Personal Injury Attorney

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

October 8, 2015

Coast Guard Calls Off Search for El Faro

by Whittel & Melton, LLC

The Coast Guard announced today its plans to end its search at sunset for 33 missing crew members from a U.S. cargo ship that sank last week during Hurricane Joaquin.

Coast Guard officials made the announcement at a 3 p.m. news conference Wednesday.

The 790-foot cargo ship sank Thursday off the Bahamas during Hurricane Joaquin, a Category 4 storm with 140 mph winds that was producing 50-foot waves.

Officials believe the ship’s captain had plans to go around the storm as he headed from Jacksonville, Florida, to Puerto Rico but the El Faro fell victim to unexplained engine failure that left it unable to avoid the storm.

Federal investigators announced they still hope to recover a data recorder from the ship as search crews continue looking for any survivors.

The National Transportation Safety Board sent a team to Jacksonville on Tuesday to begin the agency’s inquiry, which will help get to the bottom of the question of why the captain, crew and owners of El Faro decided to risk sailing in hurricane waters.

Another unanswered question is whether the five workers whose job was to prepare the engine room for a retrofitting had any role in the boat’s loss of power, which set the vessel adrift in the stormy seas. Officials from Tote Inc., the vessel’s owner, do not believe this to be true. However, the answers determined will help investigators figure out why the boat apparently sank near the Bahamas, possibly claiming the lives of all 33 aboard.

The ship is believed to have gone down in 15,000 feet of water after reporting its last known position last Thursday. One unidentified body has been found.

When the El Faro left Jacksonville on Sept. 29, five workers from Poland came along with 28 U.S. crew members to do some preparatory work in the engine room, according to reports. It is not believed that this work would have had anything to do with what affected the propulsion.

The El Faro had no history of engine failure, and company records show it underwent its last annual Coast Guard inspection in March.

The American Bureau of Shipping, a nonprofit organization that sets safety and other standards for ships, did full hull and machinery inspections in February and reported no problems.

The loss of this vessel is undoubtedly a tragedy to all parties involved, including the families of the missing crew. If negligence was a factor in this accident, which resulted in engine failure, this could be grounds for a wrongful death lawsuit, or an injury suit if any survivors are located.
Continue reading

October 7, 2015

El Faro Likely Sank In Hurricane Joaquin

by Whittel & Melton, LLC

The Coast Guard announced Monday that the El Faro, a cargo ship that left Jacksonville on September 29 for a routine trip to Puerto Rico, likely sank in the Atlantic while caught in the powerful Category 4 Hurricane Joaquin.

On board were 33 crew members.

Crews have found items from the ship, including several survival suits, a life ring and two lifeboats. One of the suits had a body in it that has yet to be identified.

The spot where they think they ship sank is 15,000-feet deep and somewhere near Crooked Island in the Bahamas. All communications were lost at 7:20 a.m. Thursday.

Following the search and rescue mission, the National Transportation Safety Board and Coast Guard will start their investigations.

According to records obtained from the American Bureau of Shipping, the El Faro had up-to-date safety inspections. The ship was last inspected by ABS on Feb. 13. It received annual endorsements for Load Line, Cargo Ship Safety Construction, and Cargo Ship Safety Equipment. According to ABS, the El Faro had no statutory deficiencies as of its last reporting.

Tim Nolan, president of TOTE Maritime, which owns El Faro, released a statement Monday afternoon:

“At this point in time, the entire TOTE Maritime Puerto Rico family is distressed that it now appears the El Faro sank at or near its last known position on Thursday October 1, 2015. We continue to hold out hope for survivors. Our prayers and thoughts go out to the family members and we will continue to do all we can to support them. The efforts and assistance from the US Coast Guard has been extraordinary and we continue to be grateful for their dedication and efforts to find surviving crew members. TOTE Maritime Puerto Rico continues to work closely with the Coast Guard in ongoing search and rescue.”

While the media and public might believe the ship is gone, Coast Guard search teams as well as families of the missing crew still have hope that they will find survivors. Hurricane weather conditions do make survival more difficult, but it is important to note that a person can survive four or five days in warm water.

October 5, 2015

This Week is Fire Prevention Safety Week

by Whittel & Melton, LLC

While fire safety should be a focus every day of the year, this week is Fire Prevention Week and serves as a timely opportunity to share smoke alarm safety reminders. Now is the time to test your smoke alarms and replace the batteries. Working smoke alarms actually cut the chance of dying in a fire in half. On that same note, three out of five fire deaths last year resulted from fires in homes with no smoke alarms or no working smoke alarms.

Smoke alarms should be tested monthly and replaced every ten years. Smoke alarms with non-replaceable, ten-year batteries should last for up to ten years and be replaced after that. Any other type of smoke alarm with a replaceable battery should have its batteries replaced once a year. Any time a smoke alarm beeps, this serves as a warning that the battery is low and that smoke alarm and battery immediately.

Here are some smoke alarm safety tips:

Install smoke alarms in every bedroom, outside each separate sleeping area and on every level of the home, including the basement.
Interconnect all smoke alarms in the house so that when one sounds, they all do.
Test alarms at least monthly by pushing the test button.
Replace all smoke alarms when they are 10 years old or sooner if they do not respond properly.
Make sure everyone in the home knows what the smoke alarm sounds like and knows what to do when they hear it.
If the smoke alarm sounds, get outside and stay outside.
If a fire does occur at your home, call the fire department from outside the house.

An important thing to remember about your smoke alarm is that its location does matter. Most fatal fires occur at night when people are asleep. The sad truth is that often, victims never wake up. A working smoke alarm will detect smoke and sound an alarm to alert you, giving you the time needed to escape. Remember the message behind this year’s Fire Prevention Week campaign: “Beep Where You Sleep. Every Bedroom Needs a Working Smoke Alarm!”

October 2, 2015

Bronson Woman Killed, Teen Injured in Levy County Crash

by Whittel & Melton, LLC

A 34-year-old Bronson woman was killed in a traffic crash in Levy County Wednesday morning.

A 15-year-old female passenger, also from Bronson, was seriously injured in the accident, which occurred around 6:43 a.m. on U.S. 27.

According to the Florida Highway Patrol, the woman was driving a 2002 Ford Explorer west in the outside lane and lost control of the sport utility vehicle. It veered onto the shoulder for about 120 feet before hitting a tree.

The woman was pronounced dead at the scene.

If you have been seriously injured, or if you have had a loved one killed in an accident in Florida where the vehicle left the roadway and struck a tree, pole, barrier, house, parked car or other fixed object, you are probably seeking answers to your legal questions. A Levy County Auto Accident Injury Lawyer at Whittel & Melton can help you get the answers you are looking for during this difficult time.

Auto accidents in which a car, truck or SUV exits the roadway and hits a tree, utility pole, building, traffic barrier or some other fixed object are some of the most deadly types of motor vehicle accidents. Auto accidents involving a vehicle that left the street, roadway or highway and struck a fixed object are responsible for 20 percent of deaths across the country each year.

September 24, 2015

Man Killed in Motorcycle Crash in Altoona

by Whittel & Melton, LLC

A 23-year-old man died after losing control of his motorcycle at about 7:05 p.m. Sunday night at County Road 42 and Rea Way in Altoona.

According to the Florida Highway Patrol, the St. Augustine man was traveling westbound on CR-42 at a high rate of speed on his 2015 Yamaha.

According to the report, when he entered a curve in the road, he lost control and struck a power pole.

The man was transported to Florida Hospital Waterman, where he later died.

The driver was wearing a helmet. Police are looking into whether alcohol was a factor.

Troopers said the crash is still currently under investigation.

Speeding, alcohol, or drug use, as well as disobeying traffic laws greatly increases the chances of a serious accident. While most bikers take precautions to avoid accidents, all too often other driver’s mistakes lead to unfortunate collisions. Even when all safety measures have been observed, there is no way to eliminate the risk, even for the most skilled motorcyclists.

Any motorcyclist who has been involved in a Florida wreck and sustained any type of injury should consult with a Florida Motorcycle Accident Lawyer at Whittel & Melton. You deserve to be fully compensated for injuries caused by another motorist. Families who have lost a loved one may be able to seek compensation by filing a wrongful death claim. We realize that these are tragic situations and are extremely difficult for everyone involved.

September 23, 2015

One Injured in Crash with Seminole County Fire Truck Near Winter Springs

by Whittel & Melton, LLC

One person was taken to the hospital after a crash involving a car and a Seminole County fire truck Wednesday morning.

The crash occurred around 10:40 a.m. on Red Bug Lake Road near Tuskawilla Road, near the entrance to the Willa Springs Shopping Plaza.

Seminole County fire officials believe the truck was responding to a call when the crash happened.

The driver of the car was taken to Orlando Regional Medical Center. At this time, it is unknown how severe the driver’s’ injuries were.

The Florida Highway Patrol is currently investigating what caused the crash.

Fire trucks throughout the United States have a duty to operate in emergency service, which only contributes to the likelihood of a motor vehicle accident, especially when there is heavy traffic. The National Highway Traffic Safety Administration estimates that more than 2,000 fire truck accidents happen throughout the country each and every year. More than 1,000 injuries are associated with fire truck collisions, on average, which is quite concerning to motorists everywhere.

Reports indicate that fire truck crashes may occur as many as twice a week in some of the more urban cities in Florida. Despite the fact that all fire trucks have loud sirens, honking horns, and bright lights flashing, some heavily trafficked areas make it impossible to get out of the way. In these cases, an accident is highly likely to occur and serious injuries may result.

September 15, 2015

Buckle Up for Child Passenger Safety Week

by Whittel & Melton, LLC

September 14 kicks off the first day of Child Passenger Safety week and experts are once again reminding parents to make sure their child car seat is installed correctly.

Experts believe some parents are letting their children use a regular safety belt too soon.

According to the National Highway Traffic Safety Administration, seat belts should lie across the upper thighs and be snug across the shoulder and chest to restrain your child safely in a crash. It should not rest on the stomach area or across the neck or face.

Children who have outgrown their car seat by weight or height should use a booster seat until they reach 4 feet 9 inches tall, according to the NHTSA. The use of booster seats can also reduce injuries by 45 percent compared to using an adult safety belt alone.

They recommend keeping all children in the back seat until age 13.

Some other basic rules to follow are listed below:

Make sure the car seat is properly installed
Make sure the child is securely fastened
Make sure the buckle is at armpit level

The Florida Department of Highway Safety and Motor Vehicles requires that every driver on Florida roads use a car seat that is crash-tested and federally approved for any child 5 years old or under. According to the NHTSA, when properly restrained, infants have a 71 percent greater chance of surviving a car crash and toddlers have a 54 percent decrease in the risk of death.

Our Florida Auto Accident Injury Lawyer at Whittel & Melton encourage all Florida drivers to buckle up. We urge parents and caregivers to take extra care in buckling up little ones. Using a proper child safety seat is one of the most important steps you can take for keeping your child safe.