Wrongful Death

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 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.

January 28, 2015

Prevent Drunk Driving Accidents Following the Super Bowl

by Whittel & Melton, LLC

The Super Bowl is a major event each year that can lead to drunk driving accidents that result in severe injury or death. Super Bowl parties start mid-afternoon and run into Sunday night, which means there are a large amount of intoxicated drivers on the roads afterwards. According to reports, approximately 40 percent of deadly car accidents on Super Bowl Sunday involve drunk driving. Last year, alcohol was a factor in a fatal car accident every 52 minutes.

Drunk Driving Legal Liability

Bars and restaurants usually have what is called Dram Shop insurance, meaning they are trained on how to responsibly serve and stop serving drinks. But, if you are hosting a viewing party at your house, you could be held liable if someone you serve ends up in a drunk driving collision. Dram shop laws were set in place to hold bars and restaurants liable for not practicing responsible alcohol service, but these laws have since been applied to party hosts.

If you are serving liquor at your Super Bowl party, the best thing to do is to stop serving at the end of the third quarter. Provide taxicab numbers for your guests so that they can get home safely. Understand that liability is determined based on if the one serving knew or should have known the person’s level of intoxication would likely lead to a crash.

Drunk Driving Accident Attorney in Florida

January 23, 2015

Motorcyclist Killed in Crash on U.S. 441

by Whittel & Melton, LLC

A motorcyclist who collided with an SUV on U.S. 441 and was ejected into a ditch by the impact of the crash passed away at a local hospital Wednesday.

The 65-year-old Ocala biker was transported to Ocala Regional Medical Center by ambulance following the crash. He was riding a 2011 Harley Davidson and was wearing a helmet, according to Ocala police.

The afternoon crash blocked traffic heading northbound on the busy thoroughfare at Northwest 20th Street for a little more than an hour as traffic homicide investigators from the Ocala Police Department conducted their investigation.

January 21, 2015

Two Disney Visitors Die After Riding Small World, Toy Story

by Whittel & Melton, LLC

Two Disney World visitors died late last year after riding two of the resort’s tamer rides, according to a state report issued Wednesday.

In one of the incidents, a 22-year-old woman with a pre-existing condition, lost consciousness after riding It’s A Small World on Christmas Day. She then passed away. The state report did not include the date of her death.

In the second incident, a 54-year-old woman lost consciousness after riding Toy Story Midway Mania at Disney’s Hollywood Studios in October.

Both of the rides are kid-friendly attractions that are described as moving at slow speeds.

Florida’s Bureau of Fair Rides releases reports of injuries associated with rides at major theme parks every quarter. This voluntary report includes injuries that occur on a ride and result in an immediate hospital stay of more than 24 hours, and are part of an agreement the parks have struck with the state. Because of this agreement, these parks are exempt from public regulation.

The last time there were two deaths in one quarter was in early 2007, when a 60-year-old man had a stroke after riding Soarin’ and a 52-year-old man collapsed at the Downhill Double Dipper at Blizzard Beach.

The last ride-related death at Orlando’s major theme parks happened at Typhoon Lagoon’s Surf Pool in August 2012. A 54-year-old man collapsed in the water and died of a heart attack.

Disney reported nine other incidents.

A 64-year-old woman fell and fractured her leg while stepping off the Prince Charming Regal Carousel at the Magic Kingdom. A 63-year-old woman with pre-existing health conditions had a headache and lost consciousness after riding Big Thunder Mountain Railroad. She then underwent surgery for an aneurysm. At the Mad Tea Party, a 49-year-old man tripped while exiting the ride and fractured his shoulder. After leaving Seven Dwarfs Mine Train, a 54-year-old man with a pre-existing condition felt ill, and a 72-year-old male felt nauseated and lethargic after riding Space Mountain.

At Epcot, a 74-year-old woman fractured her shoulder after tripping over another guest’s bag on Soarin’.

At Disney’s Hollywood Studios’ Rock N Roller Coaster starring Aerosmith, a 51-year-old woman suffered from memory loss and dizziness after riding the ride and later lost consciousness, while a 55-year-old woman had motion sickness resulting in nausea.

At Animal Kingdom, a guest with a pre-existing condition had a seizure on Kali River Rapids.

Universal Orlando reported five incidents. A 22-year-old man with a pre-existing condition felt sick after riding Harry Potter and the Forbidden Journey. A 36-year-old woman experienced neck pain on Hollywood Rip Ride Rockit. A 49-year-old woman with a pre-existing condition had a seizure on Dudley Do Right’s Ripsaw Falls. An 82-year-old woman experienced shoulder pain on Poseidon’s Fury. A 45-year-old man had a “change in mental status” on the Amazing Adventures of Spider-Man.

SeaWorld reported two incidents on the ride Journey to Atlantis. A 70-year-old woman suffered a collapsed lung and a 43-year-old man had a “personal medical condition.” No further details were provided in the report.

Amusement park accidents can occur at various different amusement parks. As this report shows, this can include large-scale parks like Disney World, Six Flags or water parks, or even involve smaller venues like carnivals and state fairs. Technically, even something as small as a school fair or carnival could be viewed as an amusement park if an accident were to occur. Accidents can involve visitors to the venue as well as staff members.

While most people enjoy visiting amusement parks, accidents that happen on these sites can be very serious and result in permanent injury or even death. Anyone involved in an accident at a theme park can potentially file a claim. Wrongful death lawsuits have been filed against many amusement parks when a tragedy occurs resulting in death. Personal injury lawsuits can also be filed when injuries occur at an amusement park, such as neck and back injuries, heart attacks, broken bones, internal injuries, loss of limb and disfigurement.

January 2, 2015

Woman Hit in Leg by New Year’s Celebratory Bullet Fired Into Sky at Busch Gardens

by Whittel & Melton, LLC

A 20-year-old Seminole woman visiting Busch Gardens was hit by a stray bullet fired into the air during New Year’s Eve celebrations Wednesday night, according to police.

According to Tampa police, the woman was sitting in the Gwazi Pavilion area around 11:50 p.m. when she felt pain in her lower left leg. Busch Gardens Medical Services assisted the woman and transported her to St. Joseph’s Hospital.

X-rays showed a bullet lodged in her leg, according to reports. No other injuries were reported at the theme park.

A Busch Gardens spokesman said it appears the gunfire came from off the premises.

The incident just reiterates how dangerous firing weapons into the air can be.

In 2012, a stray bullet came down and pierced the skull of a 12-year-old boy as he watched fireworks outside his family’s home in Ruskin. The bullet traced diagonally through his brain, leaving him comatose for several days.

Many people celebrate New Year’s Eve by firing guns into the air. However, what these people fail to realize is that this can cause serious injury or death. When bullets are fired into the air, they fall with great force, creating an impact substantial enough to cause serious injury and even death. The risk of fatality is usually far greater than for gunshot injury victims due to the fact that victims are usually struck in the head. Head injuries like these can mean loss of cognitive abilities, sensation and movement. Traumatic brain injuries from gunshot wounds often entail a lifetime of rehabilitation and medical bills.

December 19, 2014

NHTSA Holiday Campaign: Drive Sober or Get Pulled Over Begins

by Whittel & Melton, LLC

The national “Drive Sober or Get Pulled Over” campaign began this week and will run through New Year’s Day 2015. This federal effort will be coordinated with state and local law enforcement officers in order to eliminate drunk driving auto accidents this holiday season.

These National Highway Traffic Safety Administration has said that these campaigns are working to reduce the number of drunk driving accident deaths on roadways throughout the country. In fact, the number of drunk driving deaths fell 2.5 percent in 2013. Even though there have been a decrease in deaths caused by people driving under the influence, there is still a big problem with DUIs in the U.S. In fact, last year a person died every 52 minutes from a drunk driving crash.

Drunk Driving Safety Tips

Before you go to the bar or party, plan a safe way home.
Choose a designated driver for the night who will commit to staying sober during the evening.
If you are drunk, or even buzzed, use the SaferRide app, or otherwise get a ride home from a taxi, bus, sober friend or car service.
If you spot a drunk driver out on the roadway, call the police. You may save a life.
If you see someone attempting to drive away drunk, do your best to stop them. Take away their keys and make sure they get a safe ride home.
Don’t get into a car with someone who may be intoxicated.

2014: SaferRide App

The NHTSA has developed a free app, SaferRide, that is available online and allows you to call for a cab or a friend for a ride home that gives them your location automatically. You can get the app here.

December 15, 2014

42 Death Claims Approved in GM Ignition-Switch Defect

by Whittel & Melton, LLC

GM has agreed to compensate 42 claimants for deaths related to its ignition-switch defect.

These recent claims are a part of more than 2,000 death and injury claims that have been filed against the car manufacturer so far.

Those that were injured by the faulty ignition switch, as well as family members of those killed, have until January 31 to submit their claims, which will be categorized based on the severity of the injuries, according to reports.

GM has anticipated that the total compensation related to the ignition-switch defect to reach $400 million to $600 million.

GM established a victim compensation fund because they needed to handle the thousands of potential claims that arose from its faulty ignition switch. This fund allows victims and their families to submit their claims and settle with the company out of court instead of suing GM individually or joining a class action suit.

The compensation fund only covers claims involving physical injury or death from the GM defect. They have detailed the acceptable claims as follows:

Deceased
Category One: quadriplegia, paraplegia, double amputation, permanent brain damage or pervasive burns
Category Two: injuries that required a hospital visit within 48 hours of an accident

According to reports from the GM compensation fund, a total of 2,326 claims have been filed since GM started accepting claims in August. As of December 12, only 100 have been deemed eligible.

GM has recalled 2.2 million vehicles in the United States because of the ignition-switch defect, including Saturn Ion, Saturn Sky, Chevy HHR, Pontiac Solstice, Chevy Cobalt and Pontiac G5 models. This defect has cost at least 42 people their lives. The GM compensation fund is still reviewing 34 death claims for eligibility, according to reports.

December 11, 2014

Leesburg City Commissioner Jay Hurley Loses License Over Motorcycle Crash

by Whittel & Melton, LLC

Leesburg City Commissioner Jay Hurley failed to convince a Lake County judge Wednesday morning that he made a wide turn and not an improper lane change that caused a crash that resulted in a biker’s death earlier this year, which lead to his driver’s license being suspended for six months and a $1,000 fine.

The one-hour hearing took place Wednesday morning and included testimony from Hurley, Leesburg police and witnesses as friends and family members of the victim.

The crash happened April 27 in front of Gator Harley-Davidson on U.S. Highway 441 during the last day of Leesburg Bikefest. According to police statements, Hurley was driving his Ford F-150 east on U.S. Highway 441 in the center lane and was preparing to turn into the motorcycle shop, which is on the south side of the highway.

The deceased was riding his 1987 Yamaha behind Hurley, but was in the right lane.

According to police evidence, Hurley made a right turn from the center lane into the dealership and drove into the path of the Yamaha, causing the deceased to crash head first into the truck.

After two weeks in a coma, the deceased passed away at Orlando Regional Medical Center.

After the accident, Hurley received citations for improper window tint and improper lane change resulting in death. The State Attorney’s Office recently cleared Hurley of any criminal charges from the accident.

At the hearing Wednesday morning, Hurley pleaded not guilty and stated that he was in the right lane but, due to the size of his four-door truck, he had to make a wide turn into the center lane in order to turn right into the business.

Leesburg police showed video and pictures of the crash site that displayed the truck at an 80-degree angle at the turn, with the bike pinned underneath. Police argued that it would have been impossible for the truck to have crashed at that angle if it had been turning from the right lane, even if a wide turn was the problem. Police even reconstructed the accident with similar vehicles to prove their case.

The judge found Hurley guilty, despite the fact that Hurley’s defense lawyer pointed out that police found no evidence of the bike braking and asked the judge to ignore the reconstruction video as well as a taped police interview of Hurley.

While no criminal charges will be filed against Hurley, the family of the deceased can still file a civil suit against the man, contending negligence. In these types of cases, financial compensation may be awarded for lost wages and benefits, loss of companionship and any emotional pain and suffering that is caused by the death. In order to recover these damages, it must be shown that specific actions were responsible for the death, and that the death would not have occurred without those actions.