Personal Injury Attorney

July 15, 2015

Four Killed in U.S. 27 Crash in Frostproof

by Whittel & Melton, LLC

Four people are now dead after a crash Sunday night in Frostproof.

Around 10:15 p.m., a 29-year-old Avon Park man is believed to have lost control of his Dodge sedan on southbound U.S. 27 between County Road 630-A and U.S. 98, according to the Polk County Sheriff’s Office.

The Dodge exited the roadway, struck a concrete culvert and came to rest in a drainage ditch.

First responders found two passengers dead: a 38-year-old Frostproof man and a 28-year-old Eustis man.

The driver and another passenger, a 33-year-old Frostproof man, were airlifted to Lakeland Regional Health. One man passed away the same day and another died Monday.

Police believe a second car may have been involved. They suspect a 1990s black Honda with a light-colored left-front fender may have been in the area. The car would have been heading south on U.S. 27. Anyone with information about this vehicle is asked to call Deputy Sheriff Johnnie Wombles at 863-297-1109.

Across the United States, on average, a person dies in a car accident every 12 minutes. Car accidents are the leading cause of death for all people under 35.

Most auto accident fatalities are entirely preventable, resulting from driver negligence. When one driver’s negligent actions behind the wheel causes the death of another person, survivors of the victim are entitled to make a claim for financial compensation for the wrongful death of their loved one.

While no amount of money can compensate for the loss of a human life, making a wrongful death claim for an auto accident fatality is not really about the money, it’s about accountability and making careless drivers face up to the tragedy they have caused a family. Nothing can bring the person back, but holding the wrongdoer accountable can be of some comfort and possibly prevent future similar accidents.

July 10, 2015

Tampa Boy Hit By Car While Riding Bike

by Whittel & Melton, LLC

An 8-year-old boy was seriously harmed after being struck by car while riding his bicycle, according to Tampa police.

The crash occurred at about 2:15 p.m. at the intersection of Linebaugh and Taliaferro avenues.

Police believe the boy was riding his bicycle north on Taliaferro Avenue when he rode into the vehicle’s path. Witnesses claim the driver was not speeding at the time.

Police allege the boy was not wearing a helmet at the time, and that some of his injuries appear to be from hitting his head on the pavement.

The boy is currently being treated at Tampa General Hospital.

Bicycle accidents typically involve a drunk or distracted driver. Sometimes these accidents are the mistake of an inexperienced motorist. The sad reality is that bicycle collisions with cars account for a large amount of catastrophic injuries and wrongful deaths on Florida roadways. Driver negligence often plays a part in these crashes, usually consists of running a stop sign, driving under the influence of drugs or alcohol, failing to yield to the biker or being inattentive while backing out of a driveway.

A bicycle accident can cause severe emotional trauma in addition to physical injury. A human body on a bicycle is hardly a match for a powerful automobile or impact with hard pavement. Even the most experienced bikers can be injured in one of these accidents.

If you have been injured in a bicycle accident in Florida, you could be entitled to financial recovery for:

Medical bills
Lost Wages
Loss of Earning Capacity
Pain and Suffering
Emotional Distress
Disfigurement

July 8, 2015

Orlando Eye Re-Opens After Passengers Stuck for Hours

by Whittel & Melton, LLC

Orlando Eye officials have confirmed that the ride was officially re-opened, almost 24 hours after it was shut down.

Officials said that after conducting a thorough inspection, technicians were able to resolve the default that monitors the wheel’s position.

According to reports, some passengers were stuck on board the Orlando Eye for nearly two hours on Friday. The ride stopped and guests were stranded on the large observation wheel around 3:45 p.m.

“The operating systems for the Orlando Eye indicated a technical default with the system that monitors the wheel position of the Orlando Eye,” said a spokesperson for the attraction on International Drive. “As a safety precaution, the attraction is designed to automatically shut down if communication with this system is interrupted.”

People remained in the capsules while engineers and technicians worked to fix the issue. No injuries have been reported.

One of the Orlando Eye passengers told FOX 35 that she had been stuck for 90 minutes before fire trucks began to assemble below. She stated that the enclosed capsule had no fresh air being pumped through it at the time.

“Immediately following the default, the operations team began working to resolve the matter to allow guests to disembark the attraction,” according to a spokesperson for the Orlando Eye. “A backup system was employed that allowed capsules to be moved to the platform and opened manually.”

Reports indicate that operators of the Orlando Eye maintained constant communication with passengers during the event. As of now, operations have been fully restored.

Millions of visitors come to the Orlando area every year, and Orlando-area rides and amusement parks are a big reason why people choose this area as their vacation spot. The theme park business is highly competitive, and theme parks are always looking for the fastest, scariest rides that provide the greatest thrills to guests. The sad truth is that some of these rides that are designed to appear dangerous actually are. Due to negligent design, poor maintenance and other factors, many people can suffer serious harm on these rides.

July 2, 2015

Fourth of July Road Dangers

by Whittel & Melton, LLC

Fireworks are definitely dangerous, but they are not the only dangers to avoid this Fourth of July weekend. The roadways are especially hazardous during the summer holidays. When you are traveling to or from an Independence Day party this year, please remember to be on the look out for reckless drivers.

Here are a few dangers to try and avoid this Fourth of July:

Drunk drivers. Think about it, almost every Florida Independence Day celebration will have alcohol. Partygoers who are drinking at parties and such should not get behind the wheel of a car. If you see a car weaving or dodging in and out of traffic, keep your distance. If you have a passenger with you, consider notifying authorities.
Drowsy Drivers. Many holiday drivers are travelling lengthy distances to get to their final destination. Those who have been driving for hours may be feeling fatigued. Drowsy driving is often as dangerous as drunk drivers, so stay alert.
Distracted Drivers. Keep in mind that many travelers on Florida roadways are from out of town and have never been to the area before. Taking your eyes off the road for just a few seconds to look at a navigation device can have devastating results. Avoid being a distracted driver by staying off your cell phone and having other passengers check your GPS or phone for you.
Speeding Drivers. People that are anxious to get where they are going may decide to speed or drive recklessly. Make sure you obey the posted speed limits and monitor your speed if there is heavy traffic.

June 29, 2015

Uber Facing $2 Million Lawsuit Following Assault of Teen Girl

by Whittel & Melton, LLC

The mother of a 13-year-old girl is suing Uber and one of its drivers after the driver was convicted of sexually assaulting the young girl earlier this year.

The man convicted of sexual assault is a driver for Uber. The man drove a young teen girl from her home to her middle school 10 to 20 times between October and November of last year. The lawsuit alleges the man made several inappropriate sexual comments, offered to buy the girl panties and asked her to not get another boyfriend.

The police were notified after the girl told her mother the man rubbed her inner thigh. The man was arrested three months later. Prosecutors charged the man with misdemeanor assault, and he pled guilty in April.

The man received a six-month suspended jail sentence. In addition to the suspended sentence, his driver’s license was suspended for a month and he was banned him from having any contact with the victim.

The Civil Lawsuit Alleges Negligent Hiring

Even though the criminal case is over for the driver, he will be appearing back in civil court soon. Just this month, the girl’ s mother filed a lawsuit suing the driver and Uber for her daughter’s sexual assault.

The lawsuit alleges that Uber did not properly screen or train the driver. The mother claims that the driver had several traffic offenses, including reckless driving, that Uber overlooked.

According to the lawsuit, the victim’s family is claiming negligent hiring against Uber.

Negligent hiring or retention holds a company responsible for its employee’s criminal acts. In order to win this type of lawsuit, the plaintiffs would need to prove that the employer acted carelessly when hiring the employee, and because of this recklessness, its clients were subjected to harm.

In this specific case, the mother of the girl assaulted claims that Uber hired the driver without performing a proper background check on him. The man was also convicted of reckless driving and still hired to drive people around. Uber will likely try to argue this fact and suggest that nothing in the driver’s background check indicated that he would sexually assault others.

The victim and family are asking for $2.4 million in damages.

June 19, 2015

GM Adds More than 243,000 Cars to Takata Airbag Recall

by Whittel & Melton, LLC

General Motors is adding more than 243,000 compact hatchbacks in the U.S. and Canada to the growing number of already recalled vehicles for airbags that can explode with too much force.

The company said Friday that the expanded recall for passenger air bags covers the Pontiac Vibe from 2003 through 2007. The cars were designed by Toyota and made at jointly owned factory in California.

The Vibe recall comes after Takata Corp. of Japan agreed to double the size of its air bag inflator recall to 33.8 million in May, thus marking it the largest automotive recall in U.S. history.

The propellant in some Takata inflators can burn too quickly, blowing apart a metal canister and sending shrapnel into the passenger compartment. The problem has been blamed for at least seven deaths and more than 100 injuries.

Just last month, Takata declared many of its products defective due to pressure from the National Highway Traffic Safety Administration. The company agreed to double the number of air bag inflators being recalled.

The giant recall covers driver and passenger airbags in cars and trucks made by 11 automakers. Takata, the automakers and the NHTSA are still trying to pinpoint what exactly causes the inflators to malfunction.

Owners can find out if their car is part of the giant recall by going to https://vinrcl.safercar.gov/vin/ and typing in their vehicle identification number. The number is located on many state registration cards and is stamped on the dashboard near the bottom of the driver’s side windshield.

May 26, 2015

Largest Recall in US History: Takata Declares 33.8M of its Inflator Mechanisms Defective

by Whittel & Melton, LLC

Japanese airbag manufacturer Takata recently announced that the initial recall of its exploding airbags has been expanded to nearly 34 million vehicles. Thus marking Takata’s current situation as one of the largest consumer products recalls of all time. According to ABC News, nearly one in seven cars on the road are being impacted by this recall. The airbags in question could unexpectedly deploy and explode, shooting shrapnel at the faces, neck and chest region of drivers and passengers in impacted cars. At this time, six deaths are being attributed to the exploding airbags with many more injuries being reported.

Automakers Are Being Held Accountable

Last year, there were record-breaking recalls on vehicles across the country. While we are only partially through 2015, it looks like 2015 could give 2014 a run for its money. In the past, federal safety regulatory agencies have been way too easy on automobile manufacturers. However, as it stands now, the government is taking great strides to hold automakers accountable for dangerous faulty and defective parts.

April 29, 2015

Illness, Injuries Reported at Orlando Theme Parks

by Whittel & Melton, LLC

During the first three months of 2015, three people felt seriously ill after riding Harry Potter & the Forbidden Journey at Universal Orlando.

According to a quarterly theme-park injury report submitted to the state of Florida, Walt Disney World reported six injuries and Universal reported seven.

There were no reported injuries at SeaWorld, Wet `n Wild and Legoland.

According to reports, the injuries on the Harry Potter ride include a 69-year-old man who felt chest discomfort, a 51-year-old man with a pre-existing condition had difficulty moving his extremities and a 76-year-old woman experienced “altered mental status.”

The parks report injuries that take place on a ride and result in an immediate hospital stay of more than 24 hours.

At Disney’s Magic Kingdom, a 64-year-old man hurt his ankle while stepping out of a car at the Indy Speedway. At the Animal Kingdom, two people reportedly felt ill after riding Expedition Everest.

Theme park accidents actually occur more often than the public might think. The major Florida theme parks include Universal Orlando, Magic Kingdom, Disney’s Typhoon Lagoon, Wet ‘n Wild Orlando, Disney’s Animal Kingdom, Epcot, Disney’s Hollywood Studios, Islands of Adventure, SeaWorld Orlando, Disney’s Blizzard Beach, LEGOLAND Florida, DisneyQuest, Busch Gardens Tampa Bay, Universal Studios Florida, Discovery Cove and many more.

Most people tend to think that roller coasters are the most dangerous areas of a theme park. While in some cases these rides do present serious risks, injuries at an amusement park can also frequently result from:

Slip and Fall Accidents
Negligent Security
Drowning or Near-Drowning
Waterborne Illness
Disney Monorail Accidents
Shuttle Bus Accidents
Food Contamination
Malfunctioning Machinery
Animal Bites & Attacks

April 24, 2015

Nissan Introduces “Driver Attention Alert” to Detect Drowsy Driving

by Whittel & Melton, LLC

A number of automakers acknowledge that drowsy driving is a big problem amongst American drivers. Recently, many have now begun investing in technologies that are designed to detect when a motorist is too tired to be operating behind the wheel.

Nissan has announced an exciting new technology that the company claims will help reduce the risk of drowsy driving accidents by detecting fatigue or drowsiness in a motorist.

According to statistics by the AAA, nearly 40 percent of drivers have said they have fallen asleep at the wheel at some point while driving, while 11 percent reported dozing off while driving in the past year alone. In the United States, drowsy drivers are responsible for more than 300,000 accidents, and account for over 6,400 fatalities every year.

Nissan has recently shared a new drowsy driving detection system that will be featured on its new models. This system is designed to analyze driving behavior, and look for signs of driver fatigue. The system can detect when the driver is too tired to operate safely and flashes a coffee mug symbol in the center of the instrument panel along with an audible warning.

The system detects drowsiness by monitoring steering input patterns of the driver using sensors, which it then compares to patterns of subsequent driving. When it finds behaviors that are typical of a drowsy motorist, it then immediately delivers a visible and audible alert.

April 21, 2015

200 Royal Caribbean And Celebrity Cruise Passengers Sick with Norovirus

by Whittel & Melton, LLC

More than 200 passengers on two cruise ships, Royal Caribbean’s Legend of the Seas and Celebrity’s Infinity, have fallen ill with norovirus. The CDC is now investigating the outbreak and monitoring clean up procedures on the two ships.

What is Norovirus?

Norovirus is a highly contagious virus that spreads through contaminated food, water and dirty surfaces. Similar to the stomach flu, norovirus can cause up to three days of stomach cramps, diarrhea and vomiting. This usually does not require treatment, but some people may become dehydrated and need liquids or intravenous fluids.

Cruise Ship Liability

Cruise ship passengers do have a bill of rights, but the terms of the ticket contract are what determine passengers’ right to sue.

Under the contract, usually located on the back of the cruise ticket, passengers generally waive their right to sue unless the cruise company was negligent in some way. In order to show the cruise line was negligent, it must be demonstrated that the cruise line had a duty to reasonably care for its passengers, but breached that duty, which in turn, caused you harm.

A reasonable standard of care often translates to mean that the cruise company took adequate measures to clean rooms and restrooms, handled and stored food and water properly and made a reasonable effort to quarantine sick passengers to stop the spread of disease. Lastly, it must be shown that the cruise company’s breach of duty is what caused your injury. In the case of norovirus, the cruise company may allege that you already had the virus when you came aboard the ship. It could even claim that you picked it up on shore during one of the stops. However, in this case, it will be quite difficult for Celebrity and Royal Caribbean to argue that the 200 passengers were already sick before coming onto their ships.