Personal Injury Attorney

May 6, 2016

Five Hospitalized Due to Severe Turbulence on Allegiant Air Flight

by Whittel & Melton, LLC

Three passengers and two flight attendants have been hospitalized after suffering from head injuries after an Allegiant Airlines flight en route to Pittsburgh experienced severe turbulence.

According to the FAA, Allegiant 7001, an Airbus A319 aircraft, diverted to Fort Lauderdale-Hollywood International Airport in Florida after several injuries were reported on board due to the severe turbulence.

The flight originated in Punta Cana, Dominican Republic, and was headed to Pittsburgh International Airport.

According to Allegiant, there were 137 passengers and six crew members on board the flight.

The five people taken to the hospital sustained head injuries. It is not immediately clear their condition.

Allegiant Air issued the following statement: “The airline is currently working to accommodate all passengers and develop a plan for getting all passengers safely to their destination. Passengers are currently being cleared through customs.”

Turbulence is a common occurrence during any high altitude flight, but sadly it can also result in the injury of passengers, as this case shows. If proper protocols are not followed or if passengers are not in their seats when experiencing sudden shifts and jolts, then serious injuries can arise.

Airline workers negligence can be a factor in turbulence-related injuries on aircrafts. When flight attendants, pilots or crew members fail to abide by proper safety procedures or do not take the necessary actions to prevent injuries, then the airline and its employees can be held responsible for any costs associated with injuries that result from that negligence.

May 4, 2016

19-Year-Old Motorcyclist Killed in Hillsborough County Crash

by Whittel & Melton, LLC

A 19-year-old Tampa man was killed in a motorcycle accident late Saturday night.

According to the Florida Highway Patrol, a 2005 BMW was traveling northbound on Reflections Club Drive approaching SR-580 (Hillsborough Ave).

The 19-year-old was traveling eastbound on SR-580 in the outside lane approaching Reflections Club Drive on a 2004 Yamaha motorcycle.

Troopers believe the driver of the BMW failed to yield right-of-way for the motorcycle and attempted to make a left turn onto westbound SR-580.

According to reports, the biker tried to break but ended up colliding with BMW. He was ejected from the motorcycle and died at the scene.

Charges are pending. There were no other injuries reported.

Motorcyclists must adhere to the same right-of-way rules as drivers of passenger vehicles. However, the sad truth is that many drivers fail to follow these rules and violate a biker’s right of way.

If you were injured or lost a loved one in a motorcycle accident caused by another driver’s failure to yield, you may be entitled to financial compensation for your injuries and losses. Motorcycle collisions involving a bike and another automobile are too common and are often caused by the other driver’s failure to yield. Failure-to-yield motorcycle accidents occur when:

A driver turns in front of a motorcyclist without using proper turn signals
A driver fails to check their blind spot and sideswipes a motorcycle
A driver runs a biker off the road or into oncoming traffic

April 22, 2016

City Garbage Truck Driver Causes Crash in Tallahassee

by Whittel & Melton, LLC

According to police, a city solid waste truck collided with a sports utility vehicle early Thursday in Tallahassee.

The SUV’s driver died of his injuries at a hospital.

The truck’s driver was not injured.

No additional information is available at this time.

Homicide investigators are interviewing witnesses and reviewing evidence from the crash.

Garbage trucks provide a critical service to the community – they haul and dispose of waste. But just like any large vehicle on the roadway, when an accident happens, garbage trucks can cause serious injuries like brain injuries, spinal cord trauma and even wrongful death.

Our Truck Accident Lawyers at Whittel & Melon know that trucking accidents are quite serious matters, which is why we conduct an in-depth investigation into the cause of the crash so that we can hold all negligent parties accountable for your losses. We leave no stone unturned and will obtain and analyze the driving history of the garbage truck driver and the maintenance records for the vehicle, interview witnesses, review the accident scene, and even hire accident reconstruction and engineering experts to inspect the crash site. We make sure your rights are protected.

April 11, 2016

Man in Wheelchair Killed in Truck Crash in Osceola County

by Whittel & Melton, LLC

A man in a wheelchair died Tuesday morning after he was hit by a box truck in Osceola County.

According to the Florida Highway Patrol, the crash happened at about 9:45 a.m. on U.S. 192 at the intersection of International Drive.

The 82-year-old Celebration man was travelling southbound in a motorized wheelchair on International Drive when he tried to cross U.S. 192. That’s when a box truck driven by a 35-year-old Kissimmee man struck the man in the wheelchair as the truck tried to turn right onto U.S. 192, troopers said.

The man in the wheelchair was taken to Florida Hospital Celebration Health, where he passed away.

The crash is currently under investigation.

Did you know that everyday drivers share the roads with countless 80,000-pound semi-trucks and other commercial vehicles whose drivers are working to complete their routes in the least amount of time possible? Due to time constraints, they often cut corners when it comes to safety regulations, not to mention they can become easily distracted from the primary task at hand – driving their truck safely.

The sheer force of a collision with a commercial vehicle, especially a fully loaded 18-wheeler, is far greater than the force of just your typical car wreck between passenger vehicles. The weight of a truck combined with speed and a negligent driver is truly a recipe for disaster.

Truck drivers, just like drivers of other vehicle, can be easily distracted due to:

Texting or talking on cell phone
GPS system or radio use
Eating, drinking or smoking while driving
Reading while driving
Driver fatigue

April 7, 2016

Distracted Driving Kills: April Highlights Dangers of Distracted Driving

by Whittel & Melton, LLC

April is Distracted Driving Awareness Month. The purpose of this initiative by the National Highway Traffic Safety Administration is to promote safe driving practices.

Much of distracted driving centers on cellphone use while driving. Texting and talking on the phone while driving is a huge issue among all age groups, but especially teen drivers. People might think they are capable of driving while texting, but the truth is they are paying more attention to their phone than the road. Even hands-free options are not 100 percent distraction free – people can get more involved in their conversation than the main task at hand. If talking or texting on your phone is something you do, try keeping your phone in the back seat when you are driving. You will be less tempted to grab it at red lights or mess with it while sitting in traffic.

Cell phones are not the only distraction to drivers, people can be distracted by eating, drinking, and even other passengers. While fast food was sort of invented for people on the run, there is no way to stay focused on the road when you are unwrapping a burger or shovelling french fries in your mouth. Most drivers also fail to realize how distracting other passengers can be – screaming kids, rambunctious teens, etc. can all take your attention off the road. In these types of situations, it is actually best to pull the car over and handle whatever you need.

Distracted driving is a major problem on Florida roads, resulting in accidents, injuries, and deaths. According to the the NHTSA, 3,129 people were killed distracted driving accidents in 2014.

Distractions take your eyes off the road, hands off the steering wheel, and your mind away from driving. Distracted driving leads to serious injuries and sometimes, death.

April 6, 2016

Dozens Ill After Carbon Monoxide Leak at Miami Office

by Whittel & Melton, LLC

Dozens of people have fallen ill after a carbon monoxide leak at a Miami office building.

According to Miami-Dade Fire Rescue, high levels of carbon monoxide were found on the second floor Monday afternoon.

Miami-Dade Fire Rescue spokeswoman said several people were showing signs of carbon monoxide poisoning.

At least 17 people were taken to hospitals, while dozens more were treated at the scene and released.

About 80 people were sent home because they felt sick. Approximately 400 people work at the building.

Officials say the source of the leak came from the drains in the first floor bathrooms.

Reports indicate that an environmental assessment company has been contacted to ensure necessary repairs are made.

Carbon monoxide is a colorless, odorless gas by-product that interferes with the delivery of oxygen in the blood to the rest of the body. It is often referred to as the “silent killer.” This type of toxic exposure usually results in physical problems, neurological problems, and even death.

Symptoms of carbon monoxide poisoning are often confused with the flu or food poisoning. Depending on the amount inhaled, this gas can cause:

Dizziness
Nausea
Chest Pain
Headaches
Confusion
Fatigue
Death

March 30, 2016

Man On Scooter Injured in Pinellas County Crash

by Whittel & Melton, LLC

A 26-year-old man on a scooter suffered serious injuries after a crash Tuesday morning in Clearwater.

According to police, the man was riding a scooter that collided with an SUV just before 7 a.m. on Belcher Road just north of Drew Street.

The man is in critical condition at Bayfront Health St. Petersburg.

Officers believe the man was travelling northbound on Belcher Road on his scooter when the 48-year-old driver of the SUV tried to exit a convenience store parking lot to go southbound on Belcher, triggering the collision.

Authorities claim the scooter driver was not wearing a helmet.

An investigation into the crash is pending.

Scooter vs. automobile accidents can be deadly, strictly due to the size and lack of protection that a scooter provides to a driver. If a scooter driver/passenger does survive, they are likely left suffering severe injuries. Most scooter accidents involve ejections and not wearing a helmet can only make these injuries more tragic.

There are many reasons for scooter vs. automobile accidents, including reckless or negligent driving, drivers failing to see the scooter, poor visibility/bad weather, roadway defects and even driver impairment. Regardless of what caused an accident, it is important to get an injury attorney involved right away to make sure all evidence is promptly collected, witnesses are interviewed and insurance companies involved are dealt with accordingly. Our Clearwater Injury Lawyers at Whittel & Melton know that these types of cases can be complex, mostly because insurance companies are quick to place the blame on the scooter driver. We can help make sure your rights are protected and that we do everything we can to recover full and fair compensation on your behalf for all injuries.

March 28, 2016

Drivers with Untreated Sleep Apnea Have 5 Times Greater Crash Risk

by Whittel & Melton, LLC

Truck drivers with untreated sleep apnea have a five times greater preventable crash risk than those who are being treated or do not have the ailment at all, according to a new study published in the journal Sleep on Monday.

Driving trucks while drowsy is quite dangerous. Even riskier are those with sleep problems.

“It’s estimated that up to 20 percent of all large truck crashes are due to drowsy or fatigued driving, which would account for almost 9,000 fatalities and up to 220,000 serious injuries,” says senior author Stefanos Kales from the Harvard Chan School.

March 22, 2016

It May Soon Be Illegal to Text & Walk in New Jersey – Could Florida Follow?

by Whittel & Melton, LLC

If a new bill becomes law, you might find yourself in jail for texting and walking in New Jersey.

Last week, New Jersey Legislature introduced a measure that would outlaw texting while walking. If it passes, the penalty could be a $50 fine, 15 days in jail or both.

New Jersey already has a distracted driving ban, violations of which can cost offenders up to $400 for the first infraction. Expanding the ban to walking would increase the state’s traffic safety laws even more.

Studies have found that texting can turn the simple act of walking into something much more perilous. Accidents related to distracted walking have jumped 35 percent since 2010, according to reports from CBS.

According to research from the University of Alabama at Birmingham, people texting while crossing the road are twice as likely to be hit by a car than people talking on their phones.

Distracted walking can be as deadly as distracted driving, according to recent reports. So the question is how can you stop people from using their cellular devices for music, conversations, reading emails and texts, and sending emails and texts while walking? New Jersey is hoping to put an end to the distracted walking by getting government involved, but others disagree and feel that personal responsibility should be emphasized.

There are not enough police officers to be at every intersection to fine or arrest every single person who is texting while crossing the street, so it is up to each individual to behave responsibly and to encourage everyone else to do so as well. This is more than just a courtesy reminder, it could very well be a matter of life and death.

At this time, Florida does not have any new bills similar to New Jersey’s that could soon be law. However, if the bill does pass and become law, we may see more states following with similar rules, especially if the number of injuries and deaths decrease. Only time will tell for now.

March 18, 2016

‘Chloe’s Law’ Requiring Retention Pond Guardrails Goes Into Effect July 1

by Whittel & Melton, LLC

Less than a year after a University of Central Florida student drowned after her car crashed into a pond, a law is being passed in her name that would require roadside guardrails in front of bodies of water.

Chloe’s Law has passed both the House and the Senate and will go into effect this summer.

With the passing of Chloe’s law, any site of a drowning-related traffic accident over the past ten years will be outfitted with a guardrail.

According to Federal crash data, 49 people in Florida died inside submerged vehicles from 2008 to 2012. No other state comes close to these alarming numbers. Texas, ranks No. 2, with 18 deaths, followed by Indiana with 14, and Arizona and Louisiana, each with 10.

According to the National Highway Traffic Safety Administration, counties with the highest concentration of motor vehicle drownings were:

Palm Beach
Broward
Miami-Dade

Orange, Duval, Lee and Collier Counties are tied for fourth place.

While it is true that guard rails won’t stop all accidents from occurring, strategically placed rails can reduce drowning fatalities from these types of collisions. In many cases, guard rails can turn what could be a fatal accident into a minor traffic incident.

If you or someone you love has been involved in any type of auto accident that resulted in serious injuries or death, you might have a claim for financial compensation if someone else is responsible for the incident, including when another driver’s negligent actions caused your car to travel off the road and into a body of water.