Personal Injury Claim

September 24, 2015

Man Killed in Motorcycle Crash in Altoona

by Whittel & Melton, LLC

A 23-year-old man died after losing control of his motorcycle at about 7:05 p.m. Sunday night at County Road 42 and Rea Way in Altoona.

According to the Florida Highway Patrol, the St. Augustine man was traveling westbound on CR-42 at a high rate of speed on his 2015 Yamaha.

According to the report, when he entered a curve in the road, he lost control and struck a power pole.

The man was transported to Florida Hospital Waterman, where he later died.

The driver was wearing a helmet. Police are looking into whether alcohol was a factor.

Troopers said the crash is still currently under investigation.

Speeding, alcohol, or drug use, as well as disobeying traffic laws greatly increases the chances of a serious accident. While most bikers take precautions to avoid accidents, all too often other driver’s mistakes lead to unfortunate collisions. Even when all safety measures have been observed, there is no way to eliminate the risk, even for the most skilled motorcyclists.

Any motorcyclist who has been involved in a Florida wreck and sustained any type of injury should consult with a Florida Motorcycle Accident Lawyer at Whittel & Melton. You deserve to be fully compensated for injuries caused by another motorist. Families who have lost a loved one may be able to seek compensation by filing a wrongful death claim. We realize that these are tragic situations and are extremely difficult for everyone involved.

September 23, 2015

One Injured in Crash with Seminole County Fire Truck Near Winter Springs

by Whittel & Melton, LLC

One person was taken to the hospital after a crash involving a car and a Seminole County fire truck Wednesday morning.

The crash occurred around 10:40 a.m. on Red Bug Lake Road near Tuskawilla Road, near the entrance to the Willa Springs Shopping Plaza.

Seminole County fire officials believe the truck was responding to a call when the crash happened.

The driver of the car was taken to Orlando Regional Medical Center. At this time, it is unknown how severe the driver’s’ injuries were.

The Florida Highway Patrol is currently investigating what caused the crash.

Fire trucks throughout the United States have a duty to operate in emergency service, which only contributes to the likelihood of a motor vehicle accident, especially when there is heavy traffic. The National Highway Traffic Safety Administration estimates that more than 2,000 fire truck accidents happen throughout the country each and every year. More than 1,000 injuries are associated with fire truck collisions, on average, which is quite concerning to motorists everywhere.

Reports indicate that fire truck crashes may occur as many as twice a week in some of the more urban cities in Florida. Despite the fact that all fire trucks have loud sirens, honking horns, and bright lights flashing, some heavily trafficked areas make it impossible to get out of the way. In these cases, an accident is highly likely to occur and serious injuries may result.

September 15, 2015

Buckle Up for Child Passenger Safety Week

by Whittel & Melton, LLC

September 14 kicks off the first day of Child Passenger Safety week and experts are once again reminding parents to make sure their child car seat is installed correctly.

Experts believe some parents are letting their children use a regular safety belt too soon.

According to the National Highway Traffic Safety Administration, seat belts should lie across the upper thighs and be snug across the shoulder and chest to restrain your child safely in a crash. It should not rest on the stomach area or across the neck or face.

Children who have outgrown their car seat by weight or height should use a booster seat until they reach 4 feet 9 inches tall, according to the NHTSA. The use of booster seats can also reduce injuries by 45 percent compared to using an adult safety belt alone.

They recommend keeping all children in the back seat until age 13.

Some other basic rules to follow are listed below:

Make sure the car seat is properly installed
Make sure the child is securely fastened
Make sure the buckle is at armpit level

The Florida Department of Highway Safety and Motor Vehicles requires that every driver on Florida roads use a car seat that is crash-tested and federally approved for any child 5 years old or under. According to the NHTSA, when properly restrained, infants have a 71 percent greater chance of surviving a car crash and toddlers have a 54 percent decrease in the risk of death.

Our Florida Auto Accident Injury Lawyer at Whittel & Melton encourage all Florida drivers to buckle up. We urge parents and caregivers to take extra care in buckling up little ones. Using a proper child safety seat is one of the most important steps you can take for keeping your child safe.

September 2, 2015

Florida’s Bicycle Death Rate Highest in Nation

by Whittel & Melton, LLC

A new report on bicyclist deaths by the Centers for Disease Control and Prevention finds that Florida has the highest rate of bicycling deaths of any state in the nation — 0.57 per 100,000 people, more than double the nationwide rate of 0.23 per 100,000.

While other states have found ways to cut bicycle deaths during two periods measured over the last three decades, Florida has only reduced the number less than 10 percent.

Nationwide, safety seems to be improving for bicyclists, with the number of deaths per 100,000 people declining 44 percent from 0.41 to 0.23 during the periods measured — the five years from 1975 to 1979 and the five years from 2008 to 2012, according to the new CDC report titled “Bicyclist Deaths Associated with Motor Vehicle Traffic — United States, 1975–2012.”

The steepest decline measured was among children younger than 15.

According to the report, bicyclists are killed on U.S. roads at a rate double that of vehicle occupants, even though bicycle travel accounts for only about 1 percent of trips across all modes of transportation.

Because of the year-round warm climate in Florida, cycling is a popular mode of transportation and exercise activity during most months of the year. However, Florida roadways also pose serious risks to bicyclists, from distracted automobile drivers to improper bike lanes. If you or someone you love has suffered a serious injury or was killed in a bike accident, it is very important to discuss your case with a Florida Injury Lawyer at Whittel & Melton.

Unfortunately, what could start out as a leisurely bike ride can quickly turn into a fatal accident. At Whittel & Melton, we believe that the responsible party should be held responsible for damages. Filing a personal injury or wrongful death claim for a bike accident can be complex, but we can provide you with the experienced representation you need.

August 26, 2015

Hawthorne Man Killed in Tractor Accident

by Whittel & Melton, LLC

An 82-year-old Hawthorne man was killed last week when he was crushed while his tractor towed another tractor in a pasture in Putnam County.

Just before 1 p.m., the man was using a Masse tractor to tow a Ford tractor from a field at 125 McMeekin Lake Lane for repair. The man and another person were moving the Ford from a pasture and the inoperable machine failed to stop when the man stopped his machine, according to a release by the Florida Highway Patrol.

Emergency crews were called to the location about six miles east of Hawthorne, and Putnam County paramedics took the man to UF Health Shands Hospital, where he was pronounced dead.

No charges will be filed at this time, according to reports.

Thousands of people are injured or killed each year due to tractor accidents. Tractor accidents can happen in a variety of ways, but some of the most common causes of tractor accidents include:

Tractor rollovers
Road collisions
Being crushed or run over by a tractor
Injuries caused to a third party by operator error
Unsafe working conditions
Defective parts
Manufacturing or design defects

August 21, 2015

1 Killed After Train Hits Car in Auburndale

by Whittel & Melton, LLC

One person is dead after an Amtrak train struck a vehicle in Auburndale Monday evening.

A 44-year-old man died in the accident that occurred on Stadium Road near Bennett Street.

According to witnesses, the arms were down and the lights were flashing at the tracks. Cars were apparently stopped on both sides and the driver of the car allegedly went around other traffic and crossed the railroad tracks.

The investigation into this accident is ongoing.

A train wreck is usually a catastrophic event that often results in multiple injuries and a high number of fatalities. According to the U.S. Department of Transportation, the Federal Railroad Administration reports that there are close to 14,000 train wrecks annually. Of these train accidents, around 850 people die every year and another 9,500 people are injured. Unfortunately, train wrecks, railroad crossing accidents, and deaths and injuries as a result of collisions between trains and cars occur quite frequently.

August 20, 2015

State Not Filing Charges Against Dad in Lake City Hot Car Death

by Whittel & Melton, LLC

Prosecutors have decided not to file any charges in the May 13 death of a 16-month-old girl who was found unresponsive after spending most of the day locked in her father’s car.

The Columbia County Sheriff’s Office reported that the father forgot to take the child to daycare Tuesday morning and left his daughter in the hot car all day.

The girl was found not breathing around 3:15 p.m. on May 13 when he got home and a family member inside asked him where the girl was. He realized then that she was still inside the car and ran to get her. He performed CPR on the girl, but when paramedics arrived, the girl was dead.

The man was not under the influence of alcohol. Police and prosecutors found that the man did not intentionally leave the child in the car.

“We decided that it’s not something we’re going to prosecute because there was no egregious behavior on his part, and to be honest with you, it’s going to be hard to punish him more then he’s being punished right now,” said Assistant State Attorney Sean Brewer of the Eighth Judicial Circuit, based in Gainesville.

According to research conducted by the Department of Earth & Climate Sciences at San Francisco State University, at least fifteen hot car-related child deaths occurred in 2014. The Department documented 44 deaths of children in hot vehicles in 2013 and have logged 621 cases since 1998. The research the Department has collected shows that in half of hot vehicle death cases, children were forgotten by their parent or caregiver. Less than a third of cases were the result of children playing in an unattended car, and less than a fifth of cases were the result of adults intentionally leaving children locked inside sweltering vehicles. Research also shows that criminal charges are only brought against responsible parties in about half of all death cases.

August 18, 2015

Biker Crashes into Tree in Weston

by Whittel & Melton, LLC

A motorcyclist was flown to a hospital Friday evening after he crashed into a tree in Weston, according to Broward Sheriff Fire Rescue.

According to police, the crash occurred around 6:30 p.m. near the intersection of Royal Palm Boulevard and Town Center Boulevard.

Broward Sheriff’s Office Air Rescue landed on the Weston Hills Country Club golf course to pick up the man and take him to Broward Health Medical Center as a Level 2 trauma, according to reports.

Police said that the man, whose name and age were not released, suffered injuries that were potentially serious but did not appear critical or life-threatening.

While this crash is likely the subject of an ongoing investigation, those injured in motorcycle crashes can potentially file civil litigation seeking damages under certain circumstances. In many motorcycle accidents cases, it is possible for an injured person to seek compensation if it is reasonable to claim that another person’s negligent conduct resulted in the accident. In certain scenarios, passengers may seek monetary damages for medical bills, pain and suffering and possible lost wages.

August 17, 2015

Carnival Cruise Employee Charged with Molesting Teen Passenger

by Whittel & Melton, LLC

A Carnival Cruise Lines employee was arrested in Florida on Saturday for allegedly sexually abusing a male teenage passenger.

According to the Brevard County police, the 46-year-old steward on the Carnival Valor, was arrested when the ship docked at Port Canaveral, east of Orlando. He has been charged with sexual battery of a person under 16 years of age and lewd and lascivious molestation, and is being held on $95,000 bail, the statement said.

The victim’s father reported to ship security on Friday that the man started a conversation with the teenage boy while he was using the sauna and then followed the teen to a shower area where the alleged sexual conduct occurred, according to a Carnival spokesperson and police.

Once the victim’s father learned of the alleged incident, he and other passengers detained the man until security arrived, according to police.

Police said that Carnival Valor security reported the alleged crime to the Brevard County Sheriff’s Office on Saturday morning before the ship docked.

According to a statement, Carnival Cruise Lines staff was cooperating with police and the FBI had provided “full support and assistance” to the victim while he was still on the ship.

Controlling and preventing crimes on board cruise ships is one of the largest problems that the cruise ship industry faces. Each year, dozens of cruise ship passengers fall victim to physical and sexual assaults onboard cruise ships due to crew members and other passengers.

August 10, 2015

Man Falls 3 Stories in Construction Site Accident

by Whittel & Melton, LLC

A man fell about three stories at a construction site on International Drive Thursday afternoon.

According to an Orange County spokeswoman, the man was conscious when firefighters reached him.

The man, in his 40s, was taken by helicopter to Orlando Regional Medical Center, according to reports.

The construction site is near International Drive and World Center Drive.

He was under a trauma alert, which means he was in serious or critical condition.

It is not clear how the man fell from scaffolding.

Scaffolds are temporary structures that are designed to elevate a construction worker and materials to a height. Usually scaffolds are used to walk around a structure.

Improper connections and sharp corners can result in minor scaffolding-related injuries like cuts and bruises. Plank failures, falling planks, pipe failures, falling pipes, support failures, falling supports, falling objects and falls to the ground can lead to severe scaffolding-related injuries such as traumatic brain injuries, amputations, fractures, paralysis, nerve damage and wrongful death.

If you or a loved have been injured while working at a jobsite, you and your family may be entitled to receive financial compensation for health care, medical expenses, medical bills, loss of income and pain and suffering.