Personal Injury Claim

April 6, 2015

Filing A Defective Airbag Lawsuit: What You Need to Know

by Whittel & Melton, LLC

Within the past year, airbags have been in the news for many wrong reasons. Many automakers have been forced to issue recalls for defective airbags, the most prominent airbag recall being Takata airbags. Nearly 8 million vehicles containing defective Takata airbags have been recalled to date that potentially propel metal shrapnel upon deployment.

Defective Airbags

Most airbags are located inside the steering wheel or in the dashboard panel and are connected to a crash sensor. This sensor sends a signal to deploy the airbag when the vehicle is involved in a severe wreck. The purpose of the airbag is to protect the driver and passengers from suffering substantial injuries, but in the case of defective airbags, they have been known to actually cause injuries, many of which can prove fatal.

Why Airbags Malfunction

Airbags deploy in a fraction of a second at speeds of more than 100 miles per hour. When an airbag malfunctions, the usual reason is because of a malfunctioning crash sensor that either does not deploy the airbag, deploys the airbag at the wrong time or deploys one airbag but not another.

Recovering Compensation in a Personal Injury Claim

If you have been injured in a collision where the airbag malfunctioned, you potentially have the option of filing a product liability lawsuit against the manufacturer of the airbag. Depending on the facts of the case, there may be additional parties who could be found liable as well, such as the manufacturer of the vehicle or any other party that was responsible for maintenance, inspection or replacement of the airbag.

There are a few things that are key to file an injury claim, the first being preserving all evidence – the airbag itself. While it may be difficult to recover the airbag immediately after the accident, remember to take pictures, because these images can help prove your case.

April 1, 2015

6 in 10 Teen Car Accidents Caused by Distracted Driving

by Whittel & Melton, LLC

The AAA Foundation for Traffic Safety conducted a study that has some pretty disturbing results. The study actually determined that more than half of all teen car crashes involve some type of driver distraction.

The results show that distracted driving is a factor in 58 percent of teen crashes. Nearly 6 out of every 10 moderate to severe accidents involving teens also involved some type of distraction behind the wheel.

The most common distractions for teens are not surprising – interacting with other passengers and cell phone usage. The study analyzed around 1,700 dashboard camera videos. Researchers observed and recorded the behavior of the teen drivers in the moments leading up to the accidents.

The following facts were determined from the study:

6 out of 10 teen accidents involve distracted driving.
15 percent of those crashes involved drivers interacting with one or more passenger.
12 percent of those collisions involved cell phone usage.
10 percent of those wrecks involved looking at something in the vehicle.

Teens that were found to be using their cell phones were said to have taken their eyes off the road for about 4.1 seconds out of the final 6 seconds leading to a crash.

Distracted driving is an epidemic involving teen and adult drivers across the country. AAA reports that teen drivers have the highest crash rate of any other driver age group.

The National Highway Traffic Safety Administration has established a set of guidelines called “5 to Drive” in order to attempt to combat the teen distracted driving problem.

No Cell Phones
No Extra Passengers
No Speeding
No Alcohol
Always Buckle Up

March 27, 2015

Woman Arrested After Leaving 2 Kids in Hot Car

by Whittel & Melton, LLC

A woman accused of leaving two children unattended inside a hot car in October was arrested Tuesday, according to the Palm Beach County Sheriff’s Office.

The arrest report states that the woman was shopping at a strip mall in the 6500 block of Lantana Road in Lake Worth on Oct. 29. She apparently went into a store to make arrangements for a child’s birthday party, leaving two children, ages 2 and 4, alone for about 15 minutes in a van that was turned off and had the windows rolled up.

While she was inside the store, a woman who was attending her daughter’s dance class next door heard screaming coming from the van as she walked by. She told police she saw the children sweating profusely and noticed that one of them had vomited.

The woman ran into her daughter’s dance studio and asked the other mothers if anyone had left children in a red van. The dance moms ran out of the studio and tried to get into the car. One woman called 911 and the others ran inside the various stores at the strip mall to try and track down the driver.

When the driver was located she used her key remote from inside the store to open the rear hatch. Three of the dance moms went inside the vehicle to help the two children.

A responding sheriff’s deputy asked the woman whether the children were all right, but did not immediately arrest her.

Deputies said in the report that the outside temperature at the time was about 82 degrees.

The woman is now charged with child neglect.

A car interior can reach 109 degrees after sitting for just 10 minutes on a sunny 90-degree day. For every 10 minutes a vehicle sits in the sun, another 10 degrees is added. If your vehicle is sitting in a parking lot on a warm 90-degree Florida day for just an hour while you shop, the the interior of your car can actually reach 133 degrees in one hour.

With that said, the interior of your parked car is clearly not an ideal place for any living things, especially children and pets. Children and pets should never be left alone in a parked vehicle when the weather is hot. When children and pets are left in hot vehicles, they are at risk for heatstroke or even death. If you see a child or pet left in a closed car without an adult present, call 911 immediately. Even if children or pets are left in the car for just a few minutes, the car can still heat up to deadly temperatures very quickly!

March 25, 2015

Graco Slapped with $10 Million Lawsuit for Delay in Recalls of Defective Child Seats

by Whittel & Melton, LLC

Graco Children’s Products has agreed to pay $10 million to settle claims that it failed to recall about four million child car seats with a defective buckle that could make it difficult to free a child in an emergency, according to federal regulators.

The National Highway Traffic Safety Administration said Graco would pay a $3 million fine and spend $7 million developing safety programs.

Recently, Graco had insisted that the only problem with the buckles was caused by children spilling food or drinks on them. However, parents told federal regulators that they had to cut the straps to free a child, and regulators dismissed the contamination explanation, saying such a problem was foreseeable.

In January 2014, the NHTSA demanded a recall. Graco originally refused, but relented about a month later.

Federal regulators opened an investigation in December into whether the company should have recalled the seats earlier than it did. That investigation started due to a review of Graco documents that showed that parents complained to Graco about the buckles in 2009.

In 2012, the company was telling parents how to clean the buckles and arguing that there was no safety issue.

Federal regulations require that once a manufacturer is aware of a safety problem, it has five business days to inform the National Highway Traffic Safety Administration of its plan for a recall or the company will face a civil fine. The maximum penalty is $35 million.

In a statement issued on Friday, Graco said the company had “evaluated the issue in a timely manner.” Graco acknowledged that “it did not provide the required notice to N.H.T.S.A.” They additionally stated, “we fell short of N.H.T.S.A.’s expectations for data collection and reporting procedures.”

Graco will be required to submit an independent audit showing how it spends the $7 million, which is to be used on programs like “identifying potential safety trends affecting car seats industry wide and launching a child safety awareness campaign.”

If you believe your child’s injury may have been caused by a defective or flawed child safety seat, our Florida Injury Lawyers at Whittel & Melton can help. Car seats are supposed to keep children secure in the event of a traffic accident, which means the device must work properly and be free of any defects or malfunctions that could prevent it from doing its job. While the safety seat should keep a baby or young child secure during a collision, it should also be easy to remove the child from seat without much delay.

Manufacturers can be held liable under Florida products liability if their defective product caused injury or death. If a negligent driver played a role in causing the crash that led to injury or fatality, there may also be reason for a Florida auto accident lawsuit.

March 19, 2015

New Tween Seat-Belt Usage Campaign

by Whittel & Melton, LLC

The National Highway Traffic Safety Administration issued a press release last week about the U.S. Department of Transportation’s first-ever National Tween Seat Belt Safety Advertising campaign. The campaign urges parents to “Never Give Up Until They Buckle Up.”

The NHTSA is utilizing this campaign to show the importance of targeting this age group and their parents about seat belt safety. It is absolutely vital for tweens to use their seatbelts any time they are riding in cars because these are formative years that immediately precede driving privileges for teenagers.

Unrestrained Tween Facts: Did You Know?

Within the past five years, 1,552 children between the ages of 8 and 14 died in car, SUV or Van collisions.
Around half of those children killed were not wearing seatbelts at the time of the crash.
The percentage of child passengers who die while riding unbelted tends to increase with age. This more pronounced among 13 and 14-year-olds, regardless of seating position.

The campaign targets the parents of children between the ages of 8 and 14 years old. Why? This is a very important time to instill the habit in children of always buckling up, for every trip. Tweens are just a few short years away from being in the driver’s seat, which makes this campaign all the more important.

Parents are encouraged to lead by example. No matter how short the trip, any time you get behind the wheel you should fasten your seatbelt before heading anywhere.

Tweens are constantly learning how to be responsible and make good decisions. It is up to the adult or adults in the car to make sure they are always buckled up. Again, it doesn’t matter if you are driving 2 miles or 2,000, tweens, children and adults need to be buckled up for every ride.

March 9, 2015

Man Stabbed Outside St. Pete Night Club

by Whittel & Melton, LLC

According to police, a man was stabbed and critically wounded during an altercation outside a St. Petersburg nightclub early Sunday.

Just before 2 a.m., an argument involving several people inside the nightclub located at 2420 Central Avenue, continued outside on the street.

A witness told police they saw a 29-year-old man stab a 32-year-old man twice.

An officer on the scene arrested the man accused of the stabbing and charged him with attempted second-degree murder.

The man that was stabbed was transported to Bayfront Health St. Petersburg where he underwent surgery. He is listed in critical condition.

Violent crime is a serious problem in and around bars and nightclubs. The Tampa Bay Negligent Security Lawyers at Whittel & Melton routinely represent victims of violent crime and help them to recover financial compensation for injuries, and in many cases, for wrongful death.

Business owners have a legal duty to provide adequate security for customers and visitors in order to prevent foreseeable violent crimes. If there has been criminal activity on or near the premises in the past, then the owner of the property should have known that future criminal activity could take place and taken proper steps to implement adequate security measures. When the proper steps are not taken, then the business or property owner can be held liable in a civil personal injury or wrongful death case based on negligent security and they could be required to pay compensation to the injury victim or the family of the person killed.

March 6, 2015

Top Causes of Auto Accidents in Florida

by Whittel & Melton, LLC

As deadly collisions continue to occur throughout the state of Florida, it is quite fitting that citizens of Florida should want answers. While there is not just one answer for the reason why deadly crashes occur, there is some insightful information available on motor vehicle accident causes across the state.

Top Causes for Crashes

Distracted Driving
Speeding
Road Rage
Impaired Driving
Fatigue

Distracted Driving

Distracted driving is one of the top causes of auto accidents in the state of Florida. From texting, talking on the phone, applying makeup, eating or engaging in any other manual, visual and cognitive non-driving tasks while behind the wheel, distracted driving puts Floridians in danger.

Speeding

Speeding is another top cause of motor vehicle collisions in Florida. Going too fast on the roadways can lead to serious injury as well as death. An increase in speed can lead to an increased risk of causing a serious traffic accident.

Road Rage

Aggressive driving maneuvers like tailgating and cutting off cars is another reason why so many auto accidents occur in Florida. Aggressive driving is a form of road rage, and can also include risky behaviors like improper signaling and swerving in and out of lanes.

Impaired Driving

Driving under the influence of alcohol or drugs also leads to lethal accidents on Florida roadways. While the FHP and local law enforcement agencies have been ramping up their efforts to crackdown on drunk drivers, impaired driving collisions are still happening in Florida.

Fatigue

Fatigue is also a major cause for concern when it comes to car crashes. When a driver is drowsy or sleepy, he or she is not likely to make good decisions behind the wheel. It is vital to be alert when driving any distance. Drowsy driving can easily lead to a serious collision in just the blink of an eye.

February 27, 2015

Motorcyclist Charged with DUI Manslaughter in Death of Skateboarder

by Whittel & Melton, LLC

According to Clay County deputies, a motorcyclist who was speeding in a Fleming Island neighborhood when he struck and killed a skateboarder last August, turned himself in Thursday morning.

The Clay County Sheriff’s Office claims that the 27-year-old was riding his motorcycle under the influence and going over 70 mph in a 30mph zone early the morning of Aug. 2 when he struck and killed the 23-year-old man on Bald Eagle Road.

The man was pronounced dead at the scene.

The biker was airlifted to UF Health Jacksonville, where he recovered.

According to the Florida Highway Patrol, the man’s blood test indicated his blood-alcohol was 0.089 and 0.091, which is above the state limit.

The man’s driving record includes 27 citations, four for speeding, three for careless driving and two for reckless driving. He was also arrested once before for DUI.

The man apparently surrendered to deputies at the Sheriff’s Office on charges of vehicular homicide and DUI manslaughter. He posted $15,006 bond and is currently out of jail.

An impaired motorcyclist is a very dangerous combination. Motorists who operate vehicles under the influence of drugs or alcohol are at a severe disadvantage as these can hinder one’s ability to perform functions normally. Motorcyclists under the influence of drugs or alcohol have slower reaction times, may experience difficulty focusing on the roads as well as have trouble balancing, all of which can significantly increase the likelihood of a motor vehicle collision.

February 26, 2015

GE to Pay $3.5 Million in Civil Penalties for Failure to Report Fire Hazards

by Whittel & Melton, LLC

According to the Consumer Product Safety Commission, General Electric has agreed to pay a $3.5 million civil penalty for failing to report an unreasonable risk of serious injury caused by defective ranges and dishwashers.

Reports show that the connector in the range’s wire harness can overheat and cause a fire, which could lead to serious burn injuries. In addition, various models of dishwashers were recalled because of similar fire hazards. The CPSC said the dishwashers could short circuit when condensation builds up on the control board.

Standard CPSC policy requires manufacturers, distributors, and retailers to report any findings related to a potential safety hazard or defect to the CPSC immediately. All information regarding potential risks or dangers should be reported within 24 hours of obtaining it.

GE and the CPSC announced the recall of 28,000 dual-fuel ranges in April 2009. The ranges were sold across the United States from June 2002 through December 2005. By the time GE recalled the product, 13 incidents had been reported regarding the harness and wiring overheating in the back of the range. Of these reported incidents, five resulted in a fire.

GE was apparently aware of this hazard dating back to 2004. GE also failed to report the fire hazards found in Profile and Monogram Dishwashers sold between July 2003 and October 2010. GE recalled 174,000 units in 2010 but knew of several incident reports dating back to 2007.

Besides the payment of $3.5 million, GE has also agreed to a compliance program as part of the settlement. The compliance program will be set up to ensure that the Consumer Product Safety Act is being met, as well as various protocols, including:

Proper procedures for recording, processing, and reporting information regarding possible safety issues
Written standards and policies
Confidential employee reporting of compliance concerns to a senior manager
Senior management is responsible for and general board oversight of compliance
Requirements for record retention

February 6, 2015

GM: $93 Million Paid in Settlement Offers So Far

by Whittel & Melton, LLC

GM’s ignition-switch recall compensation fund is no longer accepting claims because the January 31 deadline has passed. However, this does not mean that consumers have no legal recourse if they were injured in a recalled vehicle.

Headlines were rampant in 2014 regarding the series of recalls issued by GM after an ignition-switch defect in about 2.6 million vehicles was linked to dozens of injuries and deaths. Federal investigations began and GM set up a victim compensation fund in order to settle death and injury claims.

In a regulatory filing released Wednesday, GM disclosed details regarding those claims. Here is what we know:

GM’s victim compensation fund started accepting claims August 1, 2014. During the six-month claims period that ended January 31:

A grand total of 4,180 claims were filed, including more than 1,100 in the final week
As of now, 482 claims have been rejected
455 claims involved a death. Officially, 51 deaths have now been linked to the GM ignition-switch defect.

GM has made 93 settlement offers to date, and none have yet been rejected, according to reports. It could take another six months to review all of the remaining claims.

While GM is standing by its January 31 cutoff date for compensation fund claims, anyone injured in a recalled GM vehicle may still be able to pursue a claim. All of these recalls have different scenarios, and a Florida Injury Lawyer at Whittel & Melton can review your claim and guide you on how to proceed.