Marion County

May 8, 2014

Florida Injury Lawyer :: New Regulations Could Be Placed on Parasailing Industry in Florida

by Whittel & Melton, LLC

For the first time ever, Florida Gov. Rick Scott has the opportunity to sign into law a bill imposing restrictions on how parasailing companies conduct their business. The new laws would require operators to carry $1 million of insurance per rider and would ban parasailing in sustained winds topping 20 mph or gusts reaching 25 mph.

According to a senate report, between 2001 and October of 2013, there have been 21 parasailing accidents in Florida that have resulted in 23 injuries and six deaths.

Of those that have lost loved ones is an Ocala woman who lost her youngest daughter to a parasailing accident in Pompano Beach in 2007. Her older daughter was left with brain damage.

The mother blames the tragedy on a void of regulation in the parasailing industry, something she hopes this new law will change.

The company that took the Ocala woman’s teenage daughters out parasailing apparently did not keep their equipment in good shape or watch out for inclement weather conditions.

Once the teens were out, the wind began to pick up and the girls asked to be let down, however the wench did not have enough strength to pull them down to safety. The decaying rope snapped, dragging the teens and the yellow parasail into the roof of a two-story home, and finally coming to rest in a tangled mess in a tree.

The daughter that suffered brain damage, now 24, continues to experience side effects from her injuries. She is now a massage therapist, but constant headaches make the physical work quite difficult. Her mother believes she suffers from Post-Traumatic Stress Disorder.

Many people flock to the beaches of Florida year-round to escape colder temperatures and enjoy some fun in the sun. Most tourists partake in many water adventures, parasailing being one of them, however, many of them fail to recognize the potential dangers involved. Parasailing should be an enjoyable time, but without proper safety measures in place, these types of accidents can lead to permanent and life-threatening injuries, including traumatic brain injuries, spinal cord trauma, back injuries, head injuries, paralysis, broken bones, death from falls and even drowning.

There are many careless acts of negligence that can result in parasailing accidents, including:

Equipment Failure – This can include malfunctions with the boat, harness, towline or sail
Improperly Trained Staff
Absence of Safety Measures
Unlicensed Company or Operator
Operator Negligence
Unsuitable Parasails
Staff Failing to Monitor Weather Conditions or Stay Updated on Alerts
Boat Operators Moving too Close to Other Boats and Structures
Staff Failing to Demonstrate Proper Safety Techniques to Passengers

January 28, 2014

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

by Whittel & Melton, LLC

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

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

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

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

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

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

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

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

January 18, 2013

Ocala Motorcycle Injury Lawyer :: Motorcyclist Injured in Dump Truck Collision

by Whittel & Melton, LLC

Kendrick, FL – A 22-year-old motorcyclist who crashed into a dump truck Tuesday morning is still in critical condition at Ocala Regional Medical Center.

The driver of the truck, a 57-year-old Summerfield man, was not injured.

According to Florida Highway Patrol troopers, the motorcyclist was heading north on Northwest Gainesville Road at about 6:40 a.m. on a 2012 Kawasaki Ninja ZX 10 when the dump truck, coming from the opposite direction, failed to see the motorcycle and executed a left-hand turn. The pair collided, and the bike became pinned under the driver’s side front wheel of the truck.

A blood sample was taken from the truck driver.

The crash is still under investigation.

Motorcycles are a lot smaller than trucks, so it can be more difficult to spot them on the roadways. But this does not mean that bikers do not have a right to be on streets and highways with other automobiles. Drivers of cars, trucks and SUVs must pay extra careful attention for motorcyclists, pedestrians and bicyclists who may be on or near the road. Unfortunately, because motorcycles are smaller than most automobiles, this generally means that riders suffer severe injuries or even death when involved in a traffic collision. The most common motorcycle accident injuries include head and neck injuries, broken bones, spinal cord trauma, traumatic brain injuries and death.

October 25, 2011

Levy – Alachua – Marion County Car Accident & Injury Attorneys Whittel & Melton :: Ocala Driver and Passenger Injured as a Result of Driver Fatigue

by Whittel & Melton, LLC

A 41-year-old Georgia woman riding shotgun in a 1982 Chevrolet pickup was critically injured in a single-vehicle crash in Levy County near Morriston, Florida early Saturday after the driver supposedly fell asleep at the wheel.

The driver, a 44-year-old Ocala man was seriously injured in the crash.

According to the Florida Highway Patrol, the pickup crossed southbound through traffic lanes, entered the grass shoulder, struck a concrete culvert and went airborne for approximately 64 feet before landing on its wheels.

The driver allegedly told troopers he dozed off before he lost control of the vehicle.

Neither party was wearing a seat belt, according to the crash report. They were both transported to Shands at the University of Florida in Gainesville.

FHP is further investigating the crash.

According to an AAA Foundation Study conducted in 2010, 41 percent of the population surveyed admitted to falling asleep behind the wheel at some point when operating a motor vehicle. This study was based on the results of a nationwide telephone survey of 2,000 drivers and the National Highway Transportation Safety Administration’s car accident facts over the past 10 years. Based on this information, the AAA Foundation found that a drowsy driver was the culprit of one out of every six fatal crashes and one out of eight collisions that result in serious injuries.

Driver fatigue can be caused by numerous factors other than not getting enough sleep at night, including:

• Prescription and over the counter medications with drowsiness as a side effect
• Consuming alcohol
• Sleep Disorders that are undiagnosed or untreated
• Driving Overnight
• Driving long distances without stopping for a rest

It is important to note that there are no measurable standards set in place to determine driver fatigue. The experienced Florida Car Accident & Injury Attorneys at Whittel & Melton can help gather evidence related to your accident to build a compelling case on your behalf. Depending on the facts related to your accident and injuries, you may be awarded compensation for medical bills, lost income and pain and suffering.

Drowsy driving is reckless driving and completely preventable. Sleep is a biological necessity for every human being and the ONLY cure for driver fatigue. The NHTSA estimates nearly 100,000 accidents each year are caused by fatigued drivers, resulting in approximately 1,550 fatalities, at least 40,000 injuries and an astounding $72.5 billion in financial losses. Drowsy driving accidents can have severe consequences for their victims, including disability and disfigurement, chronic pain, mental anguish, staggering medical bills and even wrongful death.

April 19, 2011

Ocala, Florida Workplace Accident Lawyer :: Ocala Man Dead After Being Crushed by Loader

by Whittel & Melton, LLC

A 56-year-old Marion County father of three was killed Friday after a front-end loader fell on him while working at Construction Tire & Industrial Supply in Ocala, Florida. The Ocala Police Department and Ocala Fire Rescue Officials were on the scene shortly before 9:30 a.m.

According to the Ocala Star Banner, other employees had used a forklift to lift the front of the loader off the victim before rescue crews arrived. The man was airlifted to Shands at the University of Florida in Gainesville in critical condition. He was reported dead by Ocala Police officials around 1 p.m.

The deceased was changing a tire on the loader when the left side gave way and fell on top of him. He was trapped by the Volvo L90E wheel loader with an operating weight of 33,290 pounds.

Officials with OSHA in Jacksonville continued their investigations until the late afternoon.

Some jobs are naturally risky forms of work. Workers’ Compensation laws happen to exist for the protection of employees who get injured on a work site or in the line of performing their jobs. Florida’s worker’s compensation does pay a portion of the injured worker’s wages and medical bills. Generally, these payments prohibit suing the employer, but when a third party is responsible, such as the builder of defective equipment and machinery, exceptions can be applied to hold other negligent individuals or businesses liable when they may have performed a task that caused the worker’s injury to occur. These compensation laws also entitle family members of the deceased to death benefits.

January 9, 2011

Marion County, Florida Burn Injury Attorney :: Citra Woman Accused of Setting Boyfriend’s Genital Area On Fire

by Whittel & Melton, LLC

January, 2011
A Marion County woman, 29, was arrested Saturday for allegedly pouring gasoline on her boyfriend’s genital area and setting him on fire.

The man was taken to Shands at the University of Florida in Gainesville with critical injuries. His condition is unknown as of Sunday morning, according to the Gainesville Sun.

The woman of Citra was charged with aggravated battery and taken to Marion County Jail. She was released Sunday morning on $10,000 bond.

According to a Marion County Sherriff’s report, the woman went looking for her boyfriend at his mother’s house. When she did not find him there, she tracked her boyfriend down at an Ocala man’s house. The man called the police to his house after a fight erupted between the woman and her boyfriend that resulted in her pouring a liquid on her boyfriend and allegedly lighting him on fire.

Upon police arrival at the scene, the boyfriend was covered with a blanket, kneeling in the yard. Deputies reported he had second- and third-degree burns on his genital area and torso.

A severe burn injury like the one this man endured is one of the most painful and complex injuries to recover from. Often critical burns leave the injured party with scarring and even disfigurement that can cause emotional trauma and anxiety.

Recovering from a severe burn injury is a long road that can include skin grafting, plastic surgery, reconstructive surgery, hospitalization and continued medical care. Despite the accident or injuries sustained, a knowledgeable personal injury attorney will be needed to try and gain you compensation for medical expenses, mental and emotional anguish, lost wages and more.

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.