Articles Posted in Personal Injury Attorney

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The number of people killed in motorcycle crashes throughout the state of Florida and nationwide is on the rise.

While the number of motorcycle fatalities nationwide dropped to about 4,200 in 2009, the number of deadly crashes in 2011 increased to just less than 5,000.

Preliminary data shows that nearly 4,000 motorcyclists across the country died between
January and September 2012.

Florida ranks third in the nation with 287 deadly motorcycle crashes in the first nine months of 2012. Texas steals the top spot with 358 people killed and California takes second with 318.

Although the numbers throughout Florida show an increase in motorcycle deaths, in Tampa, the extreme jump in numbers this year is especially disturbing.

This time last year, Tampa saw three motorcycle fatalities. This year, 13 deaths have already been reported.

Tampa police claim the increase can be blamed on several factors – impaired drivers, inexperienced bikers and motorists speeding or driving recklessly.

690642_motocycle_2.jpgIn response to what appears to be a concerning problem, Tampa police are cracking down with zero tolerance for speeding, reckless driving and other violations.

Florida is a wonderful place to ride a motorcycle because the weather here is usually quite pleasant all year round. However, because of our tropical temperatures, this usually means there are a larger number of bikers sharing the roadways which ultimately leads to a higher instance of motorcycle accidents. When you have been involved in an accident while riding your motorcycle, you will need a Florida Motorcycle Accident Attorney to help you handle your case. Motorcyclists involved in accidents are at risk of sustaining very serious injuries, such as traumatic brain injury, spinal cord trauma and death. By working with a Florida Motorcycle Accident Lawyer at Whittel & Melton, you can rest assured that we will aggressively fight to recover compensation for your medical costs, rehabilitation and all other expenses that accrue as a result of the at-fault party’s negligence.

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Most people enjoy celebrating the Fourth of July holiday with a fireworks show or two. With Independence Day right around the corner, it is important to understand that if these devices are not used properly you could wind up with some pretty devastating injuries. Catastrophic burn injuries and fatalities arise every year in Florida and across the United States due to Fourth of July fireworks injuries.

While you may think that firework accidents are not that common, firework-related injuries are actually quite a common occurrence. At Whittel & Melton, our Florida Personal Injury Attorneys know that children are at the highest risk for injuries stemming from fireworks accidents. That is why we strongly recommend that parents protect their children from injury by keeping them from using fireworks.

According to Safe Kids Worldwide, an estimated 5,000 children under the age of 15 are treated in an emergency room each year due to a firework-related injury. Of these injuries, a whopping 70 percent occur during the month surrounding the Fourth of July holiday.

1316899_flag.jpg So, how can you and your family enjoy fireworks safely this year? Your safest option is to attend a publicly sanctioned firework event. However, if you are set on hosting your own red, white and blue party, you must be prepared and be as safe as possible in order to prevent any tragedies from happening in your backyard. The following tips and reminders can help you avoid an accident:

• Never let children play with fireworks or light them.

• Before using any fireworks, read any instructions and familiarize yourself with the warnings on the label.

• Drinking and lighting off fireworks is never a good idea. If you choose to light your own, make sure you designate a sober shooter.

• Ignite one firework at a time.

• Make sure you set up your post somewhere safely away from tree branches or bushes that could catch on fire.

• Do not try and re-light, alter or fix any fireworks that malfunction.

• Remember, all fireworks should be used outdoors only.

• Sparklers should never be handled by children, as they can reach temperatures easily hot enough to inflict third-degree burn injuries. Try letting your youngsters use glow sticks instead. These can be just as fun for the kids and much safer.

• Before lighting a firework, make sure the area is clear. It is best to light fireworks on a smooth, flat surface that is a safe distance away from the house, any dry leaves or other highly flammable materials.

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In 2010 more heat stroke-related deaths were documented than any other year from kids being left inside hot cars for too long. Now, Florida health and law enforcement officials say that we are heading for another devastating year, with 15 such deaths already reported nationwide so far.

Four Florida children, ranging in age from 11 months to 3 years old, have died in the past two months after they were left behind in hot cars.

Sadly, young children are at a high risk for heatstroke as their body’s heat up three to five times faster than adults. When a child’s temperature reaches up to 104 degrees, their internal organs begin to shut down. When their body temperature heats up to 107 degrees, they can die.

290729_jeven.jpgStudies indicate that Florida is second only to Texas in the most heat stroke-related child deaths per year. Since 1998, Florida has reported at least 64 child deaths related to heat stroke.

So far this year Florida has reported the following incidents:

• On June 22, a 3-year-old boy passed away from heat stroke after he was forgotten in a car for about three hours in Manatee County while his family attended a funeral.

• On June 2, a Pensacola toddler wandered inside the family car and was found dead on the floorboard several hours after the 2-year-old was reported missing by family members.

• On May 24, a Highlands County mother left her 18-month-old daughter in a hot car for nearly two hours. The baby suffered heatstroke and died. Her mother has been charged with manslaughter and child neglect.

• On May 16, a Miami-Dade County mom was charged with manslaughter after locking her 11-month-old son inside her car where he died from heat exposure.

Another 11 children across the county were killed in similar instances this year.
According to Safe Kids Worldwide, heatstroke is the leading cause of non-crash, vehicle-related deaths for kids. In fact, on average, every 10 days a child is killed from heatstroke after being trapped inside a vehicle.

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Ten people were sent to the hospital Sunday after two boats collided near Elliott Key in Biscayne National Park.

The crash occurred about 6:30 p.m. Sunday when a 36-foot Carrera powerboat carrying about 16 people hit another boat carrying two people.

According to officials, the second boat sank. Authorities could not specify what kind of boat it was.

358823_motorboat_on_lake.jpgFortunately, no one was killed.

One of the boaters was airlifted to Kendall Regional Medical Center. Nine others were also taken there.

The Carrera was towed to Black Point Marina in Cutler Bay.

Investigators are still trying to identify what caused the crash.

While most of the details surrounding this accident are unclear, it is important to point out that both boat captains could be liable for the injuries and property damage this collision caused. At this time, there have been no indications that alcohol was involved in the crash. According to The Florida Fish and Wildlife Conservation Commission, authorities did give a field sobriety test to both captains, however no blood testing was done to confirm whether either captain had been drinking while boating. If either boat captain was operating their vessel while intoxicated, which is illegal in the state of Florida just like driving under the influence, the drunken boat operator would likely be found negligent and held liable for any damages.

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A 2-year-old Florida girl lost both feet last month after her father accidentally backed over her with his riding lawn mower.

The child was sitting on the lawn screaming and trying to get her father’s attention, but he was on a ride-able lawn mower and could not hear her over the roar of the engine. The child’s mother watched from a distance as her husband backed the lawn mower up and sliced the 2-year-old’s feet.

A neighbor, who is also a nurse, rushed to the scene and applied pressure to the child’s wounds while they waited for the emergency team to arrive.

The two-year-old was taken to the hospital where she underwent two surgeries. Both of her feet were amputated and she will eventually be outfitted with prosthetics.

766976_lawn_mower.jpgNearly a quarter of a million people are treated for injuries caused by lawn mowers every year, according to the American Academy of Orthopedic Surgeons. Lawn mowers are very sharp and can be quite dangerous, so anyone using them should always exercise extreme caution. Anyone using a lawn mower, or any other piece of outdoor equipment, should pay close attention to all safety guidelines in order to avoid injuring themselves and others that may cross their paths. A lawn mower is a serious piece of equipment that can deliver catastrophic injuries should an accident occur, so review the following reminders to keep you and your loved ones free from harm.

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Hillsborough County court records show that a Central Florida man whose penis and testicles were severed in an industrial accident several years ago has filed another negligence lawsuit, this time against his former employer.

The injured man first filed a suit in January 2011 against Future Foam Carpet Cushion and Baumer of America, the company that manufactured the “peeler” machine that caused the injury. However, the case was dismissed shortly after being filed.

Last month, the man filed another lawsuit suing Spartan Staffing, his former employer.

The man was injured Jan. 13, 2010 at Future Foam Carpet Cushion after he apparently removed a foam core from a machine that has a steel blade.

The man’s attorney claims he was not properly trained to operate the machine. Court records show that the steel blade sliced through the man’s pelvis, cutting off his penis and testicles.

Following the accident, Future Foam was cited for 10 serious violations by the Occupational Safety and Health Administration.

709062_danger_keep_out.jpgUnder Florida law, most employers are required to carry workers’ compensation insurance coverage in case a worker becomes injured while on the job. Workers’ compensation benefits help to cover the costs of medical bills, lost wages and other expenses for injured workers. In order to receive these benefits the injured employee must demonstrate that he or she was harmed during the course of their employment. If the injury suffered is proven to be work-related, then the employee should be financially compensated for their injury.

While this process may seem straightforward, on the job injuries can be quite complex matters. These cases may involve multiple parties, including insurance providers, medical doctors, other employees and the Florida Division of Worker’s Compensation. Additionally, the laws governing these claims are ever-changing, which only makes it harder for injured workers to protect their claims.

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According to the National Highway Traffic Safety Administration, manufacturers filed for more than 650 safety recalls in 2012 affecting more than 17.8 million vehicles, child seats and vehicle equipment. Additionally, the NHTSA prompted the recall of more than 9 million vehicles and 60,000 items of vehicle equipment, such as child safety restraints and tires.

Nearly 42,000 complaints from consumers addressing possible safety defects influenced the NHTSA to check out these potential issues for consumers.

1194812_starting_the_car.jpgOver the past three years NHTSA’s investigations and testing have resulted in more than 430 recalls, including 22 million vehicles and products. Since 1966, the NHTSA’s work has directly resulted in 17,000 recalls of more than 500 million vehicles and another 84 million equipment products.

Certain types of vehicle defects can lead to tragic car accidents that often involve not only the occupants of the affected car, but other drivers, passengers and even pedestrians. Auto defects can include tire defects, engine failure, structural problems, roof crush and many more. Multiple parties can be held liable when catastrophic collisions occur, including a negligent driver, the auto manufacturer or the maker of a defective auto part. While it is very important for a vehicle to do its job and protect occupants in the event of a crash, it is equally important for safety restraint systems to be fully functioning. This is also true for car seats, as they are supposed to minimize the risk of serious injuries to babies and toddlers should an unfortunate wreck occur.

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The high-profile lawsuit filed by a cruise ship attendant on the Royal Caribbean cruise ship that carried John Travolta as a passenger in June 2009 has been dropped as of Feb. 4.

In the lawsuit, a cruise ship worker accused Travolta of disrobing and exposing himself to him during a massage and then embracing him forcefully.

Travolta insisted that the man’s allegations were entirely fabricated.

Neither party has released what prompted the dismissal.

12178_costa_victoria_2.jpgThe abrupt and secretive ending to this case is quite interesting. Travolta’s attorneys attempted to throw the case into arbitration On Feb. 1. Travolta’s attorneys claimed that the stipulations printed on the back of Travolta’s Royal Caribbean ticket states that any legal disputes should be settled through arbitration. This simply means that Travolta would have avoided the publicity that goes along with a public trial. This is usually how cruise lines respond to lawsuits prompted by injured crew members. However, a federal judge denied Travolta’s request to arbitrate the case. If the case had not been dismissed, the case would have headed to a jury trial. Now that the lawsuit has been dropped, it is unknown whether the crew member was paid an out-of-court settlement in order to avoid a highly public trial.

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1145736_father_and_children_on_a_walk.jpgA Deltona, Florida student became the 10th student to be injured this year after he was struck by a car while riding his bicycle Thursday morning.

The driver was cited in the crash.

While the 11th grader only suffered minor injuries, Volusia County school officials said that children being injured by cars – two fatally – has been an ongoing problem in the area for the last two academic years.

School and community leaders in the area began researching the problem after 27 students were involved in collisions in the 2011-2012 school year. School officials decided to combat the issue with heightened awareness and law enforcement around the county’s schools.

Drivers were found to be at fault in about half of the incidents, but students’ not looking before crossing the street seems to be a contributing factor as well, according to a schools spokeswoman.

Another high school student was hit by a driver Tuesday while getting off the bus.
The motorist heading in the opposite direction apparently failed to stop when the school bus signaled it was stopping by flashing its lights. The student suffered a broken leg.

None of the injuries this year have been fatal, just minor injuries from bumps and bruises to broken bones. The collisions took place while students were biking or walking within a mile of their school.

Out of the 27 injured last year, 10 accidents occurred in Orange City, where a high school student was killed as he was walking to school in February. He was one of two students killed.

A safety zone was implemented to control the high number of accidents. The majority of victims were middle school students, but children as young as third graders have suffered injuries.

As children head back to school, it is important for all drivers to be extra cautious of the increased number of children walking or biking on sidewalks and streets. According to the National Highway Traffic Safety Administration, 59,000 pedestrians were injured in 2009. Of those injured, 13,000 were age 14 and younger. When traveling through residential areas and school zones, it is essential for all drivers to be on the lookout for children walking, biking or playing in the street as it is not uncommon for kids to unexpectedly dart out into traffic.

As a parent, it is important to teach your children the rules of being a safe pedestrian. Regardless of whether you are walking to school with them or if they are making the trek solo, there are certain safety rules children should be aware of.

How to Cross Safely at an Intersection. Teach your child to never cross the road unless there is an intersection or crosswalk. Not only is this a safety measure, but it is the law, so make sure they follow it accordingly.

Always Cross the Street with an Adult. Children younger than 10 should never cross the street alone. If you are unable to accompany them on their jaunt to and from school make sure another adult is. Holding a child’s hand when crossing the street can prevent them from running off and into oncoming traffic.

Safety in Numbers. If your child is older and capable of walking without you, it is best for them to do so with a group. This is for safety reasons, as it is easier for motorists to spot a group of children as opposed to one.

Use Sidewalks When Possible. All pedestrians should use the sidewalk if one is available. If not, remind children to stay on the shoulder of the road, facing traffic and as far away from moving vehicles as possible. If your child is riding a bicycle, explain to them that different rules apply. Bikers must always ride with traffic.

Always Look Left-Right-Left. Before crossing the street, children as well as adult should always look left, then right, then left again. Explain to children that they should follow this rule at all times in case negligent drivers fail to follow traffic laws.

Traffic Signals. Teach your children what the traffic signals are and what they mean. Show them how the buttons work and when it is safe to cross. Constantly remind children that just because the signal may say it is safe to walk, they should always look left-right-left before venturing out into the crosswalk. Do this with your child every time you walk with them to enforce good habits.

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1342272_digger.jpgA man was airlifted to a local hospital in Tampa Friday morning after firefighters rescued him from a construction accident under the Interstate 75 overpass.

The man was apparently working on the construction site when an unknown accident took place around 11 a.m.

He was apparently working in a 9-foot deep ditch when the wet dirt gave way and buried him.

His current condition is unknown.

Construction workers have one of the most dangerous occupations in the United States. According to the Occupational Safety and Health Administration, one in ten construction site workers are injured on the job every year across the U.S. In fact, there are nearly 150,000 construction site accident injuries every year, according to the Bureau of Labor Statistics. If you were injured while working on a construction site, you may be able to seek financial compensation for damages.

While injured construction workers may face limited rights under the state of Florida’s Worker’s Compensation Laws, there are ways to obtain compensation from the negligent parties that contributed to your injuries. When an accident on a construction site occurs, the owners, architects, insurance companies and manufacturers of equipment may be held accountable for failing to supply workers with a safe environment. In general, the contractor and any subcontractors are required to supply workers with a reasonably safe site, free from hazardous objects and toxic substances. Additionally, they must properly train all employees, enforce building safety codes, warn all employees of any danger zones and coordinate job safety. Despite various safety regulations, workers face many risks when on construction sites resulting in numerous injuries every year.

Many serious work-related injuries are due to falls from great heights. However, even something as minor as tripping over a misplaced piece of piping can deliver devastating injuries. The most common construction site injuries include:

• Broken Bones or Fractures
• Traumatic Brain Injuries
• Spinal Cord Injuries
• Burn Injuries
• Electrocution
• Amputation
• Scarring and Disfigurement
Wrongful Death

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