Wrongful Death

June 4, 2014

Florida Auto Accident Injury Attorney :: New NHSTA Study Shows the Staggering Toll of Car Crashes on U.S. Residents

by Whittel & Melton, LLC

Whenever a motor vehicle accident occurs in Florida, or anywhere else throughout the country, it creates a series of events that cost money. While these costs are not always apparent to other people, make no mistake, car accidents can be quite expensive.

When viewed as a whole, the numbers are downright shocking. A recent study conducted by the National Highway Traffic Safety Administration demonstrates that motor vehicle accidents cost more than $870 billion in economic loss per year. This study examined data from 2010. That $870 billion can be broken down even further to a personal basis, averaging an estimated cost of $900 per person in the U.S., which does not just apply to accident victims, but all people residing in this country.

NHTSA’s study, “The Economic and Society Impact of Motor Vehicle Crashes, 2010,” focuses on some of the behavioral factors that influenced that year’s nearly 33,000 highway fatalities, 3.9 million injuries and 24 million damaged vehicles. According to the study, three driver behaviors including speeding, drunk driving and distracted driving, accounted for 56 percent of the economic loss to the nation and 62 percent of the societal harm. Societal harm is described as harm due to loss of life and decreased quality of life.

What is not so shocking is that drunk driving accidents were found to be among the most expensive kinds of accidents. These accounted for 18 percent of the total economic loss and 23 percent of the overall societal harm.

Speeding accounted for 21 percent of the overall economic loss costing the nation $59 billion and 24 percent, or $210 billion, of the societal harm.

Distracted driving crashes were responsible for 17 percent of the total economic loss and cost $46 billion. These crashes accounted for $129 billion, or 15 percent, of the overall societal harm.

On a positive note, researchers for this study concluded that using seatbelts led to a savings of almost $70 billion in medical care, lost productivity and other costs that were not incurred. For now, around 5 percent of the total economic loss involved people in auto accidents where they were not buckled up or did not properly fasten their seatbelt.

May 30, 2014

Florida Wrongful Death Lawyer :: Family of Navy Yard Shooting Re-Files Wrongful Death Lawsuit in Florida Court

by Whittel & Melton, LLC

The family of one of the Navy Yard shooting victims re-filed a suit in Florida state court earlier this year in April for the wrongful death of their loved one, according to reports.

This wrongful death lawsuit names the United States government and two government contractors as defendants.

Last year, the family filed a similar suit in federal court, but the case was dismissed for procedural reasons. Now, the family has added the two government contractors as defendants, specifically claiming that these contractors, who employed the shooter, failed to recognize several signs of mental health issues that the shooter displayed in the time leading up to the heartbreaking event.

The suit also states that the government was negligent in failing to secure the Navy Yard as well as run and adequate background check on the shooter.

The most recent lawsuit was filed in Florida state court, as opposed to federal court where the wrongful death suit was filed last year. This was done to keep all the defendants together. However, if the defendants choose to do so, the case can be moved to a federal court in Florida.

A wrongful death lawsuit can be filed when the death of a family member was caused by someone else’s negligence. As this case demonstrates, the named defendant does not actually have to be the sole cause of the death. In fact, in most cases it only needs to be shown that the death could have been avoided if the defendant’s negligence was not a factor.

In addition to showing that the defendant played a role in the victim’s death, a wrongful death suit must usually be brought by an immediate family member of the deceased, such as a parent, child or spouse. With that said, in certain cases it may be possible for another living relative to bring the suit, however, every case is different. A Florida Wrongful Death Lawyer at Whittel & Melton can advise you on whether a party is appropriate in a wrongful death claim.

May 28, 2014

Florida Injury Attorney :: Florida Takes Top Four Spots in New Ranking of America’s Deadliest Cities for Pedestrians

by Whittel & Melton, LLC

While all pedestrians should pay extra close attention when crossing the street, it seems that Floridians need to be especially mindful.
In a new report from the National Complete Streets Coalition, Dangerous By Design 2014, a Pedestrian Danger Index was used to rank the deadliest places to walk in America. Florida is home to the top four cities, with six other southern cities finishing out the top 10:

Orlando, FL
Tampa, FL
Jacksonville, FL
Miami, FL
Memphis, TN
Birmingham, AL
Houston, TX
Atlanta, GA
Phoenix, AZ
Charlotte, NC

You can view the full list here.

The Pedestrian Danger Index was calculated by looking at the last five years of available data on pedestrian fatalities and factoring in the number of local commuters who walk to work every day.

The report shows that 47,025 people nationwide were hit by cars and died while walking between 2003 and 2012. This number is 16 times greater than the number of Americans who died in natural disasters over the same time frame. Additionally, another 676,000 pedestrians were injured while travelling on foot, which likens to someone being hit by a car every eight minutes.

The elderly are found to be much more at risk than any other age group, according to the report. While they only represent 12.6 percent of the total U.S. population, adults ages 65 and older account for 21 percent of pedestrian fatalities.

This report shows just how dangerous busy roads and intersections can be for those walking to their destinations. The following tips are a great reminder on how to stay safe as a pedestrian:

Stay Alert. Distracted walking can be just as dangerous as distracted driving. Always look where you are going and be aware of your surroundings. In 2010, more than 1,500 people were treated in U.S. emergency rooms for pedestrian-related injuries resulting from distractions, especially cell phones. Keep your eyes off your cell phone when crossing the street!

Never Jaywalk. Did you know that pedestrians can be held liable for auto accidents, too? When you cross the street against a light and run into traffic, you increase your risk of being struck and potentially killed by a motorist.

Use the Sidewalk. While sidewalks may not be located in certain areas in the city, if they are available for use, please use them and do not walk in the street. If a biker is taking up the sidewalk, gently remind them that they are meant for pedestrians.

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.

May 13, 2014

Florida Child Injury Lawyer :: Look Before You Lock – The Risks & Consequences of Leaving Children Alone in Hot Cars

by Whittel & Melton, LLC

We rely on our vehicles to get ourselves and our loved ones safely where we need to go, however it can be easy to forget that when you leave a child in the car for too long, the results can be deadly. According to statistics from the National Highway Traffic Safety Administration, the leading cause of all non-crash-related fatalities involving children aged 14 and younger is heatstroke.

Vehicles can reach extreme temperatures very quick, even if you have the windows rolled down. A child’s body absorbs more heat on a hot day than an adult’s does due to the fact that children’s bodies have a harder time regulating body temperature. Heatstroke can happen even in cars parked in a shaded area on days that reach 80 degrees or less. Studies have shown that in temperatures around 80 degrees, a vehicle can become lethal in just 10 minutes.

As parents and caregivers, it is vital to understand the risks and consequences associated with leaving kids in vehicles, especially hot cars.

Potential Risks

In just 10 short minutes, a car can jump up by 20 degrees Fahrenheit.
Cracking or rolling down a window does very little to keep the car cool.
Even with temperatures in the 60s, your vehicle can heat up to temperatures that exceed 110 degrees.
A child’s body temperature can climb up to five times faster than an adult’s.
Heatstroke can occur even in mild temperatures. In fact, studies show that heatstroke can occur when it is as cool as 57 degrees outside!
A child dies when their body temperature reaches 107.

Possible Consequences

Death from heatstroke.
In the state of Florida, it is considered a second-degree misdemeanor to leave a child under the age of six alone in a car for more than 15 minutes or while the motor was running causing the health of the child to be in danger.
This crime is punishable by a fine of up to $500.

How to Avoid a Tragic Heatstroke

Never leave a child alone in a car, even if you need to run a quick errand.
Remind children to not play in an unattended vehicle.
Do not leave infants or young children in a parked car, even if the windows are rolled down.
Place a purse, briefcase or anything else that you will need when you get out of the car in the backseat, so that you cannot forget about a child riding in the backseat.
Make it a habit to look inside your vehicle, both front seat and back, before locking the door and walking away.
If you should see a child alone in a hot vehicle, call 911 right away. If you notice that they are in distress due to heat, it is important to get them out of the car as quickly as possible.

May 8, 2014

Florida Injury Lawyer :: New Regulations Could Be Placed on Parasailing Industry in Florida

by Whittel & Melton, LLC

For the first time ever, Florida Gov. Rick Scott has the opportunity to sign into law a bill imposing restrictions on how parasailing companies conduct their business. The new laws would require operators to carry $1 million of insurance per rider and would ban parasailing in sustained winds topping 20 mph or gusts reaching 25 mph.

According to a senate report, between 2001 and October of 2013, there have been 21 parasailing accidents in Florida that have resulted in 23 injuries and six deaths.

Of those that have lost loved ones is an Ocala woman who lost her youngest daughter to a parasailing accident in Pompano Beach in 2007. Her older daughter was left with brain damage.

The mother blames the tragedy on a void of regulation in the parasailing industry, something she hopes this new law will change.

The company that took the Ocala woman’s teenage daughters out parasailing apparently did not keep their equipment in good shape or watch out for inclement weather conditions.

Once the teens were out, the wind began to pick up and the girls asked to be let down, however the wench did not have enough strength to pull them down to safety. The decaying rope snapped, dragging the teens and the yellow parasail into the roof of a two-story home, and finally coming to rest in a tangled mess in a tree.

The daughter that suffered brain damage, now 24, continues to experience side effects from her injuries. She is now a massage therapist, but constant headaches make the physical work quite difficult. Her mother believes she suffers from Post-Traumatic Stress Disorder.

Many people flock to the beaches of Florida year-round to escape colder temperatures and enjoy some fun in the sun. Most tourists partake in many water adventures, parasailing being one of them, however, many of them fail to recognize the potential dangers involved. Parasailing should be an enjoyable time, but without proper safety measures in place, these types of accidents can lead to permanent and life-threatening injuries, including traumatic brain injuries, spinal cord trauma, back injuries, head injuries, paralysis, broken bones, death from falls and even drowning.

There are many careless acts of negligence that can result in parasailing accidents, including:

Equipment Failure – This can include malfunctions with the boat, harness, towline or sail
Improperly Trained Staff
Absence of Safety Measures
Unlicensed Company or Operator
Operator Negligence
Unsuitable Parasails
Staff Failing to Monitor Weather Conditions or Stay Updated on Alerts
Boat Operators Moving too Close to Other Boats and Structures
Staff Failing to Demonstrate Proper Safety Techniques to Passengers

April 28, 2014

Florida Carnival and Amusement Park Injury Lawyer :: Florida Fair Operators Distracted by Cell Phone Use

by Whittel & Melton, LLC

The state of Florida currently has 51 annual fairs, so tourists and residents alike do not have to travel too far to find a circus, county fair or carnival in the area. Fairs and other travelling events provide fun and excitement for the entire family, which is why most people look forward to the fair coming to town. While we expect ride operators to be fully trained on how to set up rides and safely operate any equipment and machinery, most of us do not think that ride operators will neglect the safety of passengers to text or use their cell phones.

However, the reality is that many employees at Florida fairs are whipping out their cell phones to send a quick text or play a game when they should be working a ride.

While a recent investigation found that most fairs and amusement parks have policies that prohibit employees from using mobile devices while operating rides, many employees still use their phones when they are supposed to be making sure the rides are running safely.

April 21, 2014

Miami Swimming Pool Accident Attorney :: 7-Year-Old Electrocuted in North Miami Family Pool

by Whittel & Melton, LLC

A faulty pool light is the center of an investigation into the death of a 7-year-old Miami boy who was electrocuted as he swam while under the care of a longtime nanny.

Police quickly determined that the 7-year-old was electrocuted on April 13 after receiving a severe jolt that catapulted him out of the water as he raced across the backyard pool at his home.

However, police claim the investigation is far from over, as they need to determine what exactly caused the accident.

The light in question is a single circular beam in the deep end of the family’s Keystone Point pool, which is now empty and without power. After the tragic accident, the light was found encased in steel that is rusted and burned.

The boy’s father told police that he noticed the pool light was not turning on about nine months ago. He apparently hired a contractor to fix it.

According to a city spokeswoman, North Miami requires permits and inspections on pool electrical work that is more complicated than simply changing a light bulb. According to city building department records, no permits were pulled and no inspections were done at the family’s home in the past year.

According to family members, electricians that inspected the light switch to the pool said that it didn’t seem to be grounded properly, meaning power that should have been averted from the pool was instead likely going directly into it. The power source could have been as much as 120 volts.

The 7-year-old and his 22-year-old brother were in the pool when the older man felt a shock and jumped out of the pool, yelling at his brother to do the same. The boy was apparently underwater and did not hear his brother.

Neighbors raced to the home and performed CPR on the boy before Miami-Dade paramedics took over.

As this case shows, electricity near the water presents many problems. Electric shock cannot only cause serious physical problems, but can lead to near-drowning or drowning accidents. All residential pools, as well as public swimming pools and other locations that often use electrical equipment in and around the water must be inspected on a regular basis to ensure they do not pose any risks to swimmers or other people in the area.

April 15, 2014

Florida Amusement Park Injury Attorney :: Top 10 Most Dangerous Amusement Park Rides

by Whittel & Melton, LLC

Every year, more than 300 million people visit amusement parks throughout the United States. There are more than 400 theme parks in the U.S., and combined these parks take 1.7 billion rides. While most amusement park visitors have an enjoyable time, last year, more than 2,000 theme park visitors sustained injuries. Based off recent data, the Consumer Product Safety Commission identified which types of rides are the most dangerous.

The following rides were found to have the highest number of injuries:

Roller Coasters – Roller coasters were responsible for 495 injuries.
Water Slides – Water slides accounted for 438 amusement park injuries.
Boat Rides – Water rides that use boats accounted for 93 injuries.
Wooden Roller Coasters – 87 people suffered injuries from accidents that involved wooden roller coasters.
Water Park Playgrounds – Water park playgrounds were responsible for 84 injuries.
Alpine Slides – 72 injuries were reported from alpine slides.
Vintage Style Car Rides – 72 injuries were caused by these kinds of rides.
Flumes – 72 injuries were reported from these water rides.
Slides – Theme parks super slides resulted in 69 injuries.
Carousels – Believe it or not, 60 people were injured on carousels, with most of the victims being under the age of five.

While reports indicate that many of these injuries were just minor accidents, some were very serious. In July of 2013, a 52-year-old woman fell to her death while riding the Texas Giant at Six Flags Over Texas. The roller coaster was designed without seat belts, which is one of the reasons this fatal accident occurred. The ride reopened in September with added redesigned restraint-bar pads from the manufacturer, as well as seat belts.

Park owners and operators have a duty to protect the public. The safety of all guests should be made top priority, which means all rides must be in safe operating condition and all safety equipment should work properly. Additionally, all amusement park operators should receive special training to be able to recognize potential hazards. When a park fails to live up to its duty of providing a safe experience to the public, it can be held liable for any resulting injuries.

April 7, 2014

April is National Distracted Driving Awareness Month

by Whittel & Melton, LLC

Distracted driving is a widespread problem throughout the United States. According to the official U.S. government website for distracted driving – www.distraction.gov, 3,328 people alone were killed in distracted driving auto accidents in 2012 and another 421,000 people were injured.

Distracted driving is any activity or behavior that takes a person’s attention away from operating a vehicle safely. Distractions not only endanger those behind the wheel, but passengers, other motorists sharing the roadway and innocent bystanders as well. The following are all various distractions that can divert a motorist’s attention away from the primary task of driving:

Texting
Talking on a cell phone
Drinking and Eating
Talking to other Passengers
Applying Makeup, Brushing Hair and all other forms of Personal Grooming
Reading Directions, including Maps
Using GPS or a Navigation System
Adjusting Radio Dials or Playing with CD Players, iPods or MP3 Players
Watching Movies or TV

The most dangerous distracted driving activity is text messaging, as it demands visual, manual, and cognitive attention from the driver. According to the 2011 National Occupant Protection Use Survey conducted by the National Highway Traffic Safety Administration, at any moment across the country an estimated 660,000 motorists are using cell phones or operating electronic devices behind the wheel. This number has only increased since 2010, and the survey goes on to show that when operating a vehicle, 1 in 2 drivers answer incoming calls, 1 in 4 drivers make outgoing calls, 3 in 5 teen drivers answer phone calls, 1 in 3 teen drivers make phone calls and 2 in 5 teen drivers regularly use their hand-held cell phones or smart phones. Sadly, thousands of people die every year due to negligent distracted drivers.

Because April is National Distracted Driving Awareness Month, our Florida Auto Accident Lawyers at Whittel & Melton want to encourage everyone to put their cell phones and all other electronic devices away when behind the wheel. Sending and receiving text messages while driving is very dangerous, but regardless many people still choose to do so. In fact, when you send or receive a text message, this activity takes your eyes off the road for an average of 4.6 seconds which is the same as driving the length of an entire football field at 55 mph, blind. We urge you to remember these facts and statistics every time you get into a vehicle.