Personal Injury Attorney

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.

March 17, 2016

Bus Stop Pads Coming to Flagler County

by Whittel & Melton, LLC

The city of Palm Coast introduced plans Tuesday that will help protect students from getting hit by vehicles.

The Flagler county school district said five students have been hit this year, including one killed, while going to or from school.

The city says more than 5,000 students ride a bus to school.

On Tuesday, council members decided to put a pilot plan in place to install concrete bus stop pads where students will be able to stand.

The idea is to provide children with a place to wait that is off the street, adding a level of protection. When kids have no place to stand, they tend to roam around, run around, jump and play, which could easily lead to a collision with a moving vehicle.

The city will start with three bus stop pads at cost of between $800-$900 each. It also plans to add additional signs so drivers know it’s a bus stop.

While this certainly won’t solve all the problems with children and bus stop accidents, it’s a way to start. Many bus stops are along busy streets, and at certain times of the year, low-light conditions can make it harder for drivers to spot children who are in the road. Bus drivers may also have trouble seeing kids, especially when they unexpectedly move behind, under, or in front of the bus at a bus stop.

When waiting for the bus, children should be made aware of the following precautions:

Stay at least 10 feet back from the edge of the road.
Wait for the bus to stop completely before boarding.
After getting off the bus, wait for the bus driver to signal that it is OK to cross the street.
Use the handrail when entering or leaving the bus.
Never walk behind the bus.

March 16, 2016

Uber Facing Lawsuit for Wreck Causing Brain Damage in Miami Beach

by Whittel & Melton, LLC

Uber is facing a lawsuit after one of its drivers crashed while leaving a hotel in Miami Beach.

This collision caused massive brain damage to a nurse visiting from South Carolina.

The lawsuit is the latest against ride-sharing services involved in traffic crashes in Miami-Dade, and comes as the county commission is considering legislation to regulate the business of Uber and its smaller competitor, Lyft.

The suit was filed by the nurse and her husband who were in town for a medical conference back in December. That afternoon, the couple used Uber for a ride from a driver who drove a 2009 Nissan Murano.

According to a police report and the lawsuit, the driver crashed into another car immediately after turning into traffic along Collins Avenue after leaving the hotel. She was cited for failing to yield to oncoming traffic.

The nurse, who specializes in the administration of anesthesia, suffered injuries to her brain and has undergone several surgeries. The nurse’s husband broke his leg in the crash.

According to reports, for now, the woman must wear a helmet to protect her skull before another surgery scheduled later this month.

The popularity of Uber and Lyft – which contract with drivers who use a smartphone app to accept requests for rides – have definitely increased in South Florida and across the country in recent years. However, this is not the first lawsuit that has come up regarding the rideshare apps.

The nurse’s lawsuit is at least the third against a ride-sharing service involved in a crash in the past six months. Each of these cases centers on drivers paying attention to their smart phones, and not the road.

In January, Uber was sued by the relatives of a Miami-Dade College student who was killed in a crash in Kendall. The Uber driver was not faulted in the crash.

Back in November, Lyft was slapped with a lawsuit by the family of a 29-year-old who was thrown off his motorcycle and killed after a crash with a ride-sharing driver in Wynwood.

In the nurse’s suit, the lawsuit alleges Uber failed to realize that the driver “was not qualified, had not received sufficient training and was not being supervised” properly.

The rise in popularity of Uber, as well as Lyft, has spurred much controversy from taxi drivers as local governments have struggled with how to legalize the operations. Miami-Dade county regulators say Uber drivers violate for-hire rules, but the popularity of the service has put enormous pressure on commissioners.

Both companies require a good amount of part-time drivers to provide both the blanket coverage and competitive rates that have made the services so popular.

Broward County initially required fingerprinting drivers, but backed after both Uber and Lyft made threats to leave the market last summer. By the fall, Broward had adopted legislation pushed by the companies.

After a Michigan Uber driver was arrested and charged with fatally shooting six people, Miami-Dade commissioners have threatened to impose a fingerprint requirement. The commission will vote in May.

It will be interesting to see how this suit plays out in the court system as it is likely that this issue will to continue to be a problem.

Remember, if you have been injured or have lost someone you care for as a direct result of someone else’s negligence or carelessness, our South Florida Injury Lawyers at Whittel & Melto are ready and able to assist you with your case. Your personal injury and wrongful death consultations are free of charge, and we are always happy to discuss what we can do for you.

March 10, 2016

Florida Roads Alluring & Deadly for Motorcycle Riders

by Whittel & Melton, LLC

The state of Florida leads the nation in the number of motorcycle fatalities, according to a recent report by the National Highway Traffic Safety Administration.

Florida had 467 riders killed in 2013, the most recent year for such statistics. That’s 10 more than Texas, the state with the second highest number.

A Look At The Numbers

There were 8.4 million motorcycles on U.S. roads in 2013, an increase from 8 million in 2009.
56 out of every 100,000 registered motorcycles was involved in a fatal crash in 2013, compared to 9 out of every 100,000 passenger cars.
From 2004 to 2013, fatalities among the 40-and-older age group increased 39 percent, compared to 16 percent for all ages.

Two weekend crashes adds to these numbers.

A 56-year-old woman from Tampa died Friday afternoon after the motorcycle she was a passenger on collided with a car on State Road 20 near Hawthorne. The man driving the motorcycle was taken to UF Health Shands Hospital in critical condition. According to the Florida Highway Patrol, neither person on the motorcycle was wearing a helmet.

On Sunday, a 44-year-old man from Loxahatchee died in Marion County when his 2006 Harley Davidson hit a dip in Southeast 182nd Avenue and overturned. The man, who was not wearing a helmet, was airlifted to Ocala Regional Medical Center, where he was pronounced dead.

Nearly 50 percent of the bikers who died in an accident in 2013 were not wearing helmets, according to the NHTSA report. Helmets are not required by law in Florida.

Motorcycle accidents can happen so quickly. In a matter of seconds you can go from enjoying your regular motorcycle ride to lying on the road or in a hospital bed. Now you are facing physical pain and disability, significant medical bills, lost wages, and other life-impacting damages.

Like most motorcycle accident victims, you will have lots of questions that you need answered, like how to pursue financial compensation for damages, how to hold responsible parties liable, and how much will legal help cost you.

At Whittel & Melton, our Florida Motorcycle Accident Lawyers are effective negotiators and aggressive trial lawyers who refuse to settle for anything less than what you deserve. We will explore every possible option in order to obtain the best outcome for you. We operate on a contingency fee basis, meaning you don’t pay us unless or until we recover money on your behalf.