Ocala

September 23, 2019

Off-Duty Ocala Police Officer Killed in Motorcycle Crash

by Whittel & Melton, LLC

An off-duty Ocala Police officer was killed late Thursday night after he was ejected from his Harley-Davidson motorcycle.

The 43-year-old man was traveling west on SW 95th Street Rd. when his white motorcycle suddenly veered left and traveled across the center median while spinning and then falling onto its side. The motorcycle continued to slide across the median and came to rest in the eastbound lanes, a Florida Highway Patrol report states.

The man was ejected from the motorcycle and also ended up in the eastbound lanes of SW 95th Street Rd. He was transported to Ocala Regional Medical Center, where he succumbed to his injuries, the FHP report says.

An ejection from the motorcycle is a common pathway to injury or fatality, because when the bike comes to a sudden stop, there is nothing affixing the rider to the bike. Also, the rider can forcibly strike any objects within the pathway of the ejection – as well as the ground.

Ocala, and the rest of the state of Florida, is beautiful pretty much year-round for motorcycle riders everywhere. With plenty of roads, attractive scenery, and gorgeous weather, Florida is a mecca for motorcyclists, as well as other tourists. But with more bikers on the roads, this also means more injuries. Motorcycle accidents tend to be more catastrophic than passenger car accidents because motorcycles lack the protection of a metal frame that cars have.

When a person is ejected from a motorcycle, serious injuries and death can easily occur. Since motorcycles have no seatbelts, roof, or doors to contain riders and passengers, nearly any motorcycle accident can result in ejection injuries. Riders without helmets are much more likely to suffer fatal injuries during accidents that result in ejection than riders that wear helmets.

When drivers and passengers are ejected from a motorcycle, the impact usually injures the head and neck. Motorcyclists can also easily collide with stationary objects that are in the path of the collision, which can result in more serious ejection injuries. Back and spinal cord trauma can also occur from ejection injuries due to the fact that the spine often becomes compressed during the ejection impact. However, any part of the body can be injured during a motorcycle ejection crash. It really all depends upon the way that the rider falls.

Injuries that are commonly suffered during a motorcycle ejection include:

Broken bones
Lacerations
Severe foot and leg injuries
Amputations
Traumatic brain injuries
Paralysis injuries
Concussions
Eye and facial injuries

A motorcycle collision can cause extreme violence to riders and passengers. More than 80 percent of traffic accidents involving motorcycles result in either injuries or death to the motorcyclist. As we mentioned before, motorcycles offer no protections to its driver or passengers. There is nothing to prevent the riders from being thrown off the motorcycle in the event of an accident. When ejected, the rider is quite likely to be injured again when hitting the ground or any other obstacle in the rider’s path of flight, including walls, trees, signs, other cars, etc.

There are many different types of motorcycle crashes, and some are more common than others. Here are the top ten reasons for motorcycle crashes:

Unsafe lane changes
Car doors opening
Inexperienced drivers
Driving under the influence of drugs or alcohol
A sudden stop
Left turn accidents
Speeding
Lane splitting
Head-on collisions
Road hazards

If you are a motorcyclist, there are preventative measures you can take to eliminate the possibility of a crash. You should wear a helmet, wear bright clothing, and invest in reflectors that shine brighter when illuminated by headlights. You should also limit the number of times you weave between lanes when traffic is stalled, as distracted drivers that are not paying attention can easily change lanes unexpectedly and strike you and your bike.

Our Ocala Motorcycle Injury Attorneys at Whittel & Melton also recommend the following to prevent tragic accidents:

Ride with a group to improve visibility
Avoid lane-splitting
Avoid riding on unfamiliar surfaces, such as gravel, loose asphalt, potholes, oil slicks, and other debris
Always ride defensively
Do not ride above your skill level. Take a safety course or refresher class to help improve your skill level.

January 4, 2019

Woman Killed in Wrong-Way Crash in Summerfield

by Whittel & Melton, LLC

A head-on collision killed a woman and seriously injured a man on South U.S. 301 in Summerfield Thursday night.

According to a witness, a 2011 BMW 5 series driven by a 34-year-old was in the wrong lane on U.S. 301 at Southeast 132nd Street Road and collided with a 47-year-old driving a 2003 Honda Civic.

Marion County Fire Rescue and arrived at the scene at 10:30 p.m. The driver of the Honda Civic was pronounced dead at 10:22 p.m., according to reports.

The BMW driver was taken by ambulance to Ocala Regional Medical Center.

According to FHP, the BMW was stopped in the outside northbound lane of U.S 301 facing south. The Honda was just south of the intersection, traveling north in the inside lane.

Troopers said the BMW proceeded south in the northbound lanes and the Honda took evasive action by swerving to the left into the outside left turn lane, but the two cars collided head-on.

There are no updates at this time if alcohol was a factor and if charges will be filed.

Wrong-way driving occurs when a motorist drives against the direction of traffic. The most common result of this error is a serious head-on collision. Wrong-way driving accidents can happen at any speed on any street, highway, or road. According to the National Highway Traffic Safety Administration (NHTSA), around 350 people are killed every year nationwide in wrong-way highway accidents.

Serious injuries can result from wrong-way accidents, such as traumatic brain injuries, spinal cord injuries, broken bones, lacerations, and even death. These injuries can be costly to treat, which is why Florida law allows you to recover financial damages through a personal injury or wrongful death claim. These damages may include medical costs, rehabilitation expenses, pain and suffering, lost wages, costs of future medical care, loss of earning capacity, property damage, and all other losses resulting from the accident.

August 13, 2018

Lowell Correctional Institution in Central Florida Investigated for Sexual Abuse of Inmates

by Whittel & Melton, LLC

The Justice Department is currently investigating the Lowell Correctional Institution in Central Florida, where female inmates have complained for years about sexual, physical and mental abuse inflicted by corrections officers.

This investigation mirrors that of the Julia Tutwiler Prison for Women in Alabama where women were raped, sodomized, forced to engage in oral sex and fondled by corrections officers as state corrections officials looked the other way for nearly two decades.

In 2013, the prison was considered among the 10 worst prisons in the nation. At least one third of its staff was suspected of sexual misconduct, and inmates who dared to report the abuse were punished by being locked in confinement, a more restrictive form of incarceration.

A civil-rights investigation at the prison in 2013 showed that understaffing, poor medical care, inadequate sanitary supplies, overcrowding and poor security fostered an environment where sexual violence and abuse thrived.

Lowell apparently has a huge problem with sexual abuse of prisoners. It has been on the Justice Department’s radar for several years.

In April, John Gore, acting attorney general for the U.S. Department of Justice, sent a letter to Florida Gov. Rick Scott, informing him, Florida Attorney General Pam Bondi and Julie Jones, secretary for the Department of Corrections, that the department had launched a federal probe into conditions at Lowell.

In July, DOJ’s civil rights division sent a subpoena to Florida’s Department of Corrections, demanding records ranging from policy and training manuals to a listing of staff members who were terminated, transferred, suspended or resigned from the prison as of July 1, 2015.

The DOJ’s Civil Rights Division investigates when there is cause to believe that inmates are being subjected to conditions that deprive them of their constitutional rights — in this case, in violation of the Constitution’s Eighth Amendment protection against Cruel and Unusual Punishment.

Federal investigations follow a standard trajectory that takes anywhere from two to five years. The procedure calls for the department to visit the prison, inspect conditions and to interview inmates.

As part of the probe, the DOJ is holding a community meeting on Aug. 19. Investigators are inviting former inmates and family members of current inmates to the meeting at the Marion Baptist Association in Ocala.

The DOJ reached an agreement with the state of Alabama and its corrections department calling for a series of reforms to protect inmates. It concluded that Tutwiler guards had violated prisoners’ rights.

At Tutwiler, DOJ found that inmates lived in an environment of repeated, open and forced sexual behavior by corrections officers. Prison officials were criticized for failing to address the problems despite repeated complaints. The DOJ was especially critical of state corrections officials who “demonstrated a clear deliberate indifference to the harm and substantial risk of harm to women prisoners.’’

The probe found that Alabama had been on notice of the abuse for more than 18 years but had chosen to ignore them.

The Lowell investigation comes after years of complaints by inmates and activists, who organized in the aftermath of a 2015 Miami Herald investigation, “Beyond Punishment.’’ The series included interviews with more than three dozen former and current inmates at Lowell who described being forced to have sex with officers just to obtain basic necessities such as soap, toilet paper and sanitary napkins.

When someone is taken into custody for allegedly committing a crime, prison conditions can certainly be uncomfortable, but they should never include sexual abuse at the hands of other prisoners or prison staff. Prison guards have the legal and moral obligation to protect the rights of prisoners. Partaking in or allowing unwanted sexual advances is a direct violation of their duty.

September 2, 2015

Florida’s Bicycle Death Rate Highest in Nation

by Whittel & Melton, LLC

A new report on bicyclist deaths by the Centers for Disease Control and Prevention finds that Florida has the highest rate of bicycling deaths of any state in the nation — 0.57 per 100,000 people, more than double the nationwide rate of 0.23 per 100,000.

While other states have found ways to cut bicycle deaths during two periods measured over the last three decades, Florida has only reduced the number less than 10 percent.

Nationwide, safety seems to be improving for bicyclists, with the number of deaths per 100,000 people declining 44 percent from 0.41 to 0.23 during the periods measured — the five years from 1975 to 1979 and the five years from 2008 to 2012, according to the new CDC report titled “Bicyclist Deaths Associated with Motor Vehicle Traffic — United States, 1975–2012.”

The steepest decline measured was among children younger than 15.

According to the report, bicyclists are killed on U.S. roads at a rate double that of vehicle occupants, even though bicycle travel accounts for only about 1 percent of trips across all modes of transportation.

Because of the year-round warm climate in Florida, cycling is a popular mode of transportation and exercise activity during most months of the year. However, Florida roadways also pose serious risks to bicyclists, from distracted automobile drivers to improper bike lanes. If you or someone you love has suffered a serious injury or was killed in a bike accident, it is very important to discuss your case with a Florida Injury Lawyer at Whittel & Melton.

Unfortunately, what could start out as a leisurely bike ride can quickly turn into a fatal accident. At Whittel & Melton, we believe that the responsible party should be held responsible for damages. Filing a personal injury or wrongful death claim for a bike accident can be complex, but we can provide you with the experienced representation you need.

July 2, 2015

Fourth of July Road Dangers

by Whittel & Melton, LLC

Fireworks are definitely dangerous, but they are not the only dangers to avoid this Fourth of July weekend. The roadways are especially hazardous during the summer holidays. When you are traveling to or from an Independence Day party this year, please remember to be on the look out for reckless drivers.

Here are a few dangers to try and avoid this Fourth of July:

Drunk drivers. Think about it, almost every Florida Independence Day celebration will have alcohol. Partygoers who are drinking at parties and such should not get behind the wheel of a car. If you see a car weaving or dodging in and out of traffic, keep your distance. If you have a passenger with you, consider notifying authorities.
Drowsy Drivers. Many holiday drivers are travelling lengthy distances to get to their final destination. Those who have been driving for hours may be feeling fatigued. Drowsy driving is often as dangerous as drunk drivers, so stay alert.
Distracted Drivers. Keep in mind that many travelers on Florida roadways are from out of town and have never been to the area before. Taking your eyes off the road for just a few seconds to look at a navigation device can have devastating results. Avoid being a distracted driver by staying off your cell phone and having other passengers check your GPS or phone for you.
Speeding Drivers. People that are anxious to get where they are going may decide to speed or drive recklessly. Make sure you obey the posted speed limits and monitor your speed if there is heavy traffic.

March 19, 2015

New Tween Seat-Belt Usage Campaign

by Whittel & Melton, LLC

The National Highway Traffic Safety Administration issued a press release last week about the U.S. Department of Transportation’s first-ever National Tween Seat Belt Safety Advertising campaign. The campaign urges parents to “Never Give Up Until They Buckle Up.”

The NHTSA is utilizing this campaign to show the importance of targeting this age group and their parents about seat belt safety. It is absolutely vital for tweens to use their seatbelts any time they are riding in cars because these are formative years that immediately precede driving privileges for teenagers.

Unrestrained Tween Facts: Did You Know?

Within the past five years, 1,552 children between the ages of 8 and 14 died in car, SUV or Van collisions.
Around half of those children killed were not wearing seatbelts at the time of the crash.
The percentage of child passengers who die while riding unbelted tends to increase with age. This more pronounced among 13 and 14-year-olds, regardless of seating position.

The campaign targets the parents of children between the ages of 8 and 14 years old. Why? This is a very important time to instill the habit in children of always buckling up, for every trip. Tweens are just a few short years away from being in the driver’s seat, which makes this campaign all the more important.

Parents are encouraged to lead by example. No matter how short the trip, any time you get behind the wheel you should fasten your seatbelt before heading anywhere.

Tweens are constantly learning how to be responsible and make good decisions. It is up to the adult or adults in the car to make sure they are always buckled up. Again, it doesn’t matter if you are driving 2 miles or 2,000, tweens, children and adults need to be buckled up for every ride.

January 23, 2015

Motorcyclist Killed in Crash on U.S. 441

by Whittel & Melton, LLC

A motorcyclist who collided with an SUV on U.S. 441 and was ejected into a ditch by the impact of the crash passed away at a local hospital Wednesday.

The 65-year-old Ocala biker was transported to Ocala Regional Medical Center by ambulance following the crash. He was riding a 2011 Harley Davidson and was wearing a helmet, according to Ocala police.

The afternoon crash blocked traffic heading northbound on the busy thoroughfare at Northwest 20th Street for a little more than an hour as traffic homicide investigators from the Ocala Police Department conducted their investigation.

October 30, 2014

Florida Ranks Second for Highest Number of Bicycle Fatalities

by Whittel & Melton, LLC

A new report on bicycle fatalities due to car accidents on U.S. roads shows that the bulk of these fatal accidents occur in just a handful of states.

The report, released Monday by the nonprofit Governors Highway Safety Association, concluded that biking accident deaths rose 16 percent nationwide between 2010 and 2012, while motor vehicle accident fatalities increased by just 1 percent.

According to 2012 figures, the top 10 states that saw the highest number of bicyclists killed in motor vehicle accidents are listed below:

California – 123 bicyclist fatalities in motor vehicle accidents in 2012
Florida – 120 bicyclist fatalities in 2012
Texas – 56
New York – 45
Illinois – 29
North Carolina – 27
Michigan – 19
Ohio AND Arizona – 18
Georgia – 17

Moreover, the report also noted that more than half, or 54 percent, of U.S. bicycle fatalities over the period of 2010 to 2012 happened in just six states: California, Florida, Illinois, New York, Michigan and Texas.

October 23, 2014

National Teen Driver Safety Week 2014

by Whittel & Melton, LLC

The National Highway Traffic Safety Administration has declared this week, October 19-25, as National Teen Driver Safety Week. Due to the sad reality that motor vehicle crashes are still the leading cause of death for teens ages 14 to 18, the NHTSA has made this issue a top priority. The NHTSA’s “5 to Drive” rules are designed to raise awareness about the five biggest issues teen drivers face today.

Safety Issues Facing Teen Drivers

The NHTSA has listed out the top five safety concerns for teen drivers by analyzing data and statistics from auto accidents involving teen drivers across the United States. From driving impaired to having too many passengers in the car, there are numerous issues that can greatly increase a teen driver’s risk for being involved in an accident that could result in serious injuries or death.

Top Five Safety Concerns for Teens

Alcohol
Seat belts
Texting
Speeding
Passengers

Five to Drive

By addressing these safety concerns with teen drivers, parents can make a huge impact on the safety of their teen when behind the wheel. Even though teens are not legally allowed to consume alcohol, they are at a greater risk than drivers in any other age group of being involved in an alcohol-related crash. It should also be noted that extra passengers can increase a teen drivers risk of being involved in a collision, so it is best to limited teens to no more than one passenger in their car at any time.

Even what can seem like minor details can have a great impact on inexperienced drivers. As a parent, it is smart to have regular conversations with your teen driver about these five key issues and lead by example. When you are driving, make sure to follow all safety rules, including wearing your seatbelt, and limit the distractions around you. Teens are quite perceptive, and if you are a safe driver, then the odds are your teen will pick up on your safe practices and put them into action when they are behind the wheel.

What to do After a Crash

October 22, 2014

NHTSA Issues Consumer Advisory: Florida Vehicle Owners with Defective Airbags Urged to Take Immediate Action

by Whittel & Melton, LLC

The National Highway Traffic Safety Administration released a press release Monday urging owners of certain Toyota, Honda, Mazda, BMW, Nissan, and General Motors vehicles to act immediately on recall notices to replace defective Takata airbags. The message expresses the need for urgency when responding to this issue, especially for owners of vehicles affected by the regional recalls in the following areas: Florida, Puerto Rico, Guam, Saipan, American Samoa, Virgin Islands and Hawaii.

Consumers who are unaware whether or not their vehicle is impacted by the Takata recalls, or any other recall, can check on www.safercar.gov/vinlookup. Once on the site, you can search by your vehicle identification number in order to confirm whether your vehicle has an open recall that needs to be addressed. Additionally, consumers can sign-up for NHTSA recall alerts, which go out before recall letters are mailed by the manufacturers to the affected owners.

Affected Vehicles Involving Takata Airbags:

Toyota: 778,177 total number of potentially affected vehicles

2002 – 2004 Lexus SC

2003 – 2004 Toyota Corolla

2003 – 2004 Toyota Corolla Matrix

2002 – 2004 Toyota Sequoia

2003 – 2004 Toyota Tundra

2003 – 2004 Pontiac Vibe

Honda: 2,803,214 total number of potentially affected vehicles

2001 – 2007 Honda Accord (4 cyl)

2001 – 2002 Honda Accord (6 cyl)

2001 – 2005 Honda Civic

2002 – 2006 Honda CR-V

2003 – 2011 Honda Element

2002 – 2004 Honda Odyssey

2003 – 2007 Honda Pilot

2006 – Honda Ridgeline

2003 – 2006 Acura MDX

2002 – 2003 Acura TL/CL

Nissan: 437,712 total number of potentially affected vehicles

2001 – 2003 Nissan Maxima

2001 – 2003 Nissan Pathfinder

2002 – 2003 Nissan Sentra

2001 – 2003 Infiniti I30/I35

2002 – 2003 Infiniti QX4

2003 – Infiniti FX

Mazda: 18,050 total number of potentially affected vehicles

2003 – 2004 Mazda6

2004 – Mazda RX-8

BMW: 573,935 total number of potentially affected vehicles

2000 – 2005 3 Series Sedan

2000 – 2006 3 Series Coupe

2000 – 2005 3 Series Sports Wagon

2000 – 2006 3 Series Convertible

2001 – 2006 M3 Coupe

2001 – 2006 M3 Convertible

General Motors: 133,221 total number potentially affected vehicles

2002 – 2003 Buick LeSabre

2002 – 2003 Buick Rendezvous

2002 – 2003 Cadillac DeVille

2002 – 2003 Chevrolet Trailblazer

2002 – 2003 Chevrolet Impala

2002 – 2003 Chevrolet Monte Carlo

2002 – 2003 Chevrolet Venture

2002 – 2003 GMC Envoy

2002 – 2003 GMC Envoy XL

2002 – 2003 Oldsmobile Aurora

2002 – 2003 Oldsmobile Bravada

2002 – 2003 Oldsmobile Silhouette

2002 – 2003 Pontiac Bonneville

2002 – 2003 Pontiac Montana

As of now, four deaths have been attributed to defective components found in Takata airbags, which were predominantly used in vehicles from every major automaker from 2000 through 2007. The deaths have occurred in Virginia, Oklahoma, California and Florida. Additionally, 139 injuries have also been reported that were caused by the Takata airbags.