Truck Accidents

December 2, 2014

Drowsy Driving: A Bigger Problem Than We Thought?

by Whittel & Melton, LLC

Most people have gotten behind the wheel of a car a little tired. While it is not uncommon for drowsy drivers to be on the road, it is important to realize that drowsy driving is quickly becoming more dangerous than distracted or even drunk driving. Also, drowsy driving does not mean falling asleep at the wheel. In fact, most accidents involving drowsy drivers are drivers who were awake, just tired.

The AAA Foundation for Traffic Safety just released a report on drowsy driving accidents from 2009-2013. The report indicates that 21 percent of fatal car accidents occur because of drowsy drivers. That means that nearly 6,400 fatal car accidents a year – 17 fatal car crashes a day – occur because of drowsy drivers. This number is significantly higher than the government’s official estimate, which claims that drowsy drivers are responsible for just 2.5 percent of fatal car crashes in this country.

When you are drowsy, you are:

October 9, 2014

International Walk to School Day: Watch Out for Pedestrians and Bicyclists!

by Whittel & Melton, LLC

October 8 is International Walk to School Day, a day when thousands of schools in the U.S. and in 40 countries strive to raise awareness about walking and bicycling to school. This day expresses the need for walkable communities throughout the world and encourages more children to walk to school.

This day urges the need to educate the public about pedestrian safety. According to the National Highway Traffic Safety Administration, in 2012, car accidents resulted in the death of a pedestrian every two hours and an injury every seven minutes. In this same year, 4,743 pedestrians were killed and approximately 76,000 were injured in car accidents.

The NHTSA defines a pedestrian as “a person on foot, walking, running, jogging, hiking, sitting or lying down who is involved in a motor vehicle traffic crash.” With that said, every single person is a pedestrian on a regular basis, whether it is a young child walking to school or an adult walking across a shopping mall parking lot. Our Florida Car Accident Injury Lawyers at Whittel & Melton work with families every day who have had their lives turned upside down because of a negligent driver who failed to pay attention to a biker or pedestrian sharing the roadway. Injuries to pedestrians struck by cars can vary from cuts, bruises and scrapes to broken bones, spinal cord trauma and death.

Children under the age of 16 accounted for 6 percent of pedestrian deaths and 18 percent of pedestrian injuries caused by car accidents in 2012. In that same time period, pedestrians age 65 and older made up 20 percent of pedestrian deaths and 9 percent of pedestrian injuries as a result of auto accidents.

Motor vehicle accidents involving pedestrians can be truly devastating. The NHTSA urges everyone to follow the below safety tips when walking or driving.

Pedestrians should always:

Walk on sidewalks when possible.
Make sure that electronic devices do not interfere with sight or sound.
Attempt to make eye contact with drivers as they approach, or make sure they are visible to drivers.
Cross streets at intersections and crosswalks and walk facing traffic as drivers expect pedestrians to do these things.
If there are no crosswalks, cross streets where there is good visibility so that you can be seen clearly by other drivers.
Stay away from places where pedestrians are prohibited, like freeways and restricted-access highways.
Wear bright or reflective clothing at night.
Avoid walking while intoxicated at any time.

Drivers should always:

Keep an eye out for pedestrians, even in unexpected places.
Be extra cautious when visibility is limited by inclement weather.
Be prepared to stop at crosswalks and intersections.
Stop for pedestrians in crosswalks.
Refrain from driving under the influence of drugs or alcohol.
Follow the designated speed limit, especially in areas with pedestrians.
Observe reduced speed limits near schools, playgrounds and all other areas where children are known to gather.

October 2, 2014

10 Injured after Semi Smashes into School Bus

by Whittel & Melton, LLC

A Bradford County school bus carrying 15 elementary school students was rear-ended by a big rig Monday afternoon near the intersection of U.S. 301 and State Road 201A in Lawtey.

According to the Florida Highway Patrol, there were 10 people transported to area hospitals – the 35-year-old driver of the log-hauling big rig and his female passenger were taken to Shands in Gainesville with critical injuries, and seven children and the bus driver were taken to area hospitals with non-life-threatening injuries.

Authorities believe the most serious injury among the children was a leg injury.

According to the sheriff’s office, the woman in the semi was not wearing any clothes. Troopers gave her a towel to cover up in front of the children.

Witnesses claim the semi was travelling at 60 mph when it slammed into the bus, which investigators said had its crossing arms out and lights flashing.

The crash happened on U.S. 301 near Northwest 183rd Street at about 2:45 p.m. As the school bus was coming to a stop, it was struck from behind by the semi, which is owned and operated by Mo’s Trucking out of Palatka.

The Sheriff’s Office said the bus driver saw the semi coming in the rear-view mirror and sped up, which possibly minimized the impact. If the bus had been stopped to unload students, the crash could have been tragic.

Witnesses claim the truck driver never hit the brakes, as he plowed into the back of the bus and pushed it more than 50 yards into a ditch.

The FHP said dispatchers received a call about a reckless driver in a tractor-trailer on U.S. 301 before the crash occurred. However, before they could catch up with the vehicle, the state patrol and local Sheriff’s Office received a call about the crash.

FHP said charges are pending. They do not have any indication that alcohol or drugs were a factor, but said speed and/or distracted driving could have played a role.

Records indicate that the driver of the semi has several previous driving citations. He had his license suspended in 2011 when his insurance was canceled, and it was suspended in 2013 for failure to pay a fine.

He was cited with driving with a suspended license in 2007 and in 2011, speeding in 2011, operating motor vehicle in unsafe condition in 2012 and a tag violation in 2013.

Accidents involving school buses can be quite traumatic. While we do not generally hear about these accidents happening frequently, they do occur, and probably more often than you think. There are an estimated 585,000 school buses operating in the United States right now. School bus accidents result in a reported 17,000 visits to emergency rooms every year.

If you have been the victim of a school bus accident that involved a semi truck, there are things you can do to obtain financial compensation for injuries and damages. In many of these accidents, truck drivers are not insured, which can create additional problems for victims, since the person responsible for the accident cannot pay for the damages. When this unfortunate scenario happens to you, you need to contact a Florida Truck Accident Injury Lawyer at Whittel & Melton. We can help you understand all of your legal options and assist you with pursuing a legal claim against the truck driver and/or trucking company in order to recover damages.

September 17, 2014

Orlando Semi Driver Crushed by Steel Beams in Freak Crash with Fire Truck

by Whittel & Melton, LLC

A semi driver killed Wednesday after he was crushed when his load shifted while yielding to a fire truck near St. Cloud was identified by the Osceola County Sheriff’s Office this week.

The 32-year-old Orlando driver stopped his semi abruptly to yield to an Osceola County fire truck turning onto Narcoossee Road with its lights on and sirens blaring, according to Florida Highway Patrol.

Witnesses told troopers the firetruck stopped at a stop sign on Yukon Street just before it turned onto Narcoossee Road.

The FHP claims that when the semi driver hit the brakes, the steel beams he was carrying moved and crushed him.

Florida residents who have lost loved ones know the grief that follows immediately after. When death is sudden and unexpected, the pain can be almost unbearable, especially when the death was avoidable, as is usually the case with fatal motor vehicle accidents. Fatal accidents should be investigated to determine the exact cause, so that any party that is found negligent can be held responsible for their actions by either a criminal or civil lawsuit.

Any type of accident that ends in fatality can be extremely difficult to handle. At Whittel & Melton, our Wrongful Death Lawyers understand how much you are hurting right now and are here to help. While we know that adequate compensation through a wrongful death lawsuit will not bring your loved one back, it can help you move forward and give you the financial security needed to maintain your lifestyle and provide for you and your loved ones in the future.

August 19, 2014

Cyclist Struck and Killed by Garbage Truck

by Whittel & Melton, LLC

A bicyclist was killed Wednesday after being hit by a garbage truck, according to Palm Beach County Fire Rescue.

Officials with Palm Beach County Fire Rescue believe the crash happened at around 9:50 a.m. near Old Boynton Beach Road and Lawrence Road.

When firefighters arrived at the scene they found the victim lying in the roadway. The victim was pronounced dead at the scene.

The garbage truck involved in the accident was from Republic Services, a recycling and solid waste collection, transfer and disposal service serving western and southern Palm Beach County.

No further information regarding the crash is available at this time.

A bicycle ride should be a nice way to enjoy the great outdoors as well as a healthy recreational activity that can get you to and from wherever you need to go. However, riders are vulnerable, and can become involved in serious accidents at any moment due to the negligence of motor vehicle drivers. The negligence of a car or truck driver can lead to serious injuries to a cyclist.

Losing a relative or loved one can be devastating in many ways. When someone close to you has been killed due to the fault of a motorist, Florida law provides the surviving family members and partners with the right to bring a wrongful death lawsuit for the financial loss endured as well as the loss of the intangible benefits of their relationship.

August 5, 2014

GM Slapped with Another Lawsuit

by Whittel & Melton, LLC

General Motors was hit last week with another lawsuit brought on by more than 650 people who were allegedly injured or killed in accidents involving cars that have been recalled this year for faulty ignition switches.

The lawsuit was filed in Manhattan federal court by a Texas-based attorney. Dozens of cases against GM over the switch recall have been consolidated in Manhattan federal courts.

The suit names a total of 658 plaintiffs, including 29 who are bringing claims on behalf of people who died.

July 29, 2014

Mistrial Declared in Trinity Highway Guardrail Case

by Whittel & Melton, LLC

A federal judge in Texas has declared a mistrial in the possible billion-dollar whistleblower lawsuit involving the popular Trinity guardrails that line our nation’s highways.

According to a U.S. district judge, there were “serious concerns” regarding witness testimony associated with the defendant, highway manufacturing giant Trinity Industries.

The whistleblower and former industry business owner, Josh Harman, filed a federal lawsuit on behalf of the American public in Texas where the company’s headquarters are located. According to Harman, the current Trinity guardrails, the ET-Plus model, are dangerous and deadly. He claims the guardrails were never properly tested or properly approved by the government.

However, Trinity has issued statements saying company stands behind its product and has called Harman’s allegations “false and misleading.”

According to a court transcript from Friday, July 18, the judge declared that “this case has been replete with errors, gamesmanship, inappropriate conduct, and matters that should not be a part of any trial where a fair and impartial verdict is expected.”

The judge also discussed the possibility of the president of Trinity Highway Products attempting to intimidate a witness and possibly committing perjury.

Trinity claims that the allegations against its president are untrue and that the company “looks forward to re-presenting the facts in this matter.”

The federal judge also said the plaintiffs is this matter took steps to prevent the witness from being deposed by the defense and “effectively hounded him.”

“I believe the plaintiffs took steps to hide this witness and unfairly spring this witness on the defendants,” the judge said.

The mistrial was declared less than a week into the Marshall, Texas trial, which is about 150 miles east of Dallas.

The guardrails in this case were installed throughout the country in all 50 states. According to Harman, there have been hundreds of accidents that caused serious harm. In this specific type of guardrail, the terminal head is supposed to take the impact and slow down the vehicle. The railing should channel through the head and pigtail out the side and away from the car. But, there have been many accidents where the railing gets jammed up and then pierces the vehicle like a spear. They cut through the cars and any people inside the vehicle as well.

One of the most recent accidents occurred in January 2014 in North Carolina where an Isuzu Trooper hit a guardrail head-on, leaving the driver’s legs severed.

According to Harman, a guardrail should not cut a person in half.

A new trial is anticipated to happen later this year in the fall. The case would be tried in front of a new jury.

As drivers, we rarely think about roadways themselves being risky. Instead we tend to focus on more talked about roadway hazards, such as cell phone use, speeding or driving under the influence of alcohol or drugs. However, as this case shows, there can be more than meets the eye when it comes to dangerous roadways, especially highway guardrails.

It will be interesting to see how this case unfolds, as it could affect victims in Florida who have been seriously injured or even killed in auto accidents due to highway guardrails.

May 23, 2014

Florida Auto Accident Injury Lawyer :: Car Crashes Increase over Memorial Day, Stay Safe on Florida’s Roadways

by Whittel & Melton, LLC

Memorial Day weekend is finally here and many of you will be setting out to enjoy the official start of summer with our state’s numerous recreational possibilities. With that said, it is estimated that close to 34 million people will be hitting the road over the long holiday weekend and traveling at least 50 miles from home. Whether you are staying local or making a trek to a family member or friend’s home, the Florida Auto Accident Attorneys at Whittel & Melton urge you to drive safely and exercise caution this holiday weekend.

Memorial Day weekend is supposed to be a time for remembrance and celebration. Whatever type of activity you choose to partake in this weekend, we urge you to do so responsibly. Make sure if you are driving to always pay attention, look out for any roadside construction and always see to it that everyone in your vehicle is buckled up. Remember, if you are going to be drinking at any point during the holiday weekend, just be sure to have a designated driver set in place.

According to AAA, the amount of motorists travelling on the roadways this Memorial Day weekend will be at a 10 year high. Dating back to past Memorial Day weekends, statistics show that there is an increase of more than ten percent in motor vehicle accidents vs. other holiday weekends.

You can help exercise safety this Memorial Day weekend just by brushing up on a few safety steps:

Always give yourself enough time to get from Point A to Point B.
Follow all posted speed limits.
Limit Driver Distractions.
Make sure everyone, including those in the back seat, is wearing their seat belt.
Do not drink and drive. In fact, make sure you have a designated driver assigned before you start drinking so that you are not tempted to drive after consuming alcoholic beverages.

April 29, 2014

Florida Motorcycle Accident Attorney :: Leesburg Commissioner Involved in Motorcycle Crash at Bikefest

by Whittel & Melton, LLC

Reports indicate that a motorcycle rider crashed into a truck on Sunday driven by Leesburg City Commissioner Jay Hurley.

The motorcycle rider’s identity has not yet been released, but he was treated on the scene and flown to Orlando Regional Medical Center.

The Leesburg Police Department asked the Florida Highway Patrol to help investigate the collision since it involves a top city official.

April 2, 2014

Insurance Reforms Credited for Fewer Fake Car Accidents in Florida

by Whittel & Melton, LLC

According to a new report, the overall number of staged auto accidents in Florida so an insurance claim could be filed has dropped by more than half since the laws governing personal-injury protection were reformed.

The number of PIP claims involving accidents that appear to have been deliberately caused plummeted from 712 in 2012 to 328 last year, according to a study conducted by the National Insurance Crime Bureau.

The bureau, which partners with insurers and police, found that questionable PIP claims filed in Florida dropped by nearly 8 percent in a year.

The 2012 law requires those involved in motor vehicle accidents to seek treatment within 14 days and limits non-emergency medical claims to $2,500. The reforms also created tougher penalties for medical providers who commit PIP fraud, including a five-year license suspension and a 10-year restriction from PIP reimbursement.

Based upon on a review of 20 insurers that offer coverage for more than 75 percent of the Florida market, premiums for PIP coverage are expected to drop by an average of 13.2 percent.

Even with the new changes, the National Insurance Crime Bureau ranks several Florida cities as having the greatest number of “questionable claims” in the country.

Florida is one of several states that require residents to purchase PIP insurance. The amount of coverage a person receives depends on their auto insurance plan. PIP insurance is limited to medical expenses and does not cover property damage.

Many people confuse PIP coverage with bodily injury liability. The main difference between PIP and bodily injury liability is that PIP only covers the costs associated with the insured party’s medical treatment. Bodily injury liability plans can cover the costs of another person’s injuries that the insured driver may have caused, as well as potential legal fees.