Personal Injury Attorney

December 1, 2015

Highway Death Toll Up 8.1% This Year

by Whittel & Melton, LLC

The death toll on U.S. highways rose 8.1 percent in the first half of 2015.

According to new figures from the Transportation Department, low fuel prices have contributed to a jump in miles driven by Americans.

The preliminary figures represent a “troubling departure” from a general downward trend over the past decade, the National Highway Traffic Safety Administration said in a report released Tuesday.

In 2014, the fatality rate hit an all-time low.

Americans drove about 51.9 billion miles more in the first half of 2015 than the same period last year, which equates to about a 3.5 percent increase, according to the NHTSA. Job growth and low fuel prices also may be factors in the sudden, unexpected surge in highway fatalities, the agency said. There was also more leisure travel and driving by young people, which can contribute to higher fatality rates.

The sad news is that the death rate also increased. Fatalities per million vehicle-miles driven rose in the first half of 2015 was 1.06 percent, or 4.4 percent higher than the same period in 2014.

In final figures for 2014, 32,675 people died in U.S. motor-vehicle crashes, a 0.1 percent decline from 2013. The fatality rate declined to 1.07 deaths per million vehicle-miles traveled, which was a record low for a complete year.

States in the Southeast — Florida, Alabama, Georgia, South Carolina and Tennessee — saw a 15 percent increase in fatalities. The second highest increase, 11 percent, was recorded in a group of Western states: Montana, Idaho, Oregon and Washington. California and Arizona saw no increase in fatalities, and the New England region saw an increase of 1 percent.

The biggest factors in traffic fatalities remain the lack of seatbelt use and drunk driving, according to reports. Nearly half of all people killed in road crashes do not wear seat belts, and one-third of all fatalities are in crashes involve intoxicated drivers.

Distracted driving accounted for 3,179 deaths in 2014, about 10 percent of the total. Drowsy driving was involved in 2.6 percent of the fatalities.

States without mandatory motorcycle helmet laws saw a “far higher” number of fatalities than states with mandatory helmet laws, according to reports. There were 1,565 motorcycle deaths in 2014.

Bicyclist deaths declined by 2.3 percent, but pedestrian deaths rose by 3.1 percent from the previous year. In 2014, there were 726 cyclists and 4,884 pedestrians killed in motor vehicle crashes.

November 23, 2015

Be Safe in the Kitchen This Thanksgiving

by Whittel & Melton, LLC

If you are like most Americans, you will likely be spending numerous hours in the kitchen over the Thanksgiving holiday. Unfortunately, that increased activity also leads to more chances of residential home fires, according to data from the National Fire Protection Association. According to reports, the Thanksgiving holiday sees three times the nation’s daily average in emergency fire accidents. Research shows that fires originating in the kitchen are the top reason for home fires and burn injuries. Last year, fire departments throughout the country replied to a median of almost 156,000 fires resulting from cooking mishaps, which led to 390 deaths and 4,800 injuries, not to mention a whopping $771 million in property damages.

Keeping all this in mind, please follow a few simple fire prevention safety steps this Thanksgiving holiday when you and your family are in the kitchen:

Keep items away from the stove or oven that may catch fire, including cloth mitts, wood items, and any kind of packaging. Other potential fire hazards to watch out for are rags or towels, aprons, clothes, and even drapes.
Never leave the stove or oven unattended, even if you are walking away for a few seconds. Turn the heat off whenever you leave the room. Many fires start because an oven or stove is left unsupervised for a very short amount of time.
Use timers to stay on top of cooking schedules and to avoid burning accidents that can result in fires.
If you do happen to start a small fire in a pan or oven, immediately cover it with a metal or glass lid and turn the heat off. If it does not extinguish after 30 seconds, call the fire department for immediate assistance.

November 22, 2015

Man on Scooter Struck and Killed in Cocoa Beach

by Whittel & Melton, LLC

A 75-year-old man trying to cross a street on a scooter recently in Brevard County died after he was struck by a vehicle.

According to reports, the Cocoa Beach man was attempting to cross Sixth Street at South Orlando Avenue in his electric mobility scooter around 6 p.m. when he was struck by a 2005 Toyota driven by an 18-year-old from Cocoa Beach.

The man was transported to an area hospital, where he later died. No charges have been filed at this time, according to police.

The investigation is ongoing.

Anyone who witnessed the crash is asked to call the Cocoa Beach Police Department at 321-868-3251.

Motorized wheelchair and scooter users in Florida have responsibilities, rights, and privileges similar to those of pedestrians. These vehicles can be legally operated on public sidewalks, park pathways, bicycle paths, rail trails, and in public buildings. While motorized scooters or mobility scooters should not be on public roads if there are any other options, they are allowed to cross at intersections just like pedestrians. They should only be operated on a roadway if there is no sidewalk, or the sidewalk is obstructed to the point that it is unsafe for use.

November 18, 2015

Ocala Teen Killed in I-75 Crash in Hernando County

by Whittel & Melton, LLC

An Ocala teenager was killed in a crash on Interstate 75 recently in Hernando County.

According to the Florida Highway Patrol, the 16-year-old was killed in the two-vehicle crash when he was ejected from his 1998 Ford Explorer.

Troopers believe the teen was driving north at 11:08 p.m. when he drove past a 2007 Hyundai Sonata and tried to move into the Sonata’s lane.

The Sonata’s driver, a 22-year-old of Tallahassee, swerved to avoid a crash and lost control of his vehicle.

The Hyundai collided with a guardrail. The 22-year-old suffered minor injuries.

The teen’s Explorer went into the center median and overturned. He was ejected and died at the scene.

The crash is still under investigation.

Car accidents are still the leading cause of death for teenagers in the United States, and teens are more likely than adults to get into motor vehicle collisions. According to the Centers for Disease Control and Prevention, thousands of teens die in car accidents every year, and nearly 300,000 nationwide are treated in emergency rooms for injuries related to car accidents. Teenagers and young adults account for roughly 14 percent of the national population, but make up 28 to 30 percent of the costs of car crash injuries.

November 3, 2015

NTSB Believes They Located El Faro

by Whittel & Melton, LLC

The National Transportation Safety Board believes El Faro, the cargo ship that went missing during Hurricane Joaquin, has been found in the Atlantic Ocean about 15,000 feet below the surface.

The NTSB said the USNS Apache used sonar equipment. The technology first detected the vessel Saturday afternoon.

Specialists on the Apache will use a deep ocean remotely operated vehicle to survey and confirm the identity of the wreckage. The survey could start as early as Sunday.

NTSB said the sonar detection is consistent with a 790-foot cargo ship. The vessel appears to be upright and in one piece.

If the vessel is confirmed to be El Faro, the remote will use a video camera to document the vessel and debris field in order to locate and recover the voyage data recorder.

El Faro went missing on Oct. 1 during Hurricane Joaquin. The Coast Guard searched for the boat for many days before the NTSB contracted the U.S. Navy to take over the search.

El Faro had 28 crew members from the United States and five from Poland. The ship was heading to Puerto Rico on Sept. 29 from Jacksonville on a regularly scheduled cargo supply run.

Reports indicate that the ship had lost power, had taken on water and was listing 15 degrees but that the situation was “manageable,” in their last communication, according to ship owner TOTE Maritime Puerto Rico.

Joaquin was a Category 4 hurricane when El Faro got caught in the storm. According to reports, the ship had 391 shipping
containers on board, making it quite top-heavy as it tried to navigate through Joaquin’s 50-foot waves.

Anyone who has spent time earning a living on the ocean knows that this is a risky trade. The unpredictability of the ocean places even the most experienced of sailors and the strongest of ships in constant danger. These conditions demand professionalism from all of the crew members of any sea vessel, whether it is a cruise ship, cargo ship, fishing boat, tugboat, or anything else. Any lack of competence places all the lives on board at risk.

Despite the fact that working on the ocean is inherently dangerous, this fact alone does not absolve the shipowner, captain or crew members from being at fault if one of their employees or fellow workers suffers an injury or death due to negligence.

October 26, 2015

Oklahoma State Homecoming Parade Ends in Fatalities

by Whittel & Melton, LLC

A driver smashed into a crowd of spectators Saturday during the Oklahoma State homecoming parade, killing four people, including a toddler, and injuring almost four dozen others, according to reports.

Police confirmed that the woman’s sedan struck an unoccupied motorcycle of an officer, who was working security at the parade, then continued into the crowd. The 25-year-old female driver was taken into custody on a charge of driving under the influence. Police are awaiting the results of blood tests to determine whether she was impaired by drugs or alcohol.

A 2-year-old boy was the latest to die from injuries caused by the morning crash.

On Sunday it was confirmed that a 23-year-old woman,a 65-year-old woman and a 65-year-old man were killed in the crash.

Reports indicate that 47 other people were injured in the collision, including five who remained in critical condition early Sunday.

Oklahoma State president Burns Hargis said there had been discussion about canceling the homecoming game Saturday afternoon against Kansas, but it was played as scheduled. The flag at Boone Pickens Stadium was lowered to half-staff, the victims were remembered with a moment of silence before kickoff, and most of the OSU players knelt on the sideline in prayer.

When a parade or parade float accidents occurs, it is usually due to negligence on the part of one of the drivers involved. When an accident of any kind happens due to another party’s negligence, including a motor vehicle collision like this one, injury victims and the families of those killed are entitled to financial compensation for medical expenses, pain and suffering as well as other damages.

October 21, 2015

This Week is National Teen Driver Safety Week

by Whittel & Melton, LLC

The National Highway Traffic Safety Administration has announced October 18 through the 24th is Teen Driver Safety Week. Traffic crashes are the leading cause of death for teens between the ages of 14 and 18 years old, and the NHTSA is hoping to raise awareness about the issues facing teen drivers and passengers.

During Teen Driver Safety Week, parents are highly encouraged to talk to their children about the “Five to Drive” rules and staying safe behind the wheel.

Teen Traffic Crash Statistics

In 2013, there were 2,614 teen drivers involved in fatal crashes.
Nearly one out of five teen drivers involved in fatal crashes had been drinking in 2013.
In 2013, almost one-third of teen drivers involved in fatal crashes were speeding.
64 percent of all the young passengers of teen drivers who died in car crashes weren’t restrained in 2013.
11 percent of teen drivers involved in fatal crashes in 2013 were reportedly distracted at the time of the crash.

Recent survey results show that only about 25 percent of parents have had a serious talk with their kids about the dangers that come along with driving. The NHTSA is urging parents to bring up the topic and discuss the key components of driving and the dangers facing their teen drivers.

Driver inexperience is not the only factor impacting teen drivers when they are behind the wheel. There are many added distractions for teens that can impact their safety- from texting while driving to extra peer passengers.

Teens can drastically reduce their chances of being involved in an injury causing or fatal crash by following the NHTSA’s “Five to Drive” rules.

The Five to Drive

No drinking and driving.
All passengers always buckle up.
Do not text and driver. EVER.
Do not speed.
Do not have more than one passenger in the vehicle at any time.

October 17, 2015

NTSB Releases First Report on El Faro Sinking

by Whittel & Melton, LLC

The National Transportation Safety Board released its preliminary report Thursday on the investigation into the El Faro tragedy.

According to their findings, the U.S. Coast Guard received distress alerts from the 737 foot cargo ship on October 1 around 7:15 a.m.

The ship was 36 nautical miles northeast of Acklins and Crooked Islands, Bahamas, and close to the eye of Hurricane Joaquin.

The ship was en route from Jacksonville to San Juan, Puerto Rico with a cargo of containers and vehicles.

According to the NTSB report, just a few minutes before the distress alerts, the El Faro master called TOTE Maritime’s designated person ashore and reported the ship was experiencing some flooding. He said the crew had controlled the flooding but the ship was listing at 15 degrees and lost propulsion.

The Coast Guard and TOTE were unable to reestablish communication with the ship. Of the 33 crew members on the Jacksonville-based ship, 28 were U.S. citizens and five were from Poland.

The Coast Guard deployed helicopters and search vessels to the ship’s last known position, but the search was halted due to hurricane force conditions.

The report stated that on Sunday, October 4, a damaged lifeboat, two damaged liferafts, and a deceased crewmember wearing an immersion suit were found. The next day, a debris field and oil slick were found, and the Coast Guard determined the El Faro was lost and declared the event a major marine casualty.

The Coast Guard suspended the unsuccessful search for survivors at sundown on Wednesday, October 7.

On Tuesday, October 6, the National Transportation Safety Board launched a full team to Jacksonville to lead the federal investigation in cooperation with the Coast Guard, the American Bureau of Shipping, and TOTE as parties.

The U.S. Navy Salvage and Diving division of the Naval Seas Systems Command was contracted to locate the sunken ship, assist in the sea floor documentation of the wreckage, and recover the voyage data recorder, according to reports.

Working on board cargo ships like the El Faro can be extremely dangerous. While out to sea, crew members put their lives on the line to ensure that the goods necessary for our daily lives arrive to where they need to be on time. They face dangerous weather conditions and the constant risk of being thrown overboard.

At Whittel & Melton, our Maritime Accident Lawyers are experienced and trained to represent injured seamen and their families, as well as the families of those who have lost loved ones on cargo vessels, like the El Faro. We will represent victims nationwide in maritime personal injury and wrongful death lawsuits.

In many cases, the surviving family members of those who are killed at sea are able to obtain wrongful death compensation under the Jones Act, Death on the High Seas Act, or Admiralty Law.

October 16, 2015

Motorcyclist Killed in Palmetto Crash on I-275

by Whittel & Melton, LLC

A motorcyclist was killed Friday after troopers believe he crashed into a guardrail along I-275 in Manatee County.

The crash occurred at 12:05 p.m. in the southbound lanes of I-275 near the interchange with I-75.

According to the Florida Highway Patrol, the 64-year-old Tarpon Springs man was riding a 2011 Harley-Davidson south on I-275 when he failed to navigate a right curve in the road.

The motorcycle traveled off the north shoulder and hit a guardrail. The man, who was not wearing a helmet, was ejected over the guardrail and landed on the grass shoulder.

The man was pronounced dead at the scene of the collision.

Collisions involving guardrails for motorcycle riders can result in tragic accidents, as this crash shows. Motorcycle riders sustain a significantly higher rate of fatality than occupants of other motor vehicles involved in a collision with a guardrail. While motorcyclists only account for around 2 percent of the vehicles on the road in the U.S., they make up 42 percent of all fatalities involving collisions with guardrails. The fatality risk for a collision involving a guardrail is nearly 80 times higher for motorcyclists compared to occupants of passenger vehicles.

October 12, 2015

Man Claims Boca Raton Nursing Home Failed to Save Mother from Choking

by Whittel & Melton, LLC

A Delray Beach man filed a wrongful death lawsuit Thursday against the Whitehall Boca where his 72-year-old mother was recuperating from pneumonia.

The man said his mother was suffering from a condition making it difficult for her to swallow or eat or drink solid foods.

In April, the man claims he was on the phone with his mother when she told him she felt like she was choking. He said he called the nursing home to alert them his mother needed help, but no one answered his calls.

According to reports, call records show a woman called 911 from the choking woman’s room and then hung up.

When dispatchers called back, the receptionist had no idea there was any trouble, and the nursing station did not answer.

Fire Rescue did respond, and documents Fischer show that the staff was not performing CPR, rather they were standing around the woman’s bed.

Reports indicate that the woman had not been breathing or responding for at least five minutes. The records also shows that the staff had not cleared the woman’s airway, which was clogged with vomit, which made her condition worse.

Wrongful death is a type of civil case, that is usually brought against a negligent party that has wrongfully caused the death of another party. In nursing home wrongful death cases, the victim’s loved ones are usually the one’s filing a lawsuit against the facility for negligence and/or abuse.

When considering filing a wrongful death lawsuit against a nursing home, there are several factors to consider, including:

If the death was caused somehow by the nursing home
If the conduct of the staff members, healthcare professionals, or caregivers at the nursing home contributed to the death
If there are surviving family members of the victim, such as a spouse, children, or other dependents and/or beneficiaries
If the victim’s death resulted in damages or pain and suffering