Personal Injury Claim

March 28, 2016

Drivers with Untreated Sleep Apnea Have 5 Times Greater Crash Risk

by Whittel & Melton, LLC

Truck drivers with untreated sleep apnea have a five times greater preventable crash risk than those who are being treated or do not have the ailment at all, according to a new study published in the journal Sleep on Monday.

Driving trucks while drowsy is quite dangerous. Even riskier are those with sleep problems.

“It’s estimated that up to 20 percent of all large truck crashes are due to drowsy or fatigued driving, which would account for almost 9,000 fatalities and up to 220,000 serious injuries,” says senior author Stefanos Kales from the Harvard Chan School.

March 22, 2016

It May Soon Be Illegal to Text & Walk in New Jersey – Could Florida Follow?

by Whittel & Melton, LLC

If a new bill becomes law, you might find yourself in jail for texting and walking in New Jersey.

Last week, New Jersey Legislature introduced a measure that would outlaw texting while walking. If it passes, the penalty could be a $50 fine, 15 days in jail or both.

New Jersey already has a distracted driving ban, violations of which can cost offenders up to $400 for the first infraction. Expanding the ban to walking would increase the state’s traffic safety laws even more.

Studies have found that texting can turn the simple act of walking into something much more perilous. Accidents related to distracted walking have jumped 35 percent since 2010, according to reports from CBS.

According to research from the University of Alabama at Birmingham, people texting while crossing the road are twice as likely to be hit by a car than people talking on their phones.

Distracted walking can be as deadly as distracted driving, according to recent reports. So the question is how can you stop people from using their cellular devices for music, conversations, reading emails and texts, and sending emails and texts while walking? New Jersey is hoping to put an end to the distracted walking by getting government involved, but others disagree and feel that personal responsibility should be emphasized.

There are not enough police officers to be at every intersection to fine or arrest every single person who is texting while crossing the street, so it is up to each individual to behave responsibly and to encourage everyone else to do so as well. This is more than just a courtesy reminder, it could very well be a matter of life and death.

At this time, Florida does not have any new bills similar to New Jersey’s that could soon be law. However, if the bill does pass and become law, we may see more states following with similar rules, especially if the number of injuries and deaths decrease. Only time will tell for now.

March 18, 2016

‘Chloe’s Law’ Requiring Retention Pond Guardrails Goes Into Effect July 1

by Whittel & Melton, LLC

Less than a year after a University of Central Florida student drowned after her car crashed into a pond, a law is being passed in her name that would require roadside guardrails in front of bodies of water.

Chloe’s Law has passed both the House and the Senate and will go into effect this summer.

With the passing of Chloe’s law, any site of a drowning-related traffic accident over the past ten years will be outfitted with a guardrail.

According to Federal crash data, 49 people in Florida died inside submerged vehicles from 2008 to 2012. No other state comes close to these alarming numbers. Texas, ranks No. 2, with 18 deaths, followed by Indiana with 14, and Arizona and Louisiana, each with 10.

According to the National Highway Traffic Safety Administration, counties with the highest concentration of motor vehicle drownings were:

Palm Beach
Broward
Miami-Dade

Orange, Duval, Lee and Collier Counties are tied for fourth place.

While it is true that guard rails won’t stop all accidents from occurring, strategically placed rails can reduce drowning fatalities from these types of collisions. In many cases, guard rails can turn what could be a fatal accident into a minor traffic incident.

If you or someone you love has been involved in any type of auto accident that resulted in serious injuries or death, you might have a claim for financial compensation if someone else is responsible for the incident, including when another driver’s negligent actions caused your car to travel off the road and into a body of water.

March 17, 2016

Bus Stop Pads Coming to Flagler County

by Whittel & Melton, LLC

The city of Palm Coast introduced plans Tuesday that will help protect students from getting hit by vehicles.

The Flagler county school district said five students have been hit this year, including one killed, while going to or from school.

The city says more than 5,000 students ride a bus to school.

On Tuesday, council members decided to put a pilot plan in place to install concrete bus stop pads where students will be able to stand.

The idea is to provide children with a place to wait that is off the street, adding a level of protection. When kids have no place to stand, they tend to roam around, run around, jump and play, which could easily lead to a collision with a moving vehicle.

The city will start with three bus stop pads at cost of between $800-$900 each. It also plans to add additional signs so drivers know it’s a bus stop.

While this certainly won’t solve all the problems with children and bus stop accidents, it’s a way to start. Many bus stops are along busy streets, and at certain times of the year, low-light conditions can make it harder for drivers to spot children who are in the road. Bus drivers may also have trouble seeing kids, especially when they unexpectedly move behind, under, or in front of the bus at a bus stop.

When waiting for the bus, children should be made aware of the following precautions:

Stay at least 10 feet back from the edge of the road.
Wait for the bus to stop completely before boarding.
After getting off the bus, wait for the bus driver to signal that it is OK to cross the street.
Use the handrail when entering or leaving the bus.
Never walk behind the bus.

March 16, 2016

Uber Facing Lawsuit for Wreck Causing Brain Damage in Miami Beach

by Whittel & Melton, LLC

Uber is facing a lawsuit after one of its drivers crashed while leaving a hotel in Miami Beach.

This collision caused massive brain damage to a nurse visiting from South Carolina.

The lawsuit is the latest against ride-sharing services involved in traffic crashes in Miami-Dade, and comes as the county commission is considering legislation to regulate the business of Uber and its smaller competitor, Lyft.

The suit was filed by the nurse and her husband who were in town for a medical conference back in December. That afternoon, the couple used Uber for a ride from a driver who drove a 2009 Nissan Murano.

According to a police report and the lawsuit, the driver crashed into another car immediately after turning into traffic along Collins Avenue after leaving the hotel. She was cited for failing to yield to oncoming traffic.

The nurse, who specializes in the administration of anesthesia, suffered injuries to her brain and has undergone several surgeries. The nurse’s husband broke his leg in the crash.

According to reports, for now, the woman must wear a helmet to protect her skull before another surgery scheduled later this month.

The popularity of Uber and Lyft – which contract with drivers who use a smartphone app to accept requests for rides – have definitely increased in South Florida and across the country in recent years. However, this is not the first lawsuit that has come up regarding the rideshare apps.

The nurse’s lawsuit is at least the third against a ride-sharing service involved in a crash in the past six months. Each of these cases centers on drivers paying attention to their smart phones, and not the road.

In January, Uber was sued by the relatives of a Miami-Dade College student who was killed in a crash in Kendall. The Uber driver was not faulted in the crash.

Back in November, Lyft was slapped with a lawsuit by the family of a 29-year-old who was thrown off his motorcycle and killed after a crash with a ride-sharing driver in Wynwood.

In the nurse’s suit, the lawsuit alleges Uber failed to realize that the driver “was not qualified, had not received sufficient training and was not being supervised” properly.

The rise in popularity of Uber, as well as Lyft, has spurred much controversy from taxi drivers as local governments have struggled with how to legalize the operations. Miami-Dade county regulators say Uber drivers violate for-hire rules, but the popularity of the service has put enormous pressure on commissioners.

Both companies require a good amount of part-time drivers to provide both the blanket coverage and competitive rates that have made the services so popular.

Broward County initially required fingerprinting drivers, but backed after both Uber and Lyft made threats to leave the market last summer. By the fall, Broward had adopted legislation pushed by the companies.

After a Michigan Uber driver was arrested and charged with fatally shooting six people, Miami-Dade commissioners have threatened to impose a fingerprint requirement. The commission will vote in May.

It will be interesting to see how this suit plays out in the court system as it is likely that this issue will to continue to be a problem.

Remember, if you have been injured or have lost someone you care for as a direct result of someone else’s negligence or carelessness, our South Florida Injury Lawyers at Whittel & Melto are ready and able to assist you with your case. Your personal injury and wrongful death consultations are free of charge, and we are always happy to discuss what we can do for you.

March 10, 2016

Florida Roads Alluring & Deadly for Motorcycle Riders

by Whittel & Melton, LLC

The state of Florida leads the nation in the number of motorcycle fatalities, according to a recent report by the National Highway Traffic Safety Administration.

Florida had 467 riders killed in 2013, the most recent year for such statistics. That’s 10 more than Texas, the state with the second highest number.

A Look At The Numbers

There were 8.4 million motorcycles on U.S. roads in 2013, an increase from 8 million in 2009.
56 out of every 100,000 registered motorcycles was involved in a fatal crash in 2013, compared to 9 out of every 100,000 passenger cars.
From 2004 to 2013, fatalities among the 40-and-older age group increased 39 percent, compared to 16 percent for all ages.

Two weekend crashes adds to these numbers.

A 56-year-old woman from Tampa died Friday afternoon after the motorcycle she was a passenger on collided with a car on State Road 20 near Hawthorne. The man driving the motorcycle was taken to UF Health Shands Hospital in critical condition. According to the Florida Highway Patrol, neither person on the motorcycle was wearing a helmet.

On Sunday, a 44-year-old man from Loxahatchee died in Marion County when his 2006 Harley Davidson hit a dip in Southeast 182nd Avenue and overturned. The man, who was not wearing a helmet, was airlifted to Ocala Regional Medical Center, where he was pronounced dead.

Nearly 50 percent of the bikers who died in an accident in 2013 were not wearing helmets, according to the NHTSA report. Helmets are not required by law in Florida.

Motorcycle accidents can happen so quickly. In a matter of seconds you can go from enjoying your regular motorcycle ride to lying on the road or in a hospital bed. Now you are facing physical pain and disability, significant medical bills, lost wages, and other life-impacting damages.

Like most motorcycle accident victims, you will have lots of questions that you need answered, like how to pursue financial compensation for damages, how to hold responsible parties liable, and how much will legal help cost you.

At Whittel & Melton, our Florida Motorcycle Accident Lawyers are effective negotiators and aggressive trial lawyers who refuse to settle for anything less than what you deserve. We will explore every possible option in order to obtain the best outcome for you. We operate on a contingency fee basis, meaning you don’t pay us unless or until we recover money on your behalf.

March 1, 2016

Biker Killed in Crash on I-75 in Hillsborough County

by Whittel & Melton, LLC

A motorcyclist was killed early Tuesday morning after he crashed into the back of a car on I-75, according to reports.

The crash happened at 3:05 a.m. in the southbound lanes of I-75, near mile marker 250, in Hillsborough County.

Troopers believe the 27-year-old Ruskin man was riding a 2013 Suzuki motorcycle on the inside lane. At the same time, a 1999 Ford four-door was driving ahead of him, approaching Gibsonton Drive.

The man allegedly failed to slow or stop and crashed into the back of the Ford, according to troopers. He was thrown from the motorcycle and died at the scene of the crash.

Investigators say no charges will be filed at this time.

There are many lawyers who are unwilling to represent those who have been involved in motorcycle accidents because of the common stereotypical belief that motorcyclists are reckless or dangerous drivers. However, our Florida Motorcycle Injury Lawyers at Whittel & Melton know that many accidents are not the fault of the biker. We know that motorcycle accidents can happen to even the safest of motorcycle drivers and are dedicated to providing the best legal representation to those involved in these tragic events.

February 26, 2016

Royal Caribbean Anthem of the Seas Passenger Sues Cruise Line

by Whittel & Melton, LLC

A passenger on the Royal Caribbean Cruises Ltd. ill-fated Anthem of the Seas voyage earlier this month is suing the Miami-based cruise line for negligence.

In a lawsuit filed in federal court in Miami last week, the passenger alleges that Royal Caribbean was aware of the forecasted storm off the Atlantic coast that caused the line’s ship, Anthem of the Seas, to face hurricane-force winds and 30-foot waves as passengers waited in their cabins for hours for the storm to pass.

The lawsuit alleges that the cruise line chose to “send the Anthem of the Seas directly into the storm,” placing the man and the other passengers of the ship in “grave danger.” He is asking Royal Caribbean for compensatory and punitive damages.

The man said that he and his husband were told to stay in their cabins as the storm worsened in the afternoon of Feb. 7, the first full day of cruising after the 4,500-passenger, 1,500-crew ship left its port in Cape Liberty, New Jersey.

According to the suit, the pair stayed in the cabin for hours clinging onto furniture, while the ship rocked fiercely at times tipping to a 45-degree angle.

The man said he got up to use the restroom just as the ship lurched violently, causing him to be thrown 18 feet in his cabin and smash head-first into the door of the room, knocking him unconscious. The man said he sustained injuries to his head, neck, wrist and torso.

When they called the ship’s 911 number, the medical team said they were attending other injured passengers and because the man was breathing and not bleeding, instructed him to wait until the storm calmed down to seek help.

To avoid a second storm off the coast of Jacksonville, the ship reversed course and returned to port in New Jersey on Feb. 10.

The cruise line said in a statement earlier this month that the severity of the storm “far exceeded forecasts,” causing “superficial damage” to the ship.

The cruise company said it is working to improve its storm avoidance policy and adding resources to its Miami headquarters by PortMiami to better provide guidance to ship captains.

Maritime law applies to the “high seas,” which begin 24 miles from land. Maritime law is complex and can be hard to understand, especially for injury victims that are unfamiliar with cruise ship legal issues. However, in most cases, an accident, assault or other incident that leads to a cruise ship passenger being injured is governed by maritime law.

February 24, 2016

Fitness Tracker Data Used in Court Cases

by Whittel & Melton, LLC

Fitness tracker evidence has begun to make an appearance in personal injury claims. Fitness trackers, like Fitbit, Garmin, and Jawbone are widely popular as an aid to help with exercise regimens. Along with the popularity among consumers, they have also come to the attention of the legal industry and insurance companies to uncover health data to use as evidence in accident injury cases, and even criminal cases, too.

Most people use their fitness trackers to monitor and record their activity levels throughout the day or while working out. These gadgets give a documented record of the level of activity and endurance of an individual and may also record heart rates, sleep patterns and other health data.

The first court case using fitness tracker evidence in a personal injury claim took place in 2014. The Canadian case used evidence from a fitness tracker to show that the plaintiff, who had previously been a personal trainer, had substantially lower activity levels than would be expected for someone their age and profession. An analytics company used the data from the fitness tracker to compare it to the general population in determining that the plaintiff’s activity levels were below average. The fitness tracker was supplied as evidence to show that the plaintiff deserved financial compensation for their accident injury.

While this case shows that fitness trackers can prove useful in injury claims, it is important to note that they can also be used by insurance companies to deny claims and can even be self-incriminating in other types of cases.

In March 2015 a Pennsylvania woman’s fitness tracker was used against her in a criminal case. Her story was proven to be false as her fitness tracker results were used against her and she was charged with filing a false report.

The idea of using fitness tracker technology is pretty new for courts to consider and could make an impact in a personal injury claim, potentially good or bad. In general, the extent of a plaintiff’s physical injury is quantified through medical records. This is why it is so important to seek medical attention immediately if you have been injured in any type of accident that was not your fault so that you have a record of your injury, treatment, and any ongoing problems associated with the injury.

February 17, 2016

Florida Fatal Hit-And-Run Collisions At All Time High

by Whittel & Melton, LLC

Florida Highway Patrol officials are frustrated with the more than 92,000 hit-and-run crashes investigated last year across the state.

These crashes — up by nearly 7,500 from 2014 — are an increasing problem.

Troopers are hoping to put a stop to these collisions with their annual week-long hit-and-run awareness campaign.

FHP kicked off its annual awareness campaign at a Monday news conference, which highlighted Florida’s hit-and-run laws and how hard families of victims are fighting for closure.

According to troopers, 186 people died last year in Florida hit-and-run crashes.

FHP investigated 92,623 hit-and-runs last year, up from the 85,155 in 2014.

Hit-and-run accidents can have devastating effects on their victims. Unlike other car accidents, hit-and-run collisions present unique challenges. In many cases, the driver and vehicle cannot be located. In other cases, the reason the driver fled the scene to begin with is because they were intoxicated or did not have automobile insurance, leaving the victims unable to recover damages from the responsible parties.

Hit-and-run car accidents require special knowledge of Florida’s Uninsured Motorist Insurance laws, laws regarding bad faith claims denials, as well as insurance bad faith litigation, since it is more than likely that you will be going up against your own uninsured motorist insurance policy. At Whittel & Melton, our Florida Auto Accident Lawyers are familiar with all aspects of Florida hit-and-run claims and we will fight to get you the maximum recovery for your losses.