Personal Injury Attorney

October 13, 2016

Biketoberfest Is Here: Look Twice For Motorcycles in Daytona Beach

by Whittel & Melton, LLC

Biketoberfest has been bringing bikers together from all over the world in Daytona Beach since 1992.

Biketoberfest is a celebration of Florida’s bike culture that involves trade shows, concerts and other special events. It also involves three days of rides throughout Volusia County. While this will surely be a fun event for everyone, our Florida Motorcycle Injury Lawyers know that there are safety risks anytime a group of motorcycles share the roadways with other motor vehicles.

We urge drivers to be aware that there will be lots of bikers out during Biketoberfest and motorists should be respectful of their right to share the road.

Biketoberfest will occur between October 13 and 16 this year, and drivers should be extra cautious during this time and in the days before and after the special event.

In 2015, more than 100,000 people were expected to turn out to the festival. Researchers last year said the event brings in over $40 million to the local economy.

Our Florida Motorcycle Accident Injury Lawyers at Whittel & Melton urge you to “look left, look right, look twice, save a life.”

Biketoberfest Safety Tips

Allow for more following distance in between a car and a motorcycle. Motorcycles frequently slow down by downshifting or rolling off the throttle, so drivers should not count on a brake light to let them know when a bike will be stopping.
Leave motorcycle riders their own lane. Don’t try to crowd in or share the lane.
Don’t rely on turn signals. Motorcycle turn signals do not turn off automatically and sometimes riders forget to turn them off. Make sure you see what a rider is doing before you make any moves.

October 11, 2016

Samsung Stops Production of Galaxy Note 7 After Reports of Fire in Replacement Phones

by Whittel & Melton, LLC

Samsung wants everyone to turn off their Galaxy Note 7 even if they have received a replacement. This comes right after the company said it was halting production of the smartphone.

Samsung Electronics says it is stopping production of its Galaxy Note 7 smartphones, a day after it put an end to global sales of the devices.

The South Korean company said in a regulatory filing Tuesday that it has made a final decision to stop production for the sake of consumer safety.

Samsung is struggling to regain consumer trust after a first round of recalls. The company stopped selling the device after finding that even the supposedly safer replacements it was providing for recalled Note 7 phones were catching fire.

There have been at least five reports of people claiming the Samsung Galaxy Note 7 replacements have caught fire.

One report came out of Kentucky – the owner said he woke up to a hissing sound and smoke filling the room when he realized his phone was on fire.

Samsung released this statement Monday night:

“Consumers with either an original Galaxy Note 7 or replacement Galaxy Note 7 device should power down and stop using the device and take advantage of the remedies available.”

Cell phone retailers including AT&T and Verizon are offering refunds for the Galaxy Note 7 or an exchange for a different smartphone.

On September 2, 2016, Samsung recalled the Galaxy Note 7 in 10 countries, including the U.S., just 2 weeks after the product was launched. Six days later, the Federal Aviation Administration (FAA) advised passengers not to use, charge, or even stow Galaxy Note 7 phones on domestic flights.

An investigation was immediately launched in response to dozens of consumer complaints about Samsung phones catching fire. The problem was identified as a potential battery flaw that affects about 1 in 42,000 units.

The Samsung Note 7 recall highlights how dangerous electronic devices can be. Samsung Note 7’s use lithium-ion batteries, which are useful because they can store large amounts of energy in a small space. However, this same quality is what makes lithium-ion batteries hazardous. The more energy stored, the potentially more dangerous the battery becomes.

October 3, 2016

Teen Girl Injured After E-Cigarette Explosion on Universal Orlando Ride

by Whittel & Melton, LLC

Police have reported that a teenage girl riding a Universal Orlando amusement park ride suffered burns after an electronic cigarette belonging to another rider exploded and shot a fireball at her.

Police believe that the 14-year-old girl from Tennessee was riding the Hogwarts Express train Saturday with her family when an e-cigarette belonging to a rider in another group blew up in his pocket and the fireball hit her in the face and elsewhere.

The explosion wasn’t big, but scared everyone on the train, according to reports.

The girl was taken to the hospital with mild to moderate burns to her face, arm and leg. The man suffered minor injuries.

An e-cigarette, also known as a vape, is an electronic nicotine delivery system that produces a heated vapor that resembles smoke. They have been for sale in the United States since 2007. E-cigarettes are now used by more than 2.5 million people in the U.S.

If you were burned by an exploding e-cigarette or vape, you could have a legitimate claim against the manufacturers of the vape device and battery, and perhaps other parties. What this means is that you could file a personal injury claim for monetary damages for:

Medical expenses
Pain and suffering
Lost wages
Loss of quality of life
Disfigurement
Emotional & mental anguish

September 27, 2016

South Florida Cities Increase Gator Warnings After Disney Tragedy

by Whittel & Melton, LLC

South Florida cities are amping up their efforts to prevent fatal alligator attacks like the one that occurred in Orlando’s Walt Disney World when an alligator emerged from a lagoon, grabbed a toddler wading in ankle-deep water and killed him.

From Oakland Park to Delray Beach, cities have begun replacing “no swimming” signs with stronger warnings on lakes and canals where alligators and snakes might lurk.

Florida does not regulate whether cities or counties need warning signs.

Delray Beach is taking no chances. The city, which currently has only a few “no swimming” signs, plans to install 20 signs that warn of alligators at eight canals and lakes.

So are Oakland Park, North Lauderdale and Parkland, where staff are adding warning signs at parks by water.

According to the Florida Fish and Wildlife Conservation Commission numbers, there were nine alligator attacks in 2015, one of which was fatal, and 10 in 2014, none of which were fatal. Since 2006, there have been five reported fatalities due to alligator attacks. There have been 23 reported attacks since 1948, when the agency began keeping track.

Living in Florida, we know the dangers of alligators in any body of water, as well as hotels, golf courses and even backyards. Most public places located near bodies of water are pretty vigilant about relocating dangerous animals out of these areas. The added signage going up in south Florida is great, as it could prevent another tragedy from occurring.

August 25, 2016

Driver Killed in Road Rage Crash in Orlando

by Whittel & Melton, LLC

A driver was killed in a road rage incident in the early morning hours of Monday near South Kirkman Road in Orlando.

According to reports, the accident happened around 12:45 a.m. Monday when two cars pulled off Windhover Drive near Universal Studios.

Orlando police believe one of the drivers was run over by a vehicle just one mile away from Universal Studios.

According to investigators, the deceased was involved in some sort of road rage incident which led him to pull over. He stopped on the side of Windhover Road to confront the driver of the vehicle which was tailgating him.

Moments later, police believe the driver of that other vehicle stepped on the gas and ran over the other driver, killing him.

For now, investigators are searching through surveillance footage, and are questioning witnesses and his friends in hopes of finding out who did this.

Orlando Police are also asking for the public’s help. Anyone with more information about what may have happened are encouraged to contact OPD at 321-235-5300.

Injuries or wrongful deaths caused by an aggressive driver are sadly not that unusual throughout the United States or in Florida. The National Highway Traffic Safety Administration estimates that 27,000 deaths annually occur due to aggressive drivers.

August 18, 2016

Cruise Ship Catches Fire in Puerto Rico

by Whittel & Melton, LLC

More than 500 passengers and crew were evacuated on Wednesday from a burning ship about a mile off Puerto Rico’s north coast.

The fire occurred aboard the Caribbean Fantasy, a combination cruise and ferry vessel, as the U.S. Coast Guard began bringing passengers into the San Juan harbor.

The Coast Guard said all passengers had been evacuated, though it was still rescuing 26 crew members.

The ship was arriving in San Juan when the fire broke out, according to a Coast Guard spokesman.

Reports indicate that a hose carrying fuel burst open and caught on fire in the control room.

The crew attempted to extinguish the fire for 2 hours.

The extent of injuries are not clear at this time.

Several dozen people were treated for dehydration, high blood pressure and respiratory problems from the smoke, said a fire department spokesman. One stretcher held a man hooked up to an IV who was cradling a bawling newborn baby clad only in a diaper.

The mostly Dominican passengers included dozens of school-age athletes headed to competitions in Puerto Rico, including a 22-member cycling team, a girls’ volleyball team and a boys’ baseball team.

Passengers found to be in good health were loaded onto city buses to be taken out of the area.

The ships run several times weekly between Puerto Rico and the Dominican Republic.

While it may seem like a fire would be easy to put out when you are surrounded by water, a fire is a one of the most serious risks onboard a cruise ship. Since cruise ships are enclosed with long hallways and similar small rooms, combine that with a high volume of people and that makes cruise ships one of the worst places for a fire emergency. Cruise ship fires can be particularly devastating, due to the fact that there are not many escape routes.

August 12, 2016

Child Falls From Roller Coaster At Pennsylvania Amusement Park

by Whittel & Melton, LLC

A boy has fallen from a classic wooden roller coaster at a western Pennsylvania amusement park.

A spokesman for Idlewild and SoakZone amusement park says the child fell from the ride Thursday afternoon.

A Westmoreland County emergency dispatcher says the child was conscious and airlifted to Children’s Hospital of Pittsburgh, about 50 miles west.

A park spokesman said he doesn’t know the boy’s condition or where he was on the ride when he fell. It is unknown whether the ride malfunctioned or if horseplay was involved.

The Roller Coaster opened in 1938 and takes riders up, down and around a wooded hillside. It doesn’t require seat belts, and children under 4 feet tall must be accompanied by an adult.

The accident comes four days after a 10-year-old boy was decapitated as he rode a water slide at a Kansas water park.

Roller coasters are enjoyed by children, adults and all thrill seekers, but what you may not know is that coasters are the most dangerous rides at an amusement or theme park. In recent years, more than 10,000 people have been treated in emergency rooms throughout the United States due to amusement park and roller coaster injuries. If a roller coaster accident, like a fall from the ride, was caused by negligence, an injury victim may be entitled to compensation from the owners of the park.

Roller coasters have various speeds, height, intensity, size, G-force, etc. Children are the most susceptible to injuries from a roller coaster mostly because of the amount of G-forces a body can tolerate at high speeds. All bodies react differently from intense G-forces, so where one person may walk away unscathed, another person could suffer back injuries, neck injuries, brain injuries, spinal cord injuries, blood clots and wrongful death. Roller coaster seat belt systems can also cause injuries to riders depending on the differences in height, weight and size. Another issue, as this case highlights, is the risk of falling out of coasters from extreme heights.

August 10, 2016

Child Decapitated On Water Slide At Kansas Park

by Whittel & Melton, LLC

A 10-year-old boy was decapitated as he rode a 168-foot tall waterslide at a waterpark in Kansas Sunday.

The boy was decapitated on the “Verruckt” raft ride at the Schlitterbahn WaterPark in Kansas City, Kansas.

The boy was in a raft with two women who were not related to him when he was killed. The women were treated for facial injuries.

The Guinness World Records has certified the ride as the tallest in the world.

At least two people who recently rode on “Verruckt” — German for “insane” — have said the nylon shoulder straps came loose during the ride. It is not clear at this time if the straps played any role in the boy’s death.

The park said Tuesday that “Verruckt” will be closed for the rest of the season.

“Verruckt” riders sit in multi-person rafts that begin with a steep drop, followed by a surge up a second hill before a 50-foot descent to a finishing pool. Each “Verruckt” rider must be at least 54 inches tall, and the combined body weight of the riders on each raft is limited to 400 to 550 pounds.

Riders are harnessed in with two nylon seatbelt-like straps — one that crosses the rider’s lap, the other stretching diagonally like a car shoulder seat belt. Each strap is held in place by long Velcro-style straps. Riders also hang on to ropes inside the raft.

Schlitterbahn in Kansas City has been sued for negligence at least three times, all in 2014, although none of those legal actions involved the waterslide.

Water parks, for the most part, provide fun and entertainment to thousands of people a day. However, they are sometimes the scene of serious accidents, like slip, trip and falls and drownings. As this case shows, people can be injured or tragically killed at water parks.

August 8, 2016

Deltona Skateboarder Critical After Being Struck By SUV

by Whittel & Melton, LLC

A teen on a skateboard in Deltona was critically injured Sunday after an SUV hit him.

According to Volusia County deputies, the incident occurred around 6:44 p.m. The SUV was traveling north on Providence Boulevard near Tacoma Avenue when the victim entered the roadway from the sidewalk.

The SUV struck the victim, who was subsequently transported to Central Florida Regional Hospital.

The victim is still listed in critical condition.

Skateboarding is a popular sport across all age groups, and is especially popular in Florida with its year-round warm climate. Sadly, many skateboarders are seriously injured when they are hit by oncoming traffic. Since skateboarders are exposed and have virtually no protection from vehicles, any impact can result in significant harm. To make matters worse, in most skateboarder vs. car accidents, drivers will try to manipulate the facts to place the blame on the skateboarder.

August 4, 2016

Florida Truck Driver Charged in Wreck That Killed Family of 5

by Whittel & Melton, LLC

A truck driver that was arrested in a crash on Interstate 80 that killed a Minnesota couple and their three children has his first court appearance Tuesday.

The Keith County Court’s office said the 53-year-old Baker, Florida man, is facing five counts of felony motor vehicle homicide and one count of reckless driving.

He is being held on $100,000 bond.

A Nebraska State Patrol affidavit says the man was inattentive and speeding through a construction zone Sunday when his semitrailer smashed into the back of a minivan and other vehicles. The minivan was carrying a 29-year-old St. Paul couple, and their three children.

Collisions with large trucks usually end in fatalities. Sadly, passenger vehicles are no match for the size and weight of semis and tractor trailers. While nothing can bring back loved ones killed in truck accidents, the law does provide a legal remedy for surviving family members to ease any financial burdens through what is called a wrongful death lawsuit. If a truck driver’s reckless or negligent actions resulted in a crash that killed another person, they can be held legally liable for any harm caused.

Wrongful death claims can be complex when dealing with a trucking company. There are many aspects that must be properly investigated, including the driver logs, the truck itself and all other relevant documents that could point to regulation violations.