Personal Injury Attorney

October 9, 2014

International Walk to School Day: Watch Out for Pedestrians and Bicyclists!

by Whittel & Melton, LLC

October 8 is International Walk to School Day, a day when thousands of schools in the U.S. and in 40 countries strive to raise awareness about walking and bicycling to school. This day expresses the need for walkable communities throughout the world and encourages more children to walk to school.

This day urges the need to educate the public about pedestrian safety. According to the National Highway Traffic Safety Administration, in 2012, car accidents resulted in the death of a pedestrian every two hours and an injury every seven minutes. In this same year, 4,743 pedestrians were killed and approximately 76,000 were injured in car accidents.

The NHTSA defines a pedestrian as “a person on foot, walking, running, jogging, hiking, sitting or lying down who is involved in a motor vehicle traffic crash.” With that said, every single person is a pedestrian on a regular basis, whether it is a young child walking to school or an adult walking across a shopping mall parking lot. Our Florida Car Accident Injury Lawyers at Whittel & Melton work with families every day who have had their lives turned upside down because of a negligent driver who failed to pay attention to a biker or pedestrian sharing the roadway. Injuries to pedestrians struck by cars can vary from cuts, bruises and scrapes to broken bones, spinal cord trauma and death.

Children under the age of 16 accounted for 6 percent of pedestrian deaths and 18 percent of pedestrian injuries caused by car accidents in 2012. In that same time period, pedestrians age 65 and older made up 20 percent of pedestrian deaths and 9 percent of pedestrian injuries as a result of auto accidents.

Motor vehicle accidents involving pedestrians can be truly devastating. The NHTSA urges everyone to follow the below safety tips when walking or driving.

Pedestrians should always:

Walk on sidewalks when possible.
Make sure that electronic devices do not interfere with sight or sound.
Attempt to make eye contact with drivers as they approach, or make sure they are visible to drivers.
Cross streets at intersections and crosswalks and walk facing traffic as drivers expect pedestrians to do these things.
If there are no crosswalks, cross streets where there is good visibility so that you can be seen clearly by other drivers.
Stay away from places where pedestrians are prohibited, like freeways and restricted-access highways.
Wear bright or reflective clothing at night.
Avoid walking while intoxicated at any time.

Drivers should always:

Keep an eye out for pedestrians, even in unexpected places.
Be extra cautious when visibility is limited by inclement weather.
Be prepared to stop at crosswalks and intersections.
Stop for pedestrians in crosswalks.
Refrain from driving under the influence of drugs or alcohol.
Follow the designated speed limit, especially in areas with pedestrians.
Observe reduced speed limits near schools, playgrounds and all other areas where children are known to gather.

October 2, 2014

10 Injured after Semi Smashes into School Bus

by Whittel & Melton, LLC

A Bradford County school bus carrying 15 elementary school students was rear-ended by a big rig Monday afternoon near the intersection of U.S. 301 and State Road 201A in Lawtey.

According to the Florida Highway Patrol, there were 10 people transported to area hospitals – the 35-year-old driver of the log-hauling big rig and his female passenger were taken to Shands in Gainesville with critical injuries, and seven children and the bus driver were taken to area hospitals with non-life-threatening injuries.

Authorities believe the most serious injury among the children was a leg injury.

According to the sheriff’s office, the woman in the semi was not wearing any clothes. Troopers gave her a towel to cover up in front of the children.

Witnesses claim the semi was travelling at 60 mph when it slammed into the bus, which investigators said had its crossing arms out and lights flashing.

The crash happened on U.S. 301 near Northwest 183rd Street at about 2:45 p.m. As the school bus was coming to a stop, it was struck from behind by the semi, which is owned and operated by Mo’s Trucking out of Palatka.

The Sheriff’s Office said the bus driver saw the semi coming in the rear-view mirror and sped up, which possibly minimized the impact. If the bus had been stopped to unload students, the crash could have been tragic.

Witnesses claim the truck driver never hit the brakes, as he plowed into the back of the bus and pushed it more than 50 yards into a ditch.

The FHP said dispatchers received a call about a reckless driver in a tractor-trailer on U.S. 301 before the crash occurred. However, before they could catch up with the vehicle, the state patrol and local Sheriff’s Office received a call about the crash.

FHP said charges are pending. They do not have any indication that alcohol or drugs were a factor, but said speed and/or distracted driving could have played a role.

Records indicate that the driver of the semi has several previous driving citations. He had his license suspended in 2011 when his insurance was canceled, and it was suspended in 2013 for failure to pay a fine.

He was cited with driving with a suspended license in 2007 and in 2011, speeding in 2011, operating motor vehicle in unsafe condition in 2012 and a tag violation in 2013.

Accidents involving school buses can be quite traumatic. While we do not generally hear about these accidents happening frequently, they do occur, and probably more often than you think. There are an estimated 585,000 school buses operating in the United States right now. School bus accidents result in a reported 17,000 visits to emergency rooms every year.

If you have been the victim of a school bus accident that involved a semi truck, there are things you can do to obtain financial compensation for injuries and damages. In many of these accidents, truck drivers are not insured, which can create additional problems for victims, since the person responsible for the accident cannot pay for the damages. When this unfortunate scenario happens to you, you need to contact a Florida Truck Accident Injury Lawyer at Whittel & Melton. We can help you understand all of your legal options and assist you with pursuing a legal claim against the truck driver and/or trucking company in order to recover damages.

September 26, 2014

Surviving a South Florida Canal Crash – Don’t Become a Water Death Statistic

by Whittel & Melton, LLC

South Florida’s waterways make beautiful scenery, but they are dangerous. With so many waterways that do not have barriers to keep cars from sliding or crashing into them, canal crashes can easily become fatal.

These crashes are more common than you may think. On Sept. 18, a 78-year-old man was rescued after his Honda minivan sank in a Florida City development’s pond. The water seeped inside and up to his chest.

According to reports, officers could hear the driver’s screams for help, and had to break the van’s windows in order to rescue him because the doors wouldn’t open. The driver was rescued and later safely reunited with his family.

During 2011, there were an estimated 213 people killed and 460 injured in “immersion crashes,”according to the National Highway Traffic Safety Administration.

In Florida alone, there were 9 water deaths in 2012, 8 of which happened in canals. Another 202 were injured, 144 in canal crashes.

With so many deaths and fatalities, it is important to address the safety precautions that Florida drivers can take to save their lives and the lives of their passengers. For around $8, you can purchase the tools needed – a window punch and a seatbelt cutter – to help in the event of a canal crash.

The punch typically looks like a metal pen with a long point that is spring loaded. When aimed at the corner of a window that refuses to budge, it will crack it, which can let everyone in the car get out safely. People of all ages can use this tool in emergency situations.

When a car enters a waterway, it can float for just a few seconds or to up to three minutes, before it sinks. If the water is more than 14 feet deep, the car can even land on its roof.

The following tips are important for drivers to consider when it comes to surviving a water crash:

Remove the seatbelt as quickly as possible.
Open or break windows immediately – this is where a window punch can come in handy. Keep in mind that power windows may not work in water.
Always get children out of the vehicle first, and carry the smallest ones against the incoming water.
Swim away from the vehicle as soon as you are freed.

September 18, 2014

GM Offering Compensation for 19 Deaths Linked to Faulty Ignition Switch

by Whittel & Melton, LLC

General Motors has offered to pay compensation for 19 deaths that have been linked to faulty ignition switches in the company’s vehicles.

The exact dollar amounts of the automaker’s offers were not announced. However, the 19 deaths are an increase from the 13 deaths GM had previously admitted were caused by the defective ignition switches.

The ignition switch flaw, which was the reason the company had to recall millions of vehicles earlier this year, can cause a vehicle’s ignition to slip out of the run position, leading to stalling in the vehicle and disabling certain necessary features such as airbags.

GM announced earlier this year that it was setting up a victims’ compensation fund to handle claims after hundreds of crashes were reported that were caused by the faulty ignition switches. The fund noted that it would accept claims from anyone who was a “driver, passenger, pedestrian or an occupant of another vehicle involved in an accident resulting in physical injury or death” or the family members of someone killed in an accident.

The fund started accepting claims on August 1. Anyone who files a claim and accepts the financial award agrees to not sue the company. Those individuals that decline the offered settlement are free to file a defective motor vehicle lawsuit against the company.

The new, higher number of fatalities from 13 to 19 linked to the defective ignition switches is the result of the differing standards used by the victims fund in assessing fault. GM spokesman Dave Roman said that the company accepts the determination of victims’ fund by the attorney overseeing the account, but GM still only officially recognizes the 13 deaths it has previously said were linked to the defective switches.

As of now, 125 death claims and 320 injury claims have apparently been submitted to the fund. This is not a final number, though. It is possible for more ignition switch-related claims to arise as pending investigations are completed.

The GM ignition switch recall affects around 1.6 million vehicles nationwide.These vehicles are:

2005-2007 Chevrolet Cobalt
2007 Pontiac G5
2003-2007 Saturn Ion
2006-2007 Chevrolet HHR
2006-2007 Pontiac Solstice
2007 Saturn Sky

Understand that legal cases involving large corporations can be extremely complex. Companies like GM employ entire teams of lawyers to defend their best interests when it comes to personal injury and wrongful death lawsuits. Because of this, it is critical for you to have an experienced Florida Auto Accident Lawyer on your side, fighting for your rights. we urge you to contact us as soon as possible so that we can help you file a claim wherever your car accident happened.

September 16, 2014

2 Seriously Injured in Small Plane Crash in Downtown St. Pete

by Whittel & Melton, LLC

Two people were seriously injured Monday morning after a small plane crash-landed at Vinoy Park in downtown St. Petersburg.

A Piper PA-28 single-engine plane on its way to Albert Whitted Airport crashed at the park around 10:30 a.m. The plane had taken off from Tallahassee and was carrying three men and a 17-year-old girl from Ireland, according to authorities.

The pilot, a 57-year-old man, and one of the passengers, a 52-year-old man, were taken to Bayfront Health St. Petersburg as trauma alerts. Both men were listed in serious but stable condition.

The two other occupants, a 48-year-old man, and the girl, suffered minor injuries.

Police believe that the engine failed as the pilot began his approach, and he was forced to attempt a landing in the park, which is about a mile away from the runway.

A yoga class and mom’s fitness class was taking place in the area when the plane crashed. A man listening to an audiobook saw the plane clip a tree and called 911.

According to the witness, the plane hit the tree, causing the left landing wheel to veer left. Once the wheel hit the ground the plane rolled on its side and slid before coming to a stop. One of the passengers opened the door and exited after the extreme landing.

This is the second small plane crash near Albert Whitted Airport in just over two weeks. On Aug. 31, a 70-year-old man was killed when the small plane he was piloting crashed into the water of the airport on the southeastern edge of downtown.

Airplane and aviation accidents are by their very nature quite devastating. In fact, most of these accidents result in painful injuries and even death. Although rare, airplane crashes do occur from time to time with large commercial airlines as well as small private and charter airplanes.

Aviation lawsuits involve complex legal issues – from determining the cause of these accidents to proving negligence and establishing what laws apply and which courts have jurisdiction.

September 5, 2014

Child Passenger Safety Week: September 14-20

by Whittel & Melton, LLC

The leading cause of death in children between the ages of one and 13 is auto accidents. In an effort to raise awareness about these tragedies and further educate people about keeping children safe in motor vehicles, the National Highways Traffic Safety Administration has announced that Child Passenger Safety Week will take place from September 14 until September 20 and National Seat Check Saturday will be on September 20, 2014 to make sure children are in the correct restraints while riding in a motor vehicle.

There are a many options when it comes to restraining a child in an car – rear-facing car seats, forward-facing car seats, boosters and a traditional seat belt. Age can play a big factor in this decision, but size is the priority. There can be numerous risks for children that are placed in too small of safety seats as well as too large of seats. During Child Passenger Safety Week, communities across Florida will have certified technicians available to educate parents and children about car seat safety.

Installing Seats Correctly

First and foremost, before installing a car seat, make sure to always read the instructions. Every seat has slightly different installation directions, however there are some universal key points to keep in mind.

Seat location: Regardless of what kind of restraint you are using, it should always be placed in the back seat of your vehicle. Children should not be allowed to ride in the front seat until they are at least 13 years old.

Securing the seat: When a restraint system is properly installed there should be no side-to-side or front-to-back movement of more than an inch.

Proper Fitting of the Seat: Once the seat is securely installed, it is necessary to make sure you child is fitted into the seat properly. Harness straps should lay flat and never be twisted. In a rear-facing car seat, the straps should loop through the back slot at or below the child’s shoulders. In front-facing seats, the straps should be looped through the slot at or above the shoulders. The harness should be secure enough that excess material cannot be pinched at the shoulder. The chest clip should be at armpit level.

August 29, 2014

Labor Day Weekend Tip: Drive Sober or Get Pulled Over

by Whittel & Melton, LLC

The U.S. Department of Transportation’s National Highway Traffic Safety Administration recently issued a press release notifying motorists to drive sober for the upcoming Labor Day weekend and all year long. The 2014 campaign is focused on the societal and economic impact of drunk driving as well as the personal costs and human toll of impaired driving.

Across the United States, drunk driving collisions kill more than 10,000 people each year. Over the course of holiday weekends alcohol-related crashes are known to increase. During Labor Day weekend in 2012, 147 people were killed in auto accidents involving drunk drivers. For every DUI crash, one in three results in a fatality. What this means is that one third of all collisions are entirely preventable.

The economic impacts of driving under the influence cost Americans billions of dollars every single year. Car and motorcycle accidents involving alcohol impaired drivers cost 47 billion in direct economic impacts in 2010. Across the U.S., that averages to about $152 a person. When the overall harm to society due to loss of life and diminished quality of life are tacked on, the numbers skyrocket to $195 billion.

The average cost of a minor injury associated with a DUI-related motor vehicle crash is $22,000, but can total more than $25,000 when losses related to quality of life are added in. Direct economic impacts and additional quality-of-life costs can drastically increase based on the severity of the injury.

Now that we have addressed some of the shocking figures associated with DUIs, our Florida Personal Injury Lawyers at Whittel & Melton want to make sure you enjoy Labor Day weekend and map out a plan before the party starts. Planning ahead is absolutely necessary to ensure that you have a safe ride home, should you consume any amount of alcohol. Planning ahead can be as simple as programming a taxi cab’s phone number into your phone or downloading a rideshare app onto your smartphone. No matter where you end up or what you are doing, never get behind the wheel of a car while intoxicated. Ask a friend or bartender to help you find a safe ride home.

August 27, 2014

Wet ‘n Wild Employee in Critical Condition after being Trapped Underwater while Cleaning Pool

by Whittel & Melton, LLC

A Wet ‘n Wild worker remains in critical condition after he was trapped under water while cleaning one of the pools at the theme park Tuesday morning, according to officials.

Orlando police responded to the scene at 10:07 a.m. where an “industrial accident” was reported at the Universal Orlando park.

Another employee called for help while a third worker pulled the trapped man out of the water, according to a police spokeswoman.

The man was treated at the scene before he was transported to Dr. P. Phillips Hospital.

The Occupational Safety and Health Administration is investigating.

A Universal Orlando spokesman made the following statement: “At the moment, our attention is focused on assisting our team member and his family. We are also working to understand exactly what happened, but have nothing else to share at this time.”

Water parks are a great way to cool off from Florida’s hot summer months, but as this case shows, they can also lead to pretty serious accidents resulting in severe personal injuries and even death. If the park’s owners fail to take certain precautions, such as making sure all rides are functioning properly, eliminating slippery surfaces, maintaining their property or properly training lifeguards and other staff members, serious consequences can result. Water park negligence in Florida can place many people, including patrons and employees alike, at risk of suffering traumatic brain injuries, skull fractures, spinal cord injuries, neck and back injuries, broken bones, paralysis, drowning and death.

While we usually hear about visitors and guests suffering injuries at an amusement park, keep in mind that employees of amusement parks are also vulnerable to injuries from accidents. Should an unfortunate incident lead to a workplace injury, an employee could be entitled to workers’ compensation. Moreover, if a work-related injury is the fault of another party’s negligence, a personal injury claim seeking financial compensation for damages can be filed against the responsible party.

August 26, 2014

Virginia Mom Seeks $1 Million for Toddler’s TBI from Ocean City Amusement Park Kiddie Ride

by Whittel & Melton, LLC

A Virginia mother has filed a $1 million lawsuit against Trimper’s Rides and Amusements in Ocean City alleging that a ride left her 2-year-old son with a traumatic brain injury.

The woman filed the personal injury claim in U.S. District Court on July 23, and according to the court filing, her son and his young cousins were on the Hampton I, a ride geared toward children that features miniature trucks and cars that travel in a circle, when an operator stopped the ride to let another child off.

However, when the ride came to an abrupt stop, the woman’s son thought the ride was finished and exited his car. But, according to the complaint, the operator started the ride back up and one of the cars hit her son, knocking him down and “fracturing his skull on the cement floor.”

The lawsuit alleges the boy, who was 2 at the time, was “slammed into the floor and crushed between the ride’s tracks and the vehicle which had impacted him, as the vehicle continued along the tracks.”

Since the accident in June 2012, the lawsuit claims that the woman’s son has had significant medical expenses and suffered continued daily ill effects from his injuries.

The woman has accused the ride operator of being negligent due to the fact that he failed to secure all passengers and to check that the tracks were clear before resuming the ride.

Generally, in order to prove a negligence claim, it must be demonstrated that the defendant had an obligation to act in a responsible manner and with reasonable care in a specific situation and that the result of the defendant ignoring that duty caused an injury. This lawsuit alleges that the ride operator committed negligence because the ride was restarted before a sweep was done to make sure all children were secured in their seats and that the tracks were clear.

For this specific case, the operator of the ride would likely be found to have a duty to operate the ride in a reasonably safe manner. Any negligence found on the part of the individual operator could also lead to legal liability for the park’s owners as well since employers can be held responsible for negligent, careless or reckless acts committed by employees during the course of employment.

The two most common defenses to negligence claims are assumption of risk, where it is believed that the situation was so inherently or obviously dangerous that the injury victim should have known there were hazards and took the chance that he or she could be injured, and when a person acts carelessly and causes his own injuries. Although, these defenses could be difficult to prove due to the fact that the injured party is a 2-year-old child.

August 22, 2014

Federal Prosecutors Examine if GM Lawyers Hid Evidence of Defective Ignition-Switch

by Whittel & Melton, LLC

Federal prosecutors are scrutinizing whether employees inside and outside General Motors Co.’s legal department concealed evidence from regulators about a faulty ignition switch. It is alleged that the hiding of such evidence potentially delayed a recall of vehicles with the fatal problem.

The examining of GM’s legal department comes just after the release of an internal GM report in June that faulted the company’s lawyers for failing to alert other managers to lawsuits against GM that could have helped resolve a pattern of accidents in which air bags failed to deploy. The legal department is only one area prosecutors are scrutinizing for possible criminal liability, reports indicate.

A spokesman for the largest U.S. auto maker said the company is cooperating with the investigation.

At this time, current and former employees are being reviewed as part of a larger criminal investigation into possibly misleading statements the company made to regulators about a faulty ignition switch used in 2.6 million Cobalt and other small cars. The investigation conducted by the Federal Bureau of Investigation and the U.S. attorney’s office in Manhattan covers matters dating back a decade.

Prosecutors are under pressure from lawmakers to hold executives at GM responsible for the long-lasting product defect that has been linked to 54 accidents and at least 13 deaths.

The investigation, while at an early stage, could possibly end without any charges being brought. While it will be interesting to see how this case plays out, it is important to note that criminal cases against in-house lawyers are quite rare and can be rather difficult to prove. In many instances, these cases are further complicated by issues of attorney-client privilege.