Wrongful Death

July 5, 2016

Tesla Driver Killed in Crash While Using Autopilot

by Whittel & Melton, LLC

The U.S. announced Thursday the first fatality in a wreck involving a car in self-driving mode. The government said it is investigating the design and performance of the system aboard the Tesla Model S sedan.

The Canton, Ohio man died in the accident May 7 in Williston, Florida, when his car’s cameras failed to distinguish the white side of a turning tractor-trailer from a brightly lit sky and didn’t automatically activate its brakes, according to government records.

The 62-year-old driver of the truck, said the Tesla driver was “playing Harry Potter on the TV screen” at the time of the crash and driving so quickly that “he went so fast through my trailer I didn’t see him.”

“It was still playing when he died and snapped a telephone pole a quarter mile down the road,” the man told The Associated Press. He acknowledged he couldn’t see the movie, only heard it.

Tesla Motors Inc. said it is not possible to watch videos on the Model S touch screen. There was no reference to the movie in initial police reports.

Tesla stressed the uncertainty about its new system, noting that drivers must manually enable it: “Autopilot is getting better all the time, but it is not perfect and still requires the driver to remain alert.”

The company said this was the first known death in over 130 million miles of Autopilot operation. It said the NHTSA investigation is a preliminary inquiry to determine whether the system worked as expected.

Tesla says that before Autopilot can be used, drivers have to acknowledge that the system is an “assist feature” that requires a driver to keep both hands on the wheel at all times. Drivers are told they need to “maintain control and responsibility for your vehicle” while using the system, and they have to be prepared to take over at any time, the statement said.

Autopilot makes frequent checks, making sure the driver’s hands are on the wheel, and it gives visual and audible alerts if hands aren’t detected, and it gradually slows the car until a driver responds, the statement said.

The Autopilot mode allows the Model S sedan and Model X SUV to steer itself within a lane, change lanes and speed up or slow down based on surrounding traffic or the driver’s set speed. It can automatically apply brakes and slow the vehicle. It can also scan for parking spaces and parallel park on command.

As new technology comes on the market for the public to use, the legal field must adapt to these changes. Many car manufacturers, not just Tesla, are working on automated systems that can warn drivers about collisions, recognize the rules of the road, and even take over the steering and braking systems.The goal is this: to keep drivers and passengers safe by automating the processes that they are not quick enough to catch. However, this theory can be flawed as there are hundreds of millions of cars on the road every day, so automakers will always struggle to keep up with software malfunctions, user errors, and any other issues.

June 30, 2016

Be Safe This Fourth Of July Weekend

by Whittel & Melton, LLC

Our Florida Injury Lawyers at Whittel & Melton would like to wish everyone a very happy Fourth of July! The Fourth of July holiday is usually centered around fun, and many of us celebrate the long weekend with friends and family, but like many other holidays, risks of accidents and injuries tend to increase during this time.

To help you keep yourself and your loved ones safe this weekend, we would like for everyone to review the below safety tips:

Firework Safety

Many people around the state of Florida want to light of a few fireworks of their own, regardless of the fact that Florida law prohibits any fireworks that fly through the air or explode — such as Roman candles, bottle rockets and mortars — for recreational use. If you plan to light off your own, remember these important tips:

Always follow instructions and never provide fireworks to small children.
Use fireworks in a safe area and never throw or point fireworks toward people, vehicles, structures, or flammable materials.
Do not light multiple fireworks at once and never attempt to relight a “dud” firework that did not go off the first time.

Drunk Driving

Sadly, drunk driving accidents, injuries, and deaths are consistently high during Fourth of July weekend. If you plan on celebrating ‘Merica’s Birthday with a few cocktails, make sure to drink responsibly or plan a safe ride home. Designate a sober driver, or call a cab or transportation service like Uber or Lyft. Remember, law enforcement officers will be on the lookout for drunk and/or drugged motorists.

Grilling Safety

Barbecues are always a Fourth of July staple. Did you know that numerous people suffer injuries when barbecuing on charcoal and gas grills? Make sure to never grill indoors, refrain from adding lighter fluid when charcoal has already been ignited, and always follow instructions.

Water Safety

It’s hot in Florida! Most Floridians and visitors to our state will be by the beach, lake, or enjoying the water at backyard pool parties this weekend. When having fun near or in the water, safety should be your top priority. Adults should always supervise children and you should drink responsibly, as well as have an emergency action plan in case something goes awry.

June 28, 2016

677 Children Have Died In Hot Cars Since 1998

by Whittel & Melton, LLC

Have you ever thought how do people leave their kids in cars and forget about them? The truth is we are all human and capable of making mistakes. In fact, since 1998, 677 kids have died in hot cars. Of those, 54 percent were “accidental,” so it is important to realize that this can happen to anyone!

In most cases where people forgot about kids in their cars, they had switched up their normal daily routine. Maybe they drove the child somewhere on a day they normally do not. Switching up our routines, even just slightly, can cause us to forget things. Sometimes, we are so programmed into these routines that our brains switch to “autopilot” and we just go on with business as usual.

It is important to try and prevent these tragedies from happening. The best way to not forget about a child is to get in the habit of always checking the back seat even when you know a child is not there. Another great tip is to put something important in the backseat, such as a briefcase or purse or maybe even a shoe, so that you have to grab it from the backseat before you go into your destination.

Of those 677 deaths, 29 percent were children playing in an unattended vehicle. How can this be? Children can easily trap themselves inside the cabin or a trunk. Because of this, it is always best to keep your vehicle locked and keep all unlocking devices far away from a child’s reach.

Out of the 677 kids killed since 1998, 11 percent were left behind purposefully. You should never leave a child locked inside a hot vehicle, regardless of how quick you will be. A child can have a heat stroke in just minutes!

June 23, 2016

Biker Killed in Marion County Crash

by Whittel & Melton, LLC

A man was killed earlier this month after he lost control of his motorcycle and tumbled more than 100 feet in Marion County, according to the Florida Highway Patrol.

At around 10:10 p.m., the Umatilla man was driving his 2016 Kawasaki Ninja on the southbound lane of County Road 25 at a “high rate of speed” as he approached a right hand curve, FHP stated in a report.

The 25-year-old driver failed to handle the curve and drove across the centerline and into the northbound lane and onto the east grass shoulder, the FHP stated.

The man lost control of his motorcycle and fell off of it as it began to overturn. Both he and the motorcycle “tumbled over 100 feet before coming to rest on the shoulder” of the road, the FHP reported.

The man was pronounced dead at the scene.

The FHP has not yet determined if alcohol was a factor in the accident.

The investigation is ongoing.

Riding a motorcycle can be liberating. And while the freedom of the open road is nice, riding a motorcycle can also be dangerous as a result of reckless motorists, minimal protection, hazardous conditions and many other factors.

A motorcycle accident can occur as a result of a rider’s negligence, but a motorcycle accident is not always the fault of the operator. In many cases, these types of accident are caused by:

DUI
Inattention of other drivers
Speeding
Failing to obey traffic signals
Texting and driving

Bad weather conditions
Fatigued driving
Bad roads
Failure to yield

June 21, 2016

Car Crashes Into Largo Post Office

by Whittel & Melton, LLC

No one was injured Tuesday morning after a car rammed into the entrance of the Largo Post Office.

Largo Police and Largo Fire both responded to the post office located at 50 8th Ave. S.W. after the sedan crashed into the building.

Postal operations were suspended as officials tended to the logistics associated with the crash.

There were no injuries, according to reports. Operations have returned to normal inside the post office.

Vehicles crashing into buildings happen more frequently than you might think. In fact, every day in the U.S., there are 50-60 serious storefront accidents involving an automobile plowing into a restaurant, store, or other type of business and severely injuring customers and employees.

Sadly, these crashes can result in serious injuries and even death to business patrons or employees. Fortunately, no one suffered any harm in this post office crash.

According to the Insurance Institute for Highway Safety and the Storefront Safety Council, the following storefront accident statistics have been recorded:

There are 20,000 vehicle-into-building crashes every year in the United States, which breaks down to 50 to 60 accidents every day.
Every day in the U.S., more than 20 convenience stores are hit by vehicles, which equates to more than 7,300 convenience store crash incidents each year.
Why do these crashes occur? 41 percent of all vehicle-into-building crashes are caused by driver confusion or “pedal error.”

June 16, 2016

Toddler Snatched By Alligator at Disney World Resort

by Whittel & Melton, LLC

A 2-year-old boy was snatched off the beach by an alligator on Wednesday at a Disney World Resort.

His body was recovered around 3:30 today. The body was taken to Orange County Medical Examiner’s Office. It is believed that the gator drowned the boy.

The 7- to 8-foot reptile grabbed the boy late Tuesday as he was playing in about a foot of water at the Seven Seas Lagoon at the Grand Floridian Hotel. His father, who quickly rushed to the boy’s aid, could not fend off the alligator and received minor injuries to his hand.

The boy’s mother also rushed into the water, but when the couple was unable to save their son, they alerted a nearby lifeguard who called 911.

Some 50 wildlife specialists, including trained alligator trappers, shifted early Wednesday from a search and rescue effort to a recovery operation, according to the Orange County Sheriff’s Office.

A tragedy like this is not something we read about often in the news, but sadly, things like this can happen in Florida.

According to the Florida Fish and Wildlife Conservation Commission numbers, as of April there has been just one other incident where a person was bitten by an alligator in Florida in 2016. There were nine 2015, one of which was fatal, and 10 in 2014, none of which were fatal. Since 2006, there have been five reported fatalities due to alligator attacks, and since 1948, when the agency began keeping track, there have been 23.

Any body of water of any size in Florida can potentially have alligators in them. Most hotels and resorts near bodies of water are pretty vigilant about relocating dangerous animals out of areas where the public would be nearby. In Florida, you have to be very careful as alligators can be anywhere, including golf courses and even backyards.

June 10, 2016

Woman Seriously Injured in Hang Gliding Accident in Sumter County

by Whittel & Melton, LLC

A woman was seriously injured Tuesday afternoon after a hang glider crashed into a tree in Sumter County.

At about 4:45 p.m., Sumter Fire and EMS and an ambulance responded to a reported hang glider crash in Center Hill, near County Road 569.

Once units arrived, they found that a hang glider had hit a tree and crashed, according to Sumter Fire and EMS.

A female, who was seriously injured, was declared a trauma alert and flown to Orlando Regional Medical Center.

Her condition is unknown at this time.

When a hang gliding accident does take place, the results are often tragic. While these are not accidents we read about regularly in the news, these types of accidents often result in catastrophic personal injuries and even wrongful death. Crashes can be caused by numerous different factors, but generally aviation and hang gliding incidents involve the following elements – manufacturing design defects, poorly maintained aircrafts and safety standards violations.

June 3, 2016

Orange County Lobbyist Richard Anderson Arrested For April Hit-And-Run

by Whittel & Melton, LLC

Belle Isle interim city manager, Apopka consultant and lobbyist Richard Anderson turned himself in to authorities yesterday after he was charged with a hit-and-run case that hospitalized another driver back in April.

The Florida Highway Patrol investigated the Lake County collision and issued an arrest warrant for Anderson Tuesday.

Anderson turned himself in to the Seminole County Sheriff’s Office out of convenience Tuesday afternoon. That department held him in the Seminole County jail overnight pending transfer to Lake County.

Anderson also resigned Tuesday from his part-time position as Belle Isle’s interim city manager. Mayor Lydia Pisano said she accepted his resignation.

Anderson worked for the city of Apopka, where he stepped down as full-time city administrator in 2014, after Joe Kilsheimer beat longtime incumbent John Land in the mayoral election. However, Anderson took a two-year contract that paid him $22,000 per month as a consultant with Apopka to continue working on several projects for the city.

The Apopka City Council will be looking into his contract status.

Anderson is charged with leaving the scene of an accident with injuries from an April 5 automobile crash on State Road 46 near Sorrento. Five charges were filed against him: leaving the scene with serious bodily injury, reckless driving with serious bodily injury, tampering with physical evidence, leaving the scene with property damage and reckless driving with property damage.

According to the FHP, shortly before 1:30 a.m. a 2014 Dodge Ram pickup truck crossed into the opposing lane and slammed head-on into a Toyota Corolla. The driver of the Corolla suffered debilitating injuries and was airlifted to a hospital.

Witnesses told the highway patrol they found the injured driver of the Corolla laying on the ground and another man talking on a cellphone. The second man had left before the FHP arrived. Two of the witnesses later identified Anderson, the owner of the abandoned truck, from photo lineups, according to the arrest warrant affidavit.

Anderson is the former full-time city administrator of Apopka. He had been with the town for 40 years, starting as a paramedic, working himself up to fire chief, and then becoming the city’s chief administrative officer in late 2004. He retired Sept. 17, 2014, and signed the consulting contract, chiefly to work on the city’s city center project.

He had become interim city manager in Belle Isle after the previous city manager resigned on Jan. 5.

Drivers fleeing the scene of an auto accident are actually quite common occurrences. Sadly, hit-and-run accidents may leave a victim with serious and life-threatening injuries, and in some cases, death. Injury victims and their families are often left wondering what their rights are, especially if the careless driver has not been identified.

June 2, 2016

Air Canada Passenger Suffers DVT After Being Stuck In Cramped Seat

by Whittel & Melton, LLC

A 64-year-old Victoria, Canada man claims that being stuck on an airline plane in cramped quarters has taken him from a once active man to one that is short of breath and has trouble moving around.

He says that doctors told him he nearly lost his life after a recent airplane trip.

In January, the man travelled to Argentina on a hiking trip. The trip home included a 10-hour flight from Chile to Toronto on an Air Canada 777 airplane.

The man says for most of the flight, passengers were discouraged from getting out of their seats because of turbulence. At over 6 feet tall, that was a problem for the man.

A day and a half after he returned home, he says he felt a sudden sharp pain in his lower back. When it was still there the next morning he went to a hospital.

Two CT scans later, doctors told the man he had deep vein thrombosis (DVT), which was likely the result of having to sit for most of the 10-hour flight, and that blood clots had migrated up his leg, through his heart and into his lungs.

DVT is a condition where a blood clot develops within a deep vein, usually in the thigh or leg. It can break off and make its way to the lungs, where it can cause breathing problems.

According to the World Health Organization, passengers traveling in cramped areas for more than four hours are at risk.

The man raised the DVT issue with Air Canada and got this response:

“Medical evidence has shown that deep vein thrombosis (DVT) is the result of a pre-existing personal medical condition, related to an individual rather than a transportation system. International courts have confirmed that based on the aforementioned evidence there is no liability to air carriers for DVT that occurs during a flight.”

When it comes to the safety of passengers, in general, airlines have a total responsibility to make sure no passengers are harmed while onboard their plane. In the case of DVT, precautions must be made. Seating on airplanes, particularly in economy class, has shrunk over the years, although airline companies will argue that legroom has not been lost, just as this case shows.

DVT can occur in travelling passengers from the following issues:

Airline offering cramped seating where there is no room to move freely
Not being able to move around the aircraft cabin
Not having sufficient legroom

May 23, 2016

Sheikra ReOpened At Busch Gardens After It Stalled With Riders On Board

by Whittel & Melton, LLC

Sheikra is back open at Busch Gardens in Tampa after the roller coaster stopped Thursday with 64 passengers on board.

The roller coaster reopened to riders at the amusement park Monday morning, park officials announced.

Just before 6 p.m. Thursday, the ride stopped, stranding 64 riders 200 feet up in the air. Riders were evacuated after the roller coaster stopped suddenly with a car stuck on a steep incline.

The roller coaster was stopped in two places — one just before the 90 degree drop and the other on the climb to the top.

Park officials said right before the coaster cars that got stuck left the boarding area, the ride was determined to be safe. However, something caused the cars to stop at the top of the ride.

Crews have been inspecting the ride and performing checks since the ride stalled.

The park released a statement about the coaster on Monday:

“Out of an abundance of caution, Busch Gardens Tampa Bay conducted additional testing on its Sheikra roller coaster to confirm the ride is operating as designed,” the statement read. “The testing is now complete, and Sheikra is operational and will be open for guests today, May 16. Busch Gardens is pleased that our safety systems performed as designed and that all guests were able to safely disembark from the ride. The safety of guests and team members is Busch Gardens’ number one priority and our employees train regularly for conditions just like this. All ride attractions are inspected daily by trained technicians to ensure they are operating properly. Ride safety systems are designed that when a shutdown does occur, it is an indication that these systems are working.”

Amusements parks can be pretty dangerous when you think about it. Even when rides are working properly there is always some type of risk to riders. However, when a ride malfunctions, the chances of something bad happening drastically increases. While Busch Gardens has a pretty decent track record when it comes to safety, just one error can place innocent lives in jeopardy.

The good news is that no one was harmed in this incident at Busch Gardens Tampa Bay. This is not always the case when a roller coaster mishap occurs. If anyone was seriously harmed or killed, depending on the situation, Busch Gardens could have been liable for the accident.