Personal Injury Claim

November 3, 2015

NTSB Believes They Located El Faro

by Whittel & Melton, LLC

The National Transportation Safety Board believes El Faro, the cargo ship that went missing during Hurricane Joaquin, has been found in the Atlantic Ocean about 15,000 feet below the surface.

The NTSB said the USNS Apache used sonar equipment. The technology first detected the vessel Saturday afternoon.

Specialists on the Apache will use a deep ocean remotely operated vehicle to survey and confirm the identity of the wreckage. The survey could start as early as Sunday.

NTSB said the sonar detection is consistent with a 790-foot cargo ship. The vessel appears to be upright and in one piece.

If the vessel is confirmed to be El Faro, the remote will use a video camera to document the vessel and debris field in order to locate and recover the voyage data recorder.

El Faro went missing on Oct. 1 during Hurricane Joaquin. The Coast Guard searched for the boat for many days before the NTSB contracted the U.S. Navy to take over the search.

El Faro had 28 crew members from the United States and five from Poland. The ship was heading to Puerto Rico on Sept. 29 from Jacksonville on a regularly scheduled cargo supply run.

Reports indicate that the ship had lost power, had taken on water and was listing 15 degrees but that the situation was “manageable,” in their last communication, according to ship owner TOTE Maritime Puerto Rico.

Joaquin was a Category 4 hurricane when El Faro got caught in the storm. According to reports, the ship had 391 shipping
containers on board, making it quite top-heavy as it tried to navigate through Joaquin’s 50-foot waves.

Anyone who has spent time earning a living on the ocean knows that this is a risky trade. The unpredictability of the ocean places even the most experienced of sailors and the strongest of ships in constant danger. These conditions demand professionalism from all of the crew members of any sea vessel, whether it is a cruise ship, cargo ship, fishing boat, tugboat, or anything else. Any lack of competence places all the lives on board at risk.

Despite the fact that working on the ocean is inherently dangerous, this fact alone does not absolve the shipowner, captain or crew members from being at fault if one of their employees or fellow workers suffers an injury or death due to negligence.

October 26, 2015

Oklahoma State Homecoming Parade Ends in Fatalities

by Whittel & Melton, LLC

A driver smashed into a crowd of spectators Saturday during the Oklahoma State homecoming parade, killing four people, including a toddler, and injuring almost four dozen others, according to reports.

Police confirmed that the woman’s sedan struck an unoccupied motorcycle of an officer, who was working security at the parade, then continued into the crowd. The 25-year-old female driver was taken into custody on a charge of driving under the influence. Police are awaiting the results of blood tests to determine whether she was impaired by drugs or alcohol.

A 2-year-old boy was the latest to die from injuries caused by the morning crash.

On Sunday it was confirmed that a 23-year-old woman,a 65-year-old woman and a 65-year-old man were killed in the crash.

Reports indicate that 47 other people were injured in the collision, including five who remained in critical condition early Sunday.

Oklahoma State president Burns Hargis said there had been discussion about canceling the homecoming game Saturday afternoon against Kansas, but it was played as scheduled. The flag at Boone Pickens Stadium was lowered to half-staff, the victims were remembered with a moment of silence before kickoff, and most of the OSU players knelt on the sideline in prayer.

When a parade or parade float accidents occurs, it is usually due to negligence on the part of one of the drivers involved. When an accident of any kind happens due to another party’s negligence, including a motor vehicle collision like this one, injury victims and the families of those killed are entitled to financial compensation for medical expenses, pain and suffering as well as other damages.

October 21, 2015

This Week is National Teen Driver Safety Week

by Whittel & Melton, LLC

The National Highway Traffic Safety Administration has announced October 18 through the 24th is Teen Driver Safety Week. Traffic crashes are the leading cause of death for teens between the ages of 14 and 18 years old, and the NHTSA is hoping to raise awareness about the issues facing teen drivers and passengers.

During Teen Driver Safety Week, parents are highly encouraged to talk to their children about the “Five to Drive” rules and staying safe behind the wheel.

Teen Traffic Crash Statistics

In 2013, there were 2,614 teen drivers involved in fatal crashes.
Nearly one out of five teen drivers involved in fatal crashes had been drinking in 2013.
In 2013, almost one-third of teen drivers involved in fatal crashes were speeding.
64 percent of all the young passengers of teen drivers who died in car crashes weren’t restrained in 2013.
11 percent of teen drivers involved in fatal crashes in 2013 were reportedly distracted at the time of the crash.

Recent survey results show that only about 25 percent of parents have had a serious talk with their kids about the dangers that come along with driving. The NHTSA is urging parents to bring up the topic and discuss the key components of driving and the dangers facing their teen drivers.

Driver inexperience is not the only factor impacting teen drivers when they are behind the wheel. There are many added distractions for teens that can impact their safety- from texting while driving to extra peer passengers.

Teens can drastically reduce their chances of being involved in an injury causing or fatal crash by following the NHTSA’s “Five to Drive” rules.

The Five to Drive

No drinking and driving.
All passengers always buckle up.
Do not text and driver. EVER.
Do not speed.
Do not have more than one passenger in the vehicle at any time.

October 17, 2015

NTSB Releases First Report on El Faro Sinking

by Whittel & Melton, LLC

The National Transportation Safety Board released its preliminary report Thursday on the investigation into the El Faro tragedy.

According to their findings, the U.S. Coast Guard received distress alerts from the 737 foot cargo ship on October 1 around 7:15 a.m.

The ship was 36 nautical miles northeast of Acklins and Crooked Islands, Bahamas, and close to the eye of Hurricane Joaquin.

The ship was en route from Jacksonville to San Juan, Puerto Rico with a cargo of containers and vehicles.

According to the NTSB report, just a few minutes before the distress alerts, the El Faro master called TOTE Maritime’s designated person ashore and reported the ship was experiencing some flooding. He said the crew had controlled the flooding but the ship was listing at 15 degrees and lost propulsion.

The Coast Guard and TOTE were unable to reestablish communication with the ship. Of the 33 crew members on the Jacksonville-based ship, 28 were U.S. citizens and five were from Poland.

The Coast Guard deployed helicopters and search vessels to the ship’s last known position, but the search was halted due to hurricane force conditions.

The report stated that on Sunday, October 4, a damaged lifeboat, two damaged liferafts, and a deceased crewmember wearing an immersion suit were found. The next day, a debris field and oil slick were found, and the Coast Guard determined the El Faro was lost and declared the event a major marine casualty.

The Coast Guard suspended the unsuccessful search for survivors at sundown on Wednesday, October 7.

On Tuesday, October 6, the National Transportation Safety Board launched a full team to Jacksonville to lead the federal investigation in cooperation with the Coast Guard, the American Bureau of Shipping, and TOTE as parties.

The U.S. Navy Salvage and Diving division of the Naval Seas Systems Command was contracted to locate the sunken ship, assist in the sea floor documentation of the wreckage, and recover the voyage data recorder, according to reports.

Working on board cargo ships like the El Faro can be extremely dangerous. While out to sea, crew members put their lives on the line to ensure that the goods necessary for our daily lives arrive to where they need to be on time. They face dangerous weather conditions and the constant risk of being thrown overboard.

At Whittel & Melton, our Maritime Accident Lawyers are experienced and trained to represent injured seamen and their families, as well as the families of those who have lost loved ones on cargo vessels, like the El Faro. We will represent victims nationwide in maritime personal injury and wrongful death lawsuits.

In many cases, the surviving family members of those who are killed at sea are able to obtain wrongful death compensation under the Jones Act, Death on the High Seas Act, or Admiralty Law.

October 16, 2015

Motorcyclist Killed in Palmetto Crash on I-275

by Whittel & Melton, LLC

A motorcyclist was killed Friday after troopers believe he crashed into a guardrail along I-275 in Manatee County.

The crash occurred at 12:05 p.m. in the southbound lanes of I-275 near the interchange with I-75.

According to the Florida Highway Patrol, the 64-year-old Tarpon Springs man was riding a 2011 Harley-Davidson south on I-275 when he failed to navigate a right curve in the road.

The motorcycle traveled off the north shoulder and hit a guardrail. The man, who was not wearing a helmet, was ejected over the guardrail and landed on the grass shoulder.

The man was pronounced dead at the scene of the collision.

Collisions involving guardrails for motorcycle riders can result in tragic accidents, as this crash shows. Motorcycle riders sustain a significantly higher rate of fatality than occupants of other motor vehicles involved in a collision with a guardrail. While motorcyclists only account for around 2 percent of the vehicles on the road in the U.S., they make up 42 percent of all fatalities involving collisions with guardrails. The fatality risk for a collision involving a guardrail is nearly 80 times higher for motorcyclists compared to occupants of passenger vehicles.

October 12, 2015

Man Claims Boca Raton Nursing Home Failed to Save Mother from Choking

by Whittel & Melton, LLC

A Delray Beach man filed a wrongful death lawsuit Thursday against the Whitehall Boca where his 72-year-old mother was recuperating from pneumonia.

The man said his mother was suffering from a condition making it difficult for her to swallow or eat or drink solid foods.

In April, the man claims he was on the phone with his mother when she told him she felt like she was choking. He said he called the nursing home to alert them his mother needed help, but no one answered his calls.

According to reports, call records show a woman called 911 from the choking woman’s room and then hung up.

When dispatchers called back, the receptionist had no idea there was any trouble, and the nursing station did not answer.

Fire Rescue did respond, and documents Fischer show that the staff was not performing CPR, rather they were standing around the woman’s bed.

Reports indicate that the woman had not been breathing or responding for at least five minutes. The records also shows that the staff had not cleared the woman’s airway, which was clogged with vomit, which made her condition worse.

Wrongful death is a type of civil case, that is usually brought against a negligent party that has wrongfully caused the death of another party. In nursing home wrongful death cases, the victim’s loved ones are usually the one’s filing a lawsuit against the facility for negligence and/or abuse.

When considering filing a wrongful death lawsuit against a nursing home, there are several factors to consider, including:

If the death was caused somehow by the nursing home
If the conduct of the staff members, healthcare professionals, or caregivers at the nursing home contributed to the death
If there are surviving family members of the victim, such as a spouse, children, or other dependents and/or beneficiaries
If the victim’s death resulted in damages or pain and suffering

October 8, 2015

Coast Guard Calls Off Search for El Faro

by Whittel & Melton, LLC

The Coast Guard announced today its plans to end its search at sunset for 33 missing crew members from a U.S. cargo ship that sank last week during Hurricane Joaquin.

Coast Guard officials made the announcement at a 3 p.m. news conference Wednesday.

The 790-foot cargo ship sank Thursday off the Bahamas during Hurricane Joaquin, a Category 4 storm with 140 mph winds that was producing 50-foot waves.

Officials believe the ship’s captain had plans to go around the storm as he headed from Jacksonville, Florida, to Puerto Rico but the El Faro fell victim to unexplained engine failure that left it unable to avoid the storm.

Federal investigators announced they still hope to recover a data recorder from the ship as search crews continue looking for any survivors.

The National Transportation Safety Board sent a team to Jacksonville on Tuesday to begin the agency’s inquiry, which will help get to the bottom of the question of why the captain, crew and owners of El Faro decided to risk sailing in hurricane waters.

Another unanswered question is whether the five workers whose job was to prepare the engine room for a retrofitting had any role in the boat’s loss of power, which set the vessel adrift in the stormy seas. Officials from Tote Inc., the vessel’s owner, do not believe this to be true. However, the answers determined will help investigators figure out why the boat apparently sank near the Bahamas, possibly claiming the lives of all 33 aboard.

The ship is believed to have gone down in 15,000 feet of water after reporting its last known position last Thursday. One unidentified body has been found.

When the El Faro left Jacksonville on Sept. 29, five workers from Poland came along with 28 U.S. crew members to do some preparatory work in the engine room, according to reports. It is not believed that this work would have had anything to do with what affected the propulsion.

The El Faro had no history of engine failure, and company records show it underwent its last annual Coast Guard inspection in March.

The American Bureau of Shipping, a nonprofit organization that sets safety and other standards for ships, did full hull and machinery inspections in February and reported no problems.

The loss of this vessel is undoubtedly a tragedy to all parties involved, including the families of the missing crew. If negligence was a factor in this accident, which resulted in engine failure, this could be grounds for a wrongful death lawsuit, or an injury suit if any survivors are located.
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October 7, 2015

El Faro Likely Sank In Hurricane Joaquin

by Whittel & Melton, LLC

The Coast Guard announced Monday that the El Faro, a cargo ship that left Jacksonville on September 29 for a routine trip to Puerto Rico, likely sank in the Atlantic while caught in the powerful Category 4 Hurricane Joaquin.

On board were 33 crew members.

Crews have found items from the ship, including several survival suits, a life ring and two lifeboats. One of the suits had a body in it that has yet to be identified.

The spot where they think they ship sank is 15,000-feet deep and somewhere near Crooked Island in the Bahamas. All communications were lost at 7:20 a.m. Thursday.

Following the search and rescue mission, the National Transportation Safety Board and Coast Guard will start their investigations.

According to records obtained from the American Bureau of Shipping, the El Faro had up-to-date safety inspections. The ship was last inspected by ABS on Feb. 13. It received annual endorsements for Load Line, Cargo Ship Safety Construction, and Cargo Ship Safety Equipment. According to ABS, the El Faro had no statutory deficiencies as of its last reporting.

Tim Nolan, president of TOTE Maritime, which owns El Faro, released a statement Monday afternoon:

“At this point in time, the entire TOTE Maritime Puerto Rico family is distressed that it now appears the El Faro sank at or near its last known position on Thursday October 1, 2015. We continue to hold out hope for survivors. Our prayers and thoughts go out to the family members and we will continue to do all we can to support them. The efforts and assistance from the US Coast Guard has been extraordinary and we continue to be grateful for their dedication and efforts to find surviving crew members. TOTE Maritime Puerto Rico continues to work closely with the Coast Guard in ongoing search and rescue.”

While the media and public might believe the ship is gone, Coast Guard search teams as well as families of the missing crew still have hope that they will find survivors. Hurricane weather conditions do make survival more difficult, but it is important to note that a person can survive four or five days in warm water.

October 5, 2015

This Week is Fire Prevention Safety Week

by Whittel & Melton, LLC

While fire safety should be a focus every day of the year, this week is Fire Prevention Week and serves as a timely opportunity to share smoke alarm safety reminders. Now is the time to test your smoke alarms and replace the batteries. Working smoke alarms actually cut the chance of dying in a fire in half. On that same note, three out of five fire deaths last year resulted from fires in homes with no smoke alarms or no working smoke alarms.

Smoke alarms should be tested monthly and replaced every ten years. Smoke alarms with non-replaceable, ten-year batteries should last for up to ten years and be replaced after that. Any other type of smoke alarm with a replaceable battery should have its batteries replaced once a year. Any time a smoke alarm beeps, this serves as a warning that the battery is low and that smoke alarm and battery immediately.

Here are some smoke alarm safety tips:

Install smoke alarms in every bedroom, outside each separate sleeping area and on every level of the home, including the basement.
Interconnect all smoke alarms in the house so that when one sounds, they all do.
Test alarms at least monthly by pushing the test button.
Replace all smoke alarms when they are 10 years old or sooner if they do not respond properly.
Make sure everyone in the home knows what the smoke alarm sounds like and knows what to do when they hear it.
If the smoke alarm sounds, get outside and stay outside.
If a fire does occur at your home, call the fire department from outside the house.

An important thing to remember about your smoke alarm is that its location does matter. Most fatal fires occur at night when people are asleep. The sad truth is that often, victims never wake up. A working smoke alarm will detect smoke and sound an alarm to alert you, giving you the time needed to escape. Remember the message behind this year’s Fire Prevention Week campaign: “Beep Where You Sleep. Every Bedroom Needs a Working Smoke Alarm!”

October 2, 2015

Bronson Woman Killed, Teen Injured in Levy County Crash

by Whittel & Melton, LLC

A 34-year-old Bronson woman was killed in a traffic crash in Levy County Wednesday morning.

A 15-year-old female passenger, also from Bronson, was seriously injured in the accident, which occurred around 6:43 a.m. on U.S. 27.

According to the Florida Highway Patrol, the woman was driving a 2002 Ford Explorer west in the outside lane and lost control of the sport utility vehicle. It veered onto the shoulder for about 120 feet before hitting a tree.

The woman was pronounced dead at the scene.

If you have been seriously injured, or if you have had a loved one killed in an accident in Florida where the vehicle left the roadway and struck a tree, pole, barrier, house, parked car or other fixed object, you are probably seeking answers to your legal questions. A Levy County Auto Accident Injury Lawyer at Whittel & Melton can help you get the answers you are looking for during this difficult time.

Auto accidents in which a car, truck or SUV exits the roadway and hits a tree, utility pole, building, traffic barrier or some other fixed object are some of the most deadly types of motor vehicle accidents. Auto accidents involving a vehicle that left the street, roadway or highway and struck a fixed object are responsible for 20 percent of deaths across the country each year.