked or broken sockets, frayed or exposed wires, and loose connections. It is recommended to buy lights that show markings of a safety testing laboratory. Fires from holiday lights caused ten deaths last year.
Keep small decorations away from children. Tiny decorations are huge choking hazards.
Avoid decorating with sharp, weighted, or breakable decorations. Lacerations were the top-reported decorating-related injuries last year!

Consult With A Florida Injury Lawyer

December 15, 2015

Motorcyclist Killed in Volusia County Crash on SR-415

by Whittel & Melton, LLC

A 63-year-old motorcyclist was killed in Volusia County on Monday afternoon after a pickup truck pulled in front of him, ejecting him from his bike.

According to troopers, the Georgia man was traveling north on State Road 415 at about 1:20 p.m. when a 2005 Ford pickup pulled out from Lemon Bluff Road and into his path.

He was taken to Central Florida Regional Hospital in Sanford, but passed away a short time later.

The driver of the pickup was not injured.

Charges are pending, according to reports.

Everyone on Florida roadways are required by law to operate safely and share the road with all vehicles – this includes motorcycles. When carelessness, recklessness or negligence results in an accident, you have the legal right to seek compensation for medical bills, lost wages, pain and suffering, and even wrongful death.

Most motorcycle accidents result in serious injuries, including the following:

Broken bones and fractures
Soft tissue damage
Whiplash injuries
Traumatic Brain Injuries
Spinal cord damage
Nerve damage
Road rash and burns
Scarring
Amputation
Lacerations
Joint damage and loss of movement

December 8, 2015

Caitlyn Jenner Sued Over Fatal Malibu Collision

by Whittel & Melton, LLC

A family who says they have suffered serious injuries in a fatal traffic collision involving Caitlyn Jenner earlier this year sued Jenner on Friday.

The Malibu family sued Jenner in Los Angeles Superior Court for negligence in the February crash, which killed one woman after Jenner rear-ended her car and pushed it into oncoming traffic on the Pacific Coast Highway.

The woman died when a sport utility vehicle driven by a Malibu man struck her car head-on. The lawsuit states the four members of the Malibu man’s family and another occupant of their vehicle sustained serious injuries in the crash.

The Malibu man suffered serious wrist injuries and his 1-month-old son was unresponsive after the accident, according to the lawsuit. The man’s wife also sustained blunt-force injuries and requires ongoing treatment, the suit states.

Sheriff’s investigators determined that Jenner was traveling at an unsafe speed for the traffic conditions.

Prosecutors declined to file a vehicular manslaughter charge against the 66-year-old Jenner, who was born as Bruce Jenner. The accident took place before Jenner announced that she is transgender and transitioned into her new identity as Caitlyn.

After the accident, Jenner released a statement expressing sympathy to those involved in the accident.

“It is a devastating tragedy,” the statement read. “I cannot pretend to imagine what this family is going through at this time. I am praying for them.”

Jenner is also facing separate lawsuits by the deceased woman’s family and the driver of another car involved in the collision.

Most auto accident lawsuits are based on negligence, which essentially means the other party failed to exercise a reasonable standard of care while operating a vehicle. A preliminary investigation by your insurance company and your injury lawyer can help demonstrate that the other party acted negligently or violated traffic laws. In order to be successful in a negligence lawsuit, the injury victim or victims must prove that the defendant failed to meet this standard of care, this negligence in turn caused the accident, and the breach of this duty resulted in you or your loved one’s injuries.

December 2, 2015

December is National Drunk & Drugged Driving Prevention Month

by Whittel & Melton, LLC

December is a month filled with holiday cheer, time with family and all kinds of celebrations. The unfortunate truth is that many people celebrate to excess, and choose to get behind the wheel of a car when drunk or impaired by drugs. To raise awareness of the dangers of driving while impaired, December is recognized as National Drunk and Drugged Driving Prevention Month.

Drunk Driving Is Dangerous

According to a 2012 study conducted over a 20-month period by the National Highway Traffic Safety Administration:

Drivers with an alcohol level of 0.08 were four times as likely to be in an accident as a sober driver.
Drivers with an alcohol level of 0.15 percent were 12 times as likely to be in an accident as a sober driver.

Other drunk driving statistics from the NHTSA show the following trends:

More than 10,000 people lost their lives in drunk driving crashes in 2013. This equates to approximately one life lost every 52 minutes that year.
Drunk drivers caused 31 percent of fatal car crashes in 2013.

Even after just one drink, alcohol begins to suppress a driver’s reaction time and ability to control their actions and thoughts. As the amount of alcohol in the bloodstream increases, a driver’s ability to concentrate decreases and motor skills become more impaired.

Drugged Driving Is Just As Dangerous As Drunk Driving

Drugged driving is driving a motor vehicle while under the influence of an illegal substance, prescription drug, or over-the-counter medication.

Many prescription and OTC medications come with warnings about driving while taking the medication because they can often cause drowsiness or impairment. Drivers must pay attention to these warnings.

On the other hand, illegal substances like marijuana, cocaine, heroin, and ecstasy can cause severe impairment. Some drugs can cause extreme highs and erratic behavior, which can increase the risk of speeding, swerving in traffic, and ultimately result in reckless driving. Some drugs may cause euphoria and dulled senses, which can result in slower reaction times, an impaired sense of reality, and the complete inability to control a vehicle.

Drive Sober This Holiday Season

Our Florida Injury Lawyers at Whittel & Melton would like to remind everyone to please drink responsibly and be aware of your medications’ warnings when driving. Even responsible, sober drivers are affected when other motorists choose to drink or use drugs and drive.

December 1, 2015

Highway Death Toll Up 8.1% This Year

by Whittel & Melton, LLC

The death toll on U.S. highways rose 8.1 percent in the first half of 2015.

According to new figures from the Transportation Department, low fuel prices have contributed to a jump in miles driven by Americans.

The preliminary figures represent a “troubling departure” from a general downward trend over the past decade, the National Highway Traffic Safety Administration said in a report released Tuesday.

In 2014, the fatality rate hit an all-time low.

Americans drove about 51.9 billion miles more in the first half of 2015 than the same period last year, which equates to about a 3.5 percent increase, according to the NHTSA. Job growth and low fuel prices also may be factors in the sudden, unexpected surge in highway fatalities, the agency said. There was also more leisure travel and driving by young people, which can contribute to higher fatality rates.

The sad news is that the death rate also increased. Fatalities per million vehicle-miles driven rose in the first half of 2015 was 1.06 percent, or 4.4 percent higher than the same period in 2014.

In final figures for 2014, 32,675 people died in U.S. motor-vehicle crashes, a 0.1 percent decline from 2013. The fatality rate declined to 1.07 deaths per million vehicle-miles traveled, which was a record low for a complete year.

States in the Southeast — Florida, Alabama, Georgia, South Carolina and Tennessee — saw a 15 percent increase in fatalities. The second highest increase, 11 percent, was recorded in a group of Western states: Montana, Idaho, Oregon and Washington. California and Arizona saw no increase in fatalities, and the New England region saw an increase of 1 percent.

The biggest factors in traffic fatalities remain the lack of seatbelt use and drunk driving, according to reports. Nearly half of all people killed in road crashes do not wear seat belts, and one-third of all fatalities are in crashes involve intoxicated drivers.

Distracted driving accounted for 3,179 deaths in 2014, about 10 percent of the total. Drowsy driving was involved in 2.6 percent of the fatalities.

States without mandatory motorcycle helmet laws saw a “far higher” number of fatalities than states with mandatory helmet laws, according to reports. There were 1,565 motorcycle deaths in 2014.

Bicyclist deaths declined by 2.3 percent, but pedestrian deaths rose by 3.1 percent from the previous year. In 2014, there were 726 cyclists and 4,884 pedestrians killed in motor vehicle crashes.

November 23, 2015

Be Safe in the Kitchen This Thanksgiving

by Whittel & Melton, LLC

If you are like most Americans, you will likely be spending numerous hours in the kitchen over the Thanksgiving holiday. Unfortunately, that increased activity also leads to more chances of residential home fires, according to data from the National Fire Protection Association. According to reports, the Thanksgiving holiday sees three times the nation’s daily average in emergency fire accidents. Research shows that fires originating in the kitchen are the top reason for home fires and burn injuries. Last year, fire departments throughout the country replied to a median of almost 156,000 fires resulting from cooking mishaps, which led to 390 deaths and 4,800 injuries, not to mention a whopping $771 million in property damages.

Keeping all this in mind, please follow a few simple fire prevention safety steps this Thanksgiving holiday when you and your family are in the kitchen:

Keep items away from the stove or oven that may catch fire, including cloth mitts, wood items, and any kind of packaging. Other potential fire hazards to watch out for are rags or towels, aprons, clothes, and even drapes.
Never leave the stove or oven unattended, even if you are walking away for a few seconds. Turn the heat off whenever you leave the room. Many fires start because an oven or stove is left unsupervised for a very short amount of time.
Use timers to stay on top of cooking schedules and to avoid burning accidents that can result in fires.
If you do happen to start a small fire in a pan or oven, immediately cover it with a metal or glass lid and turn the heat off. If it does not extinguish after 30 seconds, call the fire department for immediate assistance.