Palm Beach County

October 9, 2014

International Walk to School Day: Watch Out for Pedestrians and Bicyclists!

by Whittel & Melton, LLC

October 8 is International Walk to School Day, a day when thousands of schools in the U.S. and in 40 countries strive to raise awareness about walking and bicycling to school. This day expresses the need for walkable communities throughout the world and encourages more children to walk to school.

This day urges the need to educate the public about pedestrian safety. According to the National Highway Traffic Safety Administration, in 2012, car accidents resulted in the death of a pedestrian every two hours and an injury every seven minutes. In this same year, 4,743 pedestrians were killed and approximately 76,000 were injured in car accidents.

The NHTSA defines a pedestrian as “a person on foot, walking, running, jogging, hiking, sitting or lying down who is involved in a motor vehicle traffic crash.” With that said, every single person is a pedestrian on a regular basis, whether it is a young child walking to school or an adult walking across a shopping mall parking lot. Our Florida Car Accident Injury Lawyers at Whittel & Melton work with families every day who have had their lives turned upside down because of a negligent driver who failed to pay attention to a biker or pedestrian sharing the roadway. Injuries to pedestrians struck by cars can vary from cuts, bruises and scrapes to broken bones, spinal cord trauma and death.

Children under the age of 16 accounted for 6 percent of pedestrian deaths and 18 percent of pedestrian injuries caused by car accidents in 2012. In that same time period, pedestrians age 65 and older made up 20 percent of pedestrian deaths and 9 percent of pedestrian injuries as a result of auto accidents.

Motor vehicle accidents involving pedestrians can be truly devastating. The NHTSA urges everyone to follow the below safety tips when walking or driving.

Pedestrians should always:

Walk on sidewalks when possible.
Make sure that electronic devices do not interfere with sight or sound.
Attempt to make eye contact with drivers as they approach, or make sure they are visible to drivers.
Cross streets at intersections and crosswalks and walk facing traffic as drivers expect pedestrians to do these things.
If there are no crosswalks, cross streets where there is good visibility so that you can be seen clearly by other drivers.
Stay away from places where pedestrians are prohibited, like freeways and restricted-access highways.
Wear bright or reflective clothing at night.
Avoid walking while intoxicated at any time.

Drivers should always:

Keep an eye out for pedestrians, even in unexpected places.
Be extra cautious when visibility is limited by inclement weather.
Be prepared to stop at crosswalks and intersections.
Stop for pedestrians in crosswalks.
Refrain from driving under the influence of drugs or alcohol.
Follow the designated speed limit, especially in areas with pedestrians.
Observe reduced speed limits near schools, playgrounds and all other areas where children are known to gather.

September 26, 2014

Surviving a South Florida Canal Crash – Don’t Become a Water Death Statistic

by Whittel & Melton, LLC

South Florida’s waterways make beautiful scenery, but they are dangerous. With so many waterways that do not have barriers to keep cars from sliding or crashing into them, canal crashes can easily become fatal.

These crashes are more common than you may think. On Sept. 18, a 78-year-old man was rescued after his Honda minivan sank in a Florida City development’s pond. The water seeped inside and up to his chest.

According to reports, officers could hear the driver’s screams for help, and had to break the van’s windows in order to rescue him because the doors wouldn’t open. The driver was rescued and later safely reunited with his family.

During 2011, there were an estimated 213 people killed and 460 injured in “immersion crashes,”according to the National Highway Traffic Safety Administration.

In Florida alone, there were 9 water deaths in 2012, 8 of which happened in canals. Another 202 were injured, 144 in canal crashes.

With so many deaths and fatalities, it is important to address the safety precautions that Florida drivers can take to save their lives and the lives of their passengers. For around $8, you can purchase the tools needed – a window punch and a seatbelt cutter – to help in the event of a canal crash.

The punch typically looks like a metal pen with a long point that is spring loaded. When aimed at the corner of a window that refuses to budge, it will crack it, which can let everyone in the car get out safely. People of all ages can use this tool in emergency situations.

When a car enters a waterway, it can float for just a few seconds or to up to three minutes, before it sinks. If the water is more than 14 feet deep, the car can even land on its roof.

The following tips are important for drivers to consider when it comes to surviving a water crash:

Remove the seatbelt as quickly as possible.
Open or break windows immediately – this is where a window punch can come in handy. Keep in mind that power windows may not work in water.
Always get children out of the vehicle first, and carry the smallest ones against the incoming water.
Swim away from the vehicle as soon as you are freed.

September 5, 2014

Child Passenger Safety Week: September 14-20

by Whittel & Melton, LLC

The leading cause of death in children between the ages of one and 13 is auto accidents. In an effort to raise awareness about these tragedies and further educate people about keeping children safe in motor vehicles, the National Highways Traffic Safety Administration has announced that Child Passenger Safety Week will take place from September 14 until September 20 and National Seat Check Saturday will be on September 20, 2014 to make sure children are in the correct restraints while riding in a motor vehicle.

There are a many options when it comes to restraining a child in an car – rear-facing car seats, forward-facing car seats, boosters and a traditional seat belt. Age can play a big factor in this decision, but size is the priority. There can be numerous risks for children that are placed in too small of safety seats as well as too large of seats. During Child Passenger Safety Week, communities across Florida will have certified technicians available to educate parents and children about car seat safety.

Installing Seats Correctly

First and foremost, before installing a car seat, make sure to always read the instructions. Every seat has slightly different installation directions, however there are some universal key points to keep in mind.

Seat location: Regardless of what kind of restraint you are using, it should always be placed in the back seat of your vehicle. Children should not be allowed to ride in the front seat until they are at least 13 years old.

Securing the seat: When a restraint system is properly installed there should be no side-to-side or front-to-back movement of more than an inch.

Proper Fitting of the Seat: Once the seat is securely installed, it is necessary to make sure you child is fitted into the seat properly. Harness straps should lay flat and never be twisted. In a rear-facing car seat, the straps should loop through the back slot at or below the child’s shoulders. In front-facing seats, the straps should be looped through the slot at or above the shoulders. The harness should be secure enough that excess material cannot be pinched at the shoulder. The chest clip should be at armpit level.

August 29, 2014

Labor Day Weekend Tip: Drive Sober or Get Pulled Over

by Whittel & Melton, LLC

The U.S. Department of Transportation’s National Highway Traffic Safety Administration recently issued a press release notifying motorists to drive sober for the upcoming Labor Day weekend and all year long. The 2014 campaign is focused on the societal and economic impact of drunk driving as well as the personal costs and human toll of impaired driving.

Across the United States, drunk driving collisions kill more than 10,000 people each year. Over the course of holiday weekends alcohol-related crashes are known to increase. During Labor Day weekend in 2012, 147 people were killed in auto accidents involving drunk drivers. For every DUI crash, one in three results in a fatality. What this means is that one third of all collisions are entirely preventable.

The economic impacts of driving under the influence cost Americans billions of dollars every single year. Car and motorcycle accidents involving alcohol impaired drivers cost 47 billion in direct economic impacts in 2010. Across the U.S., that averages to about $152 a person. When the overall harm to society due to loss of life and diminished quality of life are tacked on, the numbers skyrocket to $195 billion.

The average cost of a minor injury associated with a DUI-related motor vehicle crash is $22,000, but can total more than $25,000 when losses related to quality of life are added in. Direct economic impacts and additional quality-of-life costs can drastically increase based on the severity of the injury.

Now that we have addressed some of the shocking figures associated with DUIs, our Florida Personal Injury Lawyers at Whittel & Melton want to make sure you enjoy Labor Day weekend and map out a plan before the party starts. Planning ahead is absolutely necessary to ensure that you have a safe ride home, should you consume any amount of alcohol. Planning ahead can be as simple as programming a taxi cab’s phone number into your phone or downloading a rideshare app onto your smartphone. No matter where you end up or what you are doing, never get behind the wheel of a car while intoxicated. Ask a friend or bartender to help you find a safe ride home.

August 19, 2014

Cyclist Struck and Killed by Garbage Truck

by Whittel & Melton, LLC

A bicyclist was killed Wednesday after being hit by a garbage truck, according to Palm Beach County Fire Rescue.

Officials with Palm Beach County Fire Rescue believe the crash happened at around 9:50 a.m. near Old Boynton Beach Road and Lawrence Road.

When firefighters arrived at the scene they found the victim lying in the roadway. The victim was pronounced dead at the scene.

The garbage truck involved in the accident was from Republic Services, a recycling and solid waste collection, transfer and disposal service serving western and southern Palm Beach County.

No further information regarding the crash is available at this time.

A bicycle ride should be a nice way to enjoy the great outdoors as well as a healthy recreational activity that can get you to and from wherever you need to go. However, riders are vulnerable, and can become involved in serious accidents at any moment due to the negligence of motor vehicle drivers. The negligence of a car or truck driver can lead to serious injuries to a cyclist.

Losing a relative or loved one can be devastating in many ways. When someone close to you has been killed due to the fault of a motorist, Florida law provides the surviving family members and partners with the right to bring a wrongful death lawsuit for the financial loss endured as well as the loss of the intangible benefits of their relationship.

July 22, 2014

CFBP Alleges that Fort Lauderdale Law Firm Operates ‘More Like A Factory’ in Filing Hundreds of Thousands of Consumer Debt Suits

by Whittel & Melton, LLC

A law firm with offices in Fort Lauderdale, Atlanta and St. Louis has allegedly used automation and support staff to sue hundreds of thousands of consumers to collect debts for credit card companies and debt buyers, according to a lawsuit filed by the Consumer Financial Protection Bureau.

According to the lawsuit filed against Frederick J. Hanna & Associates and its three principal partners, in many cases the consumers don’t owe any money, or they owe money in lower amounts than claimed.

The CFPB claims that “To produce so many lawsuits, the firm operates less like a law firm than a factory. It relies on an automated system and nonattorney support staff to determine which consumers to sue. The nonattorney support staff produce the lawsuits and place them into mail buckets, which are then delivered to attorneys essentially waiting at the end of an assembly line. The firm’s attorneys are expected to spend less than a minute reviewing and approving each suit.”

The CFPB alleges that the debt-collection suits are signed with the names of lawyers at Frederick J. Hanna & Associates, though they are not actually involved in the process. The collection efforts are apparently based on faulty or inadequate documentation.

According to a CFPB press release, the suit seeks an injunction barring violations of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act, a civil fine, and restitution for victims.

While Frederick J. Hanna & Associates has offices in Atlanta, Fort Lauderdale and St. Louis, most of their lawyers listed are based out of Georgia. The suit alleges that the firm employs hundreds of nonlawyer staffers but only eight to 16 lawyers.

The firm collects debts on behalf of credit card issuers and debt buyers, according to reports. The lawsuit alleges that in Georgia alone the firm has filed more than 350,000 debt-collection suits from 2009 through 2013. One lawyer at the firm apparently signed an average of about 1,300 collection suits a week.

Most of these debt-collection suits resulted in a default judgment or settlement. The firm usually backed down once consumers responded. In fact, since 2009, lawyers voluntarily dismissed more than 40,000 of the Georgia collection suits, which equals to more than 155 cases a week, according to the CFPB suit.

The law firm’s managing partner said that the firm has cooperated with the CFPB and is disappointed by the lawsuit.

Collection agencies have recognized the potential profit that can be made from consumer debts that have gone unpaid. If you have been contacted by a collection agency or a law firm about an old debt, or a debt that you are not legally obligated to pay, a Florida Injury Lawyer at Whittel & Melton can help. Unlike other law firms, each and every single one of our cases is personally handled by our team of attorneys with the assistance of paralegals and investigators. We take pride in helping all of our clients receive a successful outcome, which is why we do not cut any corners when it comes to our legal work.

June 30, 2014

June & July Recognized as National Fireworks Safety Months

by Whittel & Melton, LLC

The National Safety Council delegates the months of June and July to focus on fireworks safety, since fireworks injuries are most common between June 1 and July 4 each year.

Eye injuries are a noteworthy concern when it comes to projectile fireworks like bottle rockets and Roman candles. According to Prevent Blindness America, eye injuries are common with fireworks, as are burns and other very serious injuries. Most of those who suffer fireworks-related eye injuries are children under the age of 15 since they do not fully understand the dangers of these hot explosives, but it is important to point out that anyone can be harmed by fireworks.

Last year there were eight deaths and about 11,400 injuries nationally from fireworks, according to a recent report by the Consumer Product Safety Commission. To help protect yourself and those you love from fireworks injuries this summer, please familiarize yourself with the following safety tips:

Check the fireworks laws and ordinances where you live. In the state of Florida, consumer fireworks are illegal. However, state lawmakers passed an exception to this rule allowing fireworks to be purchased by farms and fish hatcheries. In order for vendors to sell fireworks to customers, all they have to do is have purchasers sign forms saying they’re buying under an agricultural or other exemption.
Never let children play with fireworks. While most people tend to think hand-held fireworks like sparklers are safe enough, know that these can reach temperatures over 1,000 degrees Fahrenheit, which can cause serious burn injuries. Do not let your child play with, hold or light off fireworks of any kind.
If you are going to light off fireworks, make sure to set up a fire-resistant area. Everyone else should be kept several yards away from this area. Also, have a fire extinguisher or hose handy in case fireworks get out of control.
Leave the fireworks to the professionals. Rather than lighting off your own fireworks at home, head to professional fireworks shows. While you could still possibly be injured at one of these shows, the risk is much lower than if you choose to light your own fireworks off at your house.

June 11, 2014

Florida Slip, Trip and Fall Injury Lawyer :: National Safety Month – Stop Slips, Trips and Falls

by Whittel & Melton, LLC

Slip, trip, and fall accidents are a primary cause of injury in the United States for people of all ages and genders. June is National Safety Month, which is why it is important to address these risks, and for all of us in Florida to strive to help prevent future accident injuries.

The Second Week of National Safety Week Is Dedicated to Fall Prevention

The National Safety Council has dedicated the second week of June to raising awareness about slip and fall and trip and fall injuries. There are many ways we can prevent serious injuries and fatalities throughout our Florida communities, including the following:

June 4, 2014

Florida Auto Accident Injury Attorney :: New NHSTA Study Shows the Staggering Toll of Car Crashes on U.S. Residents

by Whittel & Melton, LLC

Whenever a motor vehicle accident occurs in Florida, or anywhere else throughout the country, it creates a series of events that cost money. While these costs are not always apparent to other people, make no mistake, car accidents can be quite expensive.

When viewed as a whole, the numbers are downright shocking. A recent study conducted by the National Highway Traffic Safety Administration demonstrates that motor vehicle accidents cost more than $870 billion in economic loss per year. This study examined data from 2010. That $870 billion can be broken down even further to a personal basis, averaging an estimated cost of $900 per person in the U.S., which does not just apply to accident victims, but all people residing in this country.

NHTSA’s study, “The Economic and Society Impact of Motor Vehicle Crashes, 2010,” focuses on some of the behavioral factors that influenced that year’s nearly 33,000 highway fatalities, 3.9 million injuries and 24 million damaged vehicles. According to the study, three driver behaviors including speeding, drunk driving and distracted driving, accounted for 56 percent of the economic loss to the nation and 62 percent of the societal harm. Societal harm is described as harm due to loss of life and decreased quality of life.

What is not so shocking is that drunk driving accidents were found to be among the most expensive kinds of accidents. These accounted for 18 percent of the total economic loss and 23 percent of the overall societal harm.

Speeding accounted for 21 percent of the overall economic loss costing the nation $59 billion and 24 percent, or $210 billion, of the societal harm.

Distracted driving crashes were responsible for 17 percent of the total economic loss and cost $46 billion. These crashes accounted for $129 billion, or 15 percent, of the overall societal harm.

On a positive note, researchers for this study concluded that using seatbelts led to a savings of almost $70 billion in medical care, lost productivity and other costs that were not incurred. For now, around 5 percent of the total economic loss involved people in auto accidents where they were not buckled up or did not properly fasten their seatbelt.

May 28, 2014

Florida Injury Attorney :: Florida Takes Top Four Spots in New Ranking of America’s Deadliest Cities for Pedestrians

by Whittel & Melton, LLC

While all pedestrians should pay extra close attention when crossing the street, it seems that Floridians need to be especially mindful.
In a new report from the National Complete Streets Coalition, Dangerous By Design 2014, a Pedestrian Danger Index was used to rank the deadliest places to walk in America. Florida is home to the top four cities, with six other southern cities finishing out the top 10:

Orlando, FL
Tampa, FL
Jacksonville, FL
Miami, FL
Memphis, TN
Birmingham, AL
Houston, TX
Atlanta, GA
Phoenix, AZ
Charlotte, NC

You can view the full list here.

The Pedestrian Danger Index was calculated by looking at the last five years of available data on pedestrian fatalities and factoring in the number of local commuters who walk to work every day.

The report shows that 47,025 people nationwide were hit by cars and died while walking between 2003 and 2012. This number is 16 times greater than the number of Americans who died in natural disasters over the same time frame. Additionally, another 676,000 pedestrians were injured while travelling on foot, which likens to someone being hit by a car every eight minutes.

The elderly are found to be much more at risk than any other age group, according to the report. While they only represent 12.6 percent of the total U.S. population, adults ages 65 and older account for 21 percent of pedestrian fatalities.

This report shows just how dangerous busy roads and intersections can be for those walking to their destinations. The following tips are a great reminder on how to stay safe as a pedestrian:

Stay Alert. Distracted walking can be just as dangerous as distracted driving. Always look where you are going and be aware of your surroundings. In 2010, more than 1,500 people were treated in U.S. emergency rooms for pedestrian-related injuries resulting from distractions, especially cell phones. Keep your eyes off your cell phone when crossing the street!

Never Jaywalk. Did you know that pedestrians can be held liable for auto accidents, too? When you cross the street against a light and run into traffic, you increase your risk of being struck and potentially killed by a motorist.

Use the Sidewalk. While sidewalks may not be located in certain areas in the city, if they are available for use, please use them and do not walk in the street. If a biker is taking up the sidewalk, gently remind them that they are meant for pedestrians.