Personal Injury Attorney

November 13, 2014

Takata Airbag Cover-Up Leaked by Former Employees

by Whittel & Melton, LLC

It was recently revealed by The New York Times that the Japanese airbag maker Takata knew 10 years ago knew about the dangers of one of its airbags. In fact, two former employees have accused the manufacturer of knowing that one of its airbags had ruptured and shot metal debris at an Alabama driver, seriously injuring him.

Reports indicate that after secretly trying to fix the problem, company officials ordered lab technicians to destroy the testing data and evidence.

Since the first findings of these defective airbags, Takata’s exploding airbags have killed at least four people and seriously injured at least 139 drivers.

Takata finally started recalling its defective airbags in 2008 and another 14 million of them have been recalled by 11 carmakers since then.

While the Japanese company blames the defect on high humidity, The New York Times reported that forklifts had fallen over and damaged crates and Mexican manufacturing plants used improper techniques which resulted in the defective airbags being knowingly sold to carmakers.

The National Highway Traffic Safety Administration began to investigate Takata in 2010, and the agency has recently begun a new investigation into the company. The NHTSA is undoubtedly feeling the pressure from federal prosecutors across the country announcing they are strongly pursuing filing criminal charges against Takata, as well as other corporations who have concealed their defects.

The government agency issued a public warning last week urging drivers to “act immediately” and have their cars fixed. However, reports confirm that Takata does not have enough parts to repair the millions of defective vehicles, which means millions of drivers are left with cars that could injure or kill them.

November 12, 2014

Former Employees Allege Takata Hid Airbag Defects

by Whittel & Melton, LLC

Takata has been accused of knowing its airbags were defective long before the deaths and injuries, according to two former employees of the Japanese manufacturer.

The workers told the New York Times that Takata knew about the defects as far back as 2004. The company learned one of its airbags exploded and ejected metal pieces at a driver in Alabama, so it apparently began secret testing at its U.S. headquarters located in Michigan. The testing was conducted outside normal work hours and was never disclosed until recently.

After three months of secret testing, employees realized the problem was with the welding on the airbag’s inflator canister, but the investigation was shut down and employees were told to destroy all testing data.

Four years later Takata reported the faulty airbags in a regulatory filing. In November 2008, the first Takata airbags were recalled.

The law requires that car manufacturers report safety defects to the government within five days once they are identified. In 2008, Takata’s airbag recalls slowly unraveled, but last month the National Highway Traffic Safety Administration gave these recalls a big push. NHTSA issued a consumer advisory which urged drivers to immediately check if their vehicle’s airbags had been recalled and to arrange for a repair as soon as possible.

This year has seen the most auto recalls in U.S. history. To date, 11 car manufacturers have recalled more than 14 million vehicles worldwide. In regards to Takata, four deaths have been linked to the defective airbags and at least 139 people have been injured.

November 11, 2014

Takata Airbag Manufacturers Accused of Cover Up

by Whittel & Melton, LLC

The first round of recalls involving vehicles equipped with certain defective airbags manufactured by Takata came to light in November 2008. When addressing this recall, the company cited studies from 2008 that showed the risk of defective airbags in certain vehicle models.

The most recent news surrounding the Japanese manufacturer focuses on former Takata employees who have stepped forward to disclose that the company allegedly performed secret tests in 2004 when the first reports of defective airbags occurred. According to the employees, secret tests were ordered by Takata executives that indicated the airbags could rupture upon impact and release dangerous debris. These former employees have also accused the executives of ordering the test results to be thrown out and erased from company records.

Sadly, these defective airbags caused more than 130 injuries and four deaths. It is highly likely that Takata face legal action from those who were injured by the airbags before the 2008 recall.

Due to the alleged reckless, criminal and likely punitive conduct of Takata, even older cases, including those that would normally be barred by statute of limitations, could be viable against Takata.

November 5, 2014

Lake Wales Toddler Hit by Bus While Trick-Or-Treating

by Whittel & Melton, LLC

A 2-year-old was killed while trick-or-treating on Halloween after he was hit by bus.

According to a Polk County Sheriff’s Office spokeswoman, the Lake Wales toddler was in a stroller Friday evening with two other children when the adult pushing them across a street realized he had dropped his cellphone. The man stopped the stroller in the median and told the children to stay in it while he went to grab his phone. The boy managed to get out of the stroller and ran to where his grandmother was standing alongside the road.

A bus driver failed to see the toddler in the street and hit him. The boy was pronounced dead at the scene.

No charges are pending at this time.

State Farm conducted a review of more than four million records of motor vehicle collisions that took place between 1990 and 2010. According to these records, there were 115 children killed in pedestrian collisions on Halloween night across the nation. This totals to an average of 5.5 children killed each year on Halloween. On a normal day of the year, an average of just 2.6 children are killed in pedestrian-related collisions. This data confirms that the risk of a child being killed in a pedestrian accident on Halloween is more than double than on any other day of the year.

A whopping 60 percent of fatal Halloween pedestrian crashes occur between 5:00 p.m. and 9:00 p.m. Children between the ages of 12 and 15 are the most likely to be killed in pedestrian accidents on Halloween. Kids ranging in age from five to eight were the age group with the second highest number of fatalities, with a total of 23 percent of the deaths. These deaths were found to occur more often in the middle of the street on Halloween than on the corners, which suggests that many fatal accidents were the result of children running out into the streets.

Drivers should be aware of the increased risks to kids on Halloween night. Driver’s need to slow their speed and avoid using electronic devices. Distractions of any nature can prevent drivers from seeing child trick-or-treaters who might dart into the middle of the road.

November 4, 2014

Kentucky Waterpark Countersues Over Alleged ‘Staged’ Injuries

by Whittel & Melton, LLC

Kentucky Kingdom is now countersuing two patrons who claim they were injured at the park, alleging that the injuries were staged.

Reports indicate that the couple had derived some sort of plan to extort money from the park. The two recently filed a lawsuit accusing the park of negligently allowing them to go down a water slide using an incorrect inner tube.

The man and woman claim they were injured when they fell out of their inner tube on the Voodoo Express water slide, blaming the lifeguards and the park for their carelessness.

Kentucky Kingdom issued the following points in their countersuit against the couple.

Lifeguards don’t give tubes to guests. “Approved tubes are in the pen,” according to the park.
Kentucky Kingdom rides have height and weight limits, and the pair allegedly “exceeded the maximum weight limit by over 70 pounds.”
The pair failed to wait for lifeguard instructions before going down the slide.

Moreover, a friend of the couple has provided a sworn affidavit to Kentucky Kingdom that the injuries were part of a ploy to get money from the park. The friend claims that her friend mentioned “that she planned to intentionally get hurt at Kentucky Kingdom in order to obtain a settlement,” according to reports.

It was also noted by the park that four weeks before the pair filed their suit, the woman’s season pass was revoked “after she scaled a fence in a restricted area near a roller coaster.”

When the party originally being sued wants to sue the opposing party, this is what is called a counterclaim. Kentucky Kingdom was originally sued by the man and woman for their injuries, but the park is now countersuing based on the allegations that the two intentionally got hurt in order to obtain a financial award from the park. If the claims do continue to trial, a jury will likely have to determine if the two were actually victims of negligence or not.

October 30, 2014

Florida Ranks Second for Highest Number of Bicycle Fatalities

by Whittel & Melton, LLC

A new report on bicycle fatalities due to car accidents on U.S. roads shows that the bulk of these fatal accidents occur in just a handful of states.

The report, released Monday by the nonprofit Governors Highway Safety Association, concluded that biking accident deaths rose 16 percent nationwide between 2010 and 2012, while motor vehicle accident fatalities increased by just 1 percent.

According to 2012 figures, the top 10 states that saw the highest number of bicyclists killed in motor vehicle accidents are listed below:

California – 123 bicyclist fatalities in motor vehicle accidents in 2012
Florida – 120 bicyclist fatalities in 2012
Texas – 56
New York – 45
Illinois – 29
North Carolina – 27
Michigan – 19
Ohio AND Arizona – 18
Georgia – 17

Moreover, the report also noted that more than half, or 54 percent, of U.S. bicycle fatalities over the period of 2010 to 2012 happened in just six states: California, Florida, Illinois, New York, Michigan and Texas.

October 23, 2014

National Teen Driver Safety Week 2014

by Whittel & Melton, LLC

The National Highway Traffic Safety Administration has declared this week, October 19-25, as National Teen Driver Safety Week. Due to the sad reality that motor vehicle crashes are still the leading cause of death for teens ages 14 to 18, the NHTSA has made this issue a top priority. The NHTSA’s “5 to Drive” rules are designed to raise awareness about the five biggest issues teen drivers face today.

Safety Issues Facing Teen Drivers

The NHTSA has listed out the top five safety concerns for teen drivers by analyzing data and statistics from auto accidents involving teen drivers across the United States. From driving impaired to having too many passengers in the car, there are numerous issues that can greatly increase a teen driver’s risk for being involved in an accident that could result in serious injuries or death.

Top Five Safety Concerns for Teens

Alcohol
Seat belts
Texting
Speeding
Passengers

Five to Drive

By addressing these safety concerns with teen drivers, parents can make a huge impact on the safety of their teen when behind the wheel. Even though teens are not legally allowed to consume alcohol, they are at a greater risk than drivers in any other age group of being involved in an alcohol-related crash. It should also be noted that extra passengers can increase a teen drivers risk of being involved in a collision, so it is best to limited teens to no more than one passenger in their car at any time.

Even what can seem like minor details can have a great impact on inexperienced drivers. As a parent, it is smart to have regular conversations with your teen driver about these five key issues and lead by example. When you are driving, make sure to follow all safety rules, including wearing your seatbelt, and limit the distractions around you. Teens are quite perceptive, and if you are a safe driver, then the odds are your teen will pick up on your safe practices and put them into action when they are behind the wheel.

What to do After a Crash

October 22, 2014

NHTSA Issues Consumer Advisory: Florida Vehicle Owners with Defective Airbags Urged to Take Immediate Action

by Whittel & Melton, LLC

The National Highway Traffic Safety Administration released a press release Monday urging owners of certain Toyota, Honda, Mazda, BMW, Nissan, and General Motors vehicles to act immediately on recall notices to replace defective Takata airbags. The message expresses the need for urgency when responding to this issue, especially for owners of vehicles affected by the regional recalls in the following areas: Florida, Puerto Rico, Guam, Saipan, American Samoa, Virgin Islands and Hawaii.

Consumers who are unaware whether or not their vehicle is impacted by the Takata recalls, or any other recall, can check on www.safercar.gov/vinlookup. Once on the site, you can search by your vehicle identification number in order to confirm whether your vehicle has an open recall that needs to be addressed. Additionally, consumers can sign-up for NHTSA recall alerts, which go out before recall letters are mailed by the manufacturers to the affected owners.

Affected Vehicles Involving Takata Airbags:

Toyota: 778,177 total number of potentially affected vehicles

2002 – 2004 Lexus SC

2003 – 2004 Toyota Corolla

2003 – 2004 Toyota Corolla Matrix

2002 – 2004 Toyota Sequoia

2003 – 2004 Toyota Tundra

2003 – 2004 Pontiac Vibe

Honda: 2,803,214 total number of potentially affected vehicles

2001 – 2007 Honda Accord (4 cyl)

2001 – 2002 Honda Accord (6 cyl)

2001 – 2005 Honda Civic

2002 – 2006 Honda CR-V

2003 – 2011 Honda Element

2002 – 2004 Honda Odyssey

2003 – 2007 Honda Pilot

2006 – Honda Ridgeline

2003 – 2006 Acura MDX

2002 – 2003 Acura TL/CL

Nissan: 437,712 total number of potentially affected vehicles

2001 – 2003 Nissan Maxima

2001 – 2003 Nissan Pathfinder

2002 – 2003 Nissan Sentra

2001 – 2003 Infiniti I30/I35

2002 – 2003 Infiniti QX4

2003 – Infiniti FX

Mazda: 18,050 total number of potentially affected vehicles

2003 – 2004 Mazda6

2004 – Mazda RX-8

BMW: 573,935 total number of potentially affected vehicles

2000 – 2005 3 Series Sedan

2000 – 2006 3 Series Coupe

2000 – 2005 3 Series Sports Wagon

2000 – 2006 3 Series Convertible

2001 – 2006 M3 Coupe

2001 – 2006 M3 Convertible

General Motors: 133,221 total number potentially affected vehicles

2002 – 2003 Buick LeSabre

2002 – 2003 Buick Rendezvous

2002 – 2003 Cadillac DeVille

2002 – 2003 Chevrolet Trailblazer

2002 – 2003 Chevrolet Impala

2002 – 2003 Chevrolet Monte Carlo

2002 – 2003 Chevrolet Venture

2002 – 2003 GMC Envoy

2002 – 2003 GMC Envoy XL

2002 – 2003 Oldsmobile Aurora

2002 – 2003 Oldsmobile Bravada

2002 – 2003 Oldsmobile Silhouette

2002 – 2003 Pontiac Bonneville

2002 – 2003 Pontiac Montana

As of now, four deaths have been attributed to defective components found in Takata airbags, which were predominantly used in vehicles from every major automaker from 2000 through 2007. The deaths have occurred in Virginia, Oklahoma, California and Florida. Additionally, 139 injuries have also been reported that were caused by the Takata airbags.

October 17, 2014

Kentucky Waterpark Facing Two Lawsuits Over Slide Injuries

by Whittel & Melton, LLC

When a serious injury or wrongful death happens due to an amusement park accident, a thorough investigation needs to be conducted. While amusement parks, including waterparks, have plenty of insurance and plenty of lawyers to protect them when accidents arise to keep the blame away from them, having your own personal injury lawyer can be essential to the outcome of your case. Having good legal counsel in your corner can help you you recover the rightful compensation you need.

Kentucky Kingdom’s Hurricane Bay is currently the subject of two lawsuits alleging that staff allowed customers to use the wrong inner tube for a certain water slide. Two patrons have come forward and filed suits against Kentucky Kingdom for injuries that occurred after falling out of the slide.

The lawsuit claims that improperly sized inner tubes were the culprit in these two cases. Both allege they were given “the wrong size inner tubes,” which resulted in them tipping over and becoming injured.

It’s not entirely clear which ride the pair were on when they were injured, but the lawsuit clearly states that they blame Kentucky Kingdom and its staff for their injuries. One of the injury victims suffered a shoulder injury after the fall while the other suffered a head injury “which causes her seizures,” according to reports.

If it can be demonstrated that the Hurricane Bay ride’s operators were in fact negligent in giving the two individuals the wrong-sized inner tubes, Hurricane Bay could be found liable for the injuries that resulted. Negligent operation of rides as well as the improper maintenance of a ride are quite common ways for theme parks to be found liable in these types of cases.

If you or a loved one was injured at an amusement park or water park, a Florida Amusement Park Injury Lawyer at Whittel & Melton can help. Our team of attorneys work with experts to determine exactly how the accident happened. Additionally, we enlist the help of medical and financial experts to document the full scope of injuries, the long-term consequences and the full financial costs associated with an amusement park accident.

Amusement park rides and water slides must be designed properly, regularly inspected for maintenance and stay under close supervision in order to prevent accidents. When something goes wrong on these rides, the resulting injuries can be life changing.

October 15, 2014

Orange County Deputy Hits & Kills Pedestrian

by Whittel & Melton, LLC

An Orange County sheriff’s deputy responding to a call in the early morning hours on Monday struck and killed a pedestrian in Orlando, according to the Florida Highway Patrol.

The 38-year-old Orlando deputy was not injured in the crash, which occurred around 3:15 a.m. on Oak Ridge Road near Orange Blossom Trail.

According to the FHP, two deputies were headed to a burglary call, and the first deputy cruiser had its flashing lights and siren on. A pickup truck in the area pulled over for the deputy, but returned to the road after the cruiser passed.

The deputy accused of striking the pedestrian was the second officer headed to the call, but did not apparently have his cruiser’s flashing lights and siren on. He switched lanes to pass the pickup when he struck the 34-year-old woman, the FHP said.

Troopers claim the impact of the crash caused the woman to hit the side of the pickup.

The woman was taken to Orlando Regional Medical Center, where she was pronounced dead.

It is unknown at this time how fast the deputy was traveling at the time the accident occurred.

The deputy apparently refused to provide a statement to troopers, according to the FHP. FHP is still investigating this fatal accident.

The driver of the pickup, a 25-year-old Homestead man, did not suffer any injuries from the accident.

In time, more information will hopefully emerge about how this tragic incident came to be. If the deputy is found to have caused the victim’s death through some type of negligence, he and his department may be liable for her wrongful death. As with any fatal auto accident, driver inattention, speed and reckless driving all could have been factors that contributed to the accident.