Florida

June 11, 2013

Florida Boating Accident Injury Attorney :: Boat Crash near Elliott Key Sends 10 People to Hospital

by Whittel & Melton, LLC

Ten people were sent to the hospital Sunday after two boats collided near Elliott Key in Biscayne National Park.

The crash occurred about 6:30 p.m. Sunday when a 36-foot Carrera powerboat carrying about 16 people hit another boat carrying two people.

According to officials, the second boat sank. Authorities could not specify what kind of boat it was.

Fortunately, no one was killed.

One of the boaters was airlifted to Kendall Regional Medical Center. Nine others were also taken there.

The Carrera was towed to Black Point Marina in Cutler Bay.

Investigators are still trying to identify what caused the crash.

While most of the details surrounding this accident are unclear, it is important to point out that both boat captains could be liable for the injuries and property damage this collision caused. At this time, there have been no indications that alcohol was involved in the crash. According to The Florida Fish and Wildlife Conservation Commission, authorities did give a field sobriety test to both captains, however no blood testing was done to confirm whether either captain had been drinking while boating. If either boat captain was operating their vessel while intoxicated, which is illegal in the state of Florida just like driving under the influence, the drunken boat operator would likely be found negligent and held liable for any damages.

June 4, 2013

Florida College Hazing Death Lawyer :: Wrongful Death Lawsuit in Fatal Car Accident of Bethune-Cookman Hazing Victim

by Whittel & Melton, LLC

A wrongful death lawsuit has been filed claiming that Bethune-Cookman University failed to put a stop to fraternity hazing that ultimately resulted in the death of a sophomore student and Marching Wildcat band member.

The sophomore attending Bethune-Cookman University on a marching band scholarship died in February 2012 after the car he was riding in smashed into a utility pole in Daytona Beach.

In a lawsuit filed in Volusia County Circuit Court, the student’s mother alleges that hazing by members of her son’s fraternity led to sleep deprivation in not only her son, but the car’s driver and other pledges.

The lawsuit states that the car’s driver fell asleep, which is what led to the tragic collision. Everyone else riding in the car survived the crash.

According to the lawsuit, the university and the then-coordinator of Greek Life “had direct knowledge of previous hazing activities occurring in student groups affiliated with BCU, including (the) fraternity, and did little or nothing to discipline the activity, thus sending a message to students that the anti-hazing policy was not enforced by the university.”

The vice president who heads the department over students and student organizations did release this statement: “Bethune-Cookman University prides ourselves on having a zero tolerance on hazing and put mechanisms in place to ensure that doesn’t happen and if it does we address it to the fullest.”

University officials did say the fraternity is not associated with the marching band, however many band members belong to the group.

The lawsuit alleges that hazing took place both on and off campus, and required pledges to stay up all night to study fraternity history and facts.

According to reports, the night before the crash, the deceased and four other pledges stayed up until 4 a.m. memorizing fraternity facts “in fear of what would happen if they did not memorize accurately.”

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.

May 14, 2013

Florida Bus Accident Injury Attorney :: Teen Run Over by Bus in Broward County in Medically Induced Coma

by Whittel & Melton, LLC

A 14-year-old Pompano Beach teen that was run over by a Broward County public bus remains hospitalized in critical condition and is now in a medically induced coma.

The teen apparently suffered multiple fractures to the face, ribs and an ankle.

According to the Broward County Sheriff’s Office, the teenager was injured about 9 a.m. Friday as he ran for the bus near the 1200 block of East Sample Road.

A BSO spokeswoman said the teen ran ahead of his mother to hold the bus and jumped onto the side of the vehicle. Witnesses told investigators he held on for nearly a minute and then fell. He was run over by at least one of the bus wheels.

Passengers on board the bus told police that they screamed at the bus driver to stop as the boy’s arm became stuck in the door.

The incident is currently under investigation. However, the 55-year-old bus driver could face charges if investigators determine he acted criminally. The Margate bus driver has been placed on paid administrative leave pending the outcome of the investigation by BSO.

The bus driver has been employed behind the wheel for 12 years, during which he has been involved in two minor accidents, neither resulting in serious injury.

The first accident happened in September 2010, after the bus he was driving was struck by a car as he executed a right turn onto West Oakland Park Boulevard.

Then, in November 2012, the bus driver scraped the wheel well of another bus as he pulled into a bay at the central terminal on West Broward Boulevard.

Broward County’s Accident Review Board said both accidents were preventable.

While we don’t usually hear about bus accidents occurring in Florida every day, that doesn’t mean they don’t happen. Sadly, when these types of accidents do take place, victims are often seriously injured or even killed. The sheer size of these vehicles combined with speed can create serious bodily harm when an accident arises.

May 7, 2013

Florida Injury Lawyer :: Florida Girl Loses Legs in Lawnmower Accident

by Whittel & Melton, LLC

A 2-year-old Florida girl lost both feet last month after her father accidentally backed over her with his riding lawn mower.

The child was sitting on the lawn screaming and trying to get her father’s attention, but he was on a ride-able lawn mower and could not hear her over the roar of the engine. The child’s mother watched from a distance as her husband backed the lawn mower up and sliced the 2-year-old’s feet.

A neighbor, who is also a nurse, rushed to the scene and applied pressure to the child’s wounds while they waited for the emergency team to arrive.

The two-year-old was taken to the hospital where she underwent two surgeries. Both of her feet were amputated and she will eventually be outfitted with prosthetics.

Nearly a quarter of a million people are treated for injuries caused by lawn mowers every year, according to the American Academy of Orthopedic Surgeons. Lawn mowers are very sharp and can be quite dangerous, so anyone using them should always exercise extreme caution. Anyone using a lawn mower, or any other piece of outdoor equipment, should pay close attention to all safety guidelines in order to avoid injuring themselves and others that may cross their paths. A lawn mower is a serious piece of equipment that can deliver catastrophic injuries should an accident occur, so review the following reminders to keep you and your loved ones free from harm.

April 5, 2013

Florida Medical Malpractice Lawyer :: Wisdom Teeth Wrongful Death Lawsuit Settled Outside of Court

by Whittel & Melton, LLC

A medical malpractice case filed by the parents of a 17-year-old high school junior who passed away two days after being deprived of oxygen during a routine wisdom teeth surgery in Baltimore has been settled out of court.

The teen suffered severe brain injury during her surgery March 28, 2011. Shortly after she went into a coma and died 10 days later. According to an autopsy report, she died because of a lack of oxygen to her brain during the surgery.

Her parents filed a civil suit against the anesthesiologist, surgeon and medical practices involved in their daughter’s procedure. The suit alleged that they had shown negligence by failing to revive her after her heart rate slowed to a seriously dangerous level, limiting the flow of oxygen to her brain.

Both sides reached a settlement on March 28. The conditions and value of the settlement are not public. However, the suit included five counts claiming negligence and other medical failures, with more than $30,000 was in dispute for each count.

In order to prove medical malpractice in a wrongful death case, the victim’s family must demonstrate that the surgeon, doctor, other medical staff or the hospital was negligent in some way. When it comes to a surgery, this can include any careless or reckless act such as prescribing the wrong drug to a patient, failing to properly monitor a patient or not checking for any and all allergies a patient may have.

When a court must determine if a medical provider was negligent, they factor in generally accepted standards of care in that particular medical field. For this case, experts would likely be called on to testify about the various procedures oral surgeons undergo when removing wisdom teeth and if the surgeon in question actually met those standards of care. While the surgery to remove wisdom teeth is quite common and usually thought to be low-risk, there are always hazards anytime a surgery is performed. In certain situations, medical malpractice may not be to blame, and the cause could just be a freak accident.

April 1, 2013

Florida Amusement Park Injury Attorney :: Disabled Man Stuck on Disneyland Ride Awarded $8K in Damages

by Whittel & Melton, LLC

A federal judge awarded $8,000 to a quadriplegic man Friday who became stuck on Disneyland’s “It’s a Small World” ride for about 30 minutes after it broke down in 2009. The man and his wife sued Disney in 2011 following the incident on Nov. 27, 2009.

They claimed that Disney should have adequately warned visitors that the ride posed a unique risk of harm to disabled persons. The couple also noted in their suit that Disney should have been on notice regarding the ride since it had broken down twice earlier on that same day.

The wheelchair-bound man became stuck on the ride as it went through a cave called the “goodbye room.” The man said that as the ride stopped, he got stuck while other passengers were evacuated. He apparently requested for his boat to be moved slightly so that he could exit, but ultimately there was no way to evacuate him. The man said that being stuck in the ride was extremely dangerous to him because he suffers panic attacks and has dysreflexia, a condition that can elevate blood pressure to unsafe levels.

The man’s lawsuit alleged that Disney was at fault for continuing to operate the risky ride and failing to notify disabled persons that there was no way to evacuate should an emergency situation arise. The man claims had he been warned properly, he would not have gotten on the ride. The judge ultimately threw out many of the man’s claims, but did find Disney liable for premises liability.

In general, amusement park operators must keep their premises safe for guests. The judge felt that Disney failed to live up to its duty by operating the faulty ride and not providing the man with the appropriate information needed to make an informed decision on whether or not to get on the ride. The judge ruled that Disney “should have known that there was a likelihood of harm to a disabled person, as reflected in its own standards for that ride.” Continue reading

March 27, 2013

Florida Boating Injury Attorney :: Spring Break & Boating Accidents in Florida

by Whittel & Melton, LLC

With spring break still in effect, many residents of Florida and visitors alike are taking advantage of the tropical climate and getting out on the water. It is the perfect time to get away from school and work and take a break by cruising along the coastline for some fun and sun. However, be reminded that Florida continues to be the most dangerous state for boating accidents.

Unfortunately, every year Florida sees far more boating accidents than any other state in the country. In fact, according to the Florida Fish and Wildlife Conservation Commission, nearly 700 boating accidents were reported in Florida last year alone.
The state of California ranks second in boating accidents, and saw close to 400 maritime accidents last year.

Why do we see so many boating accidents every year? Keep in mind that Florida has more registered boats than any other state. The most recent statistics show that Florida had more than 914,000 registered vessels in 2010.

In 2011, Monroe County was cited as the most dangerous place for boating accidents, with more than 90 reported boating incidents. In that same year, Miami-Dade County had 74 boating accidents, Palm Beach County saw 58 watercraft incidents and Broward County reported 41 maritime accidents.

March 13, 2013

Florida Workplace Negligence Attorney :: Man Who Lost Penis in Industrial Accident Files Lawsuit Against Employer

by Whittel & Melton, LLC

Hillsborough County court records show that a Central Florida man whose penis and testicles were severed in an industrial accident several years ago has filed another negligence lawsuit, this time against his former employer.

The injured man first filed a suit in January 2011 against Future Foam Carpet Cushion and Baumer of America, the company that manufactured the “peeler” machine that caused the injury. However, the case was dismissed shortly after being filed.

Last month, the man filed another lawsuit suing Spartan Staffing, his former employer.

The man was injured Jan. 13, 2010 at Future Foam Carpet Cushion after he apparently removed a foam core from a machine that has a steel blade.

The man’s attorney claims he was not properly trained to operate the machine. Court records show that the steel blade sliced through the man’s pelvis, cutting off his penis and testicles.

Following the accident, Future Foam was cited for 10 serious violations by the Occupational Safety and Health Administration.

Under Florida law, most employers are required to carry workers’ compensation insurance coverage in case a worker becomes injured while on the job. Workers’ compensation benefits help to cover the costs of medical bills, lost wages and other expenses for injured workers. In order to receive these benefits the injured employee must demonstrate that he or she was harmed during the course of their employment. If the injury suffered is proven to be work-related, then the employee should be financially compensated for their injury.

While this process may seem straightforward, on the job injuries can be quite complex matters. These cases may involve multiple parties, including insurance providers, medical doctors, other employees and the Florida Division of Worker’s Compensation. Additionally, the laws governing these claims are ever-changing, which only makes it harder for injured workers to protect their claims.