Wrongful Death

July 12, 2018

Investigation Finds Daytona Beach Roller Coaster Derailed Due to Excessive Speed, Operator Error

by Whittel & Melton, LLC

An investigation from the Florida Department of Agriculture and Consumer Services found that the derailment of a Daytona Beach roller coaster in June that injured six people was caused by excessive speed and operator error.

The investigation said operator error was the reason the Sand Blaster Roller Coaster derailed June 14, causing a cart full of people to dangle above the ground. Of the 10 people on the ride, six had to be hospitalized.

During a post-accident inspection, engineers found evidence of previous derailments on the nearly 40-year-old coaster, including one that appeared to have taken place after it was refurbished in 2013, officials said in a preliminary report.

Had that derailment been addressed before the June accident, investigators said, the crash likely wouldn’t have happened. No other derailments had been reported to state officials before the June incident.

The coaster, which is on Ocean Avenue near the Daytona Beach Pier, has been out of operation since the accident and will remain out of operation indefinitely, officials said.

Roller coaster accidents can result in minor to severe injuries, and in some cases, death. Victims of roller coaster injuries in Daytona Beach and elsewhere throughout the state of Florida can rely on the experienced Roller Coaster Accident Attorneys at Whittel & Melton to provide legal representation in seeking compensation for their losses. We know how devastating these accidents can be, which is why we will fight for maximum compensation for roller coaster injuries.

Ride operators are hired to run roller coasters safely. These individuals are responsible for ensuring that each passenger is seated and secured properly in the ride, and that the ride starts and stops as it is intended. Even the slightest error on the operator’s part can lead to a serious roller coaster accident.

July 6, 2018

Bounce House Injuries: What Parents Need To Know

by Whittel & Melton, LLC

A three-year-old girl died on July 1 in a bouncy castle incident in Norfolk, U.K.
She was bouncing on the inflatable equipment — a bouncy castle with a trampoline — when the trampoline exploded launching her “30 feet” in the air and causing her to land on the sand.

This tragedy comes just two months after two fairground workers were found guilty of manslaughter by gross negligence for failing to properly secure a bouncy castle in Norwich, which killed a seven-year-old child.

According to the Canadian Hospitals Injury Reporting and Prevention Program (CHIRPP), there has been a vast increase in bounce house-related injuries in the last 20 years. Between 1990 and 2010, over 30 percent required medical follow up after initial treatment in the emergency department. The most common injuries were fractures and sprains.

In the U.S., the American Academy of Pediatrics reported that more than 64,000 children were treated in U.S. emergency departments for inflatable bounce house-related injuries between the years 1990 and 2010. From 2008 – 2010, the number of injuries more than doubled to an average of 31 injured children per day. More than a third of the children injured were under the age of six.

Our Florida Injury Attorneys at Whittel & Melton want your kids to remain safe at birthday parties, fairs, carnivals, festivals and all other celebrations. The following safety measures should be taken into consideration when your child is playing inflatable structures:

Always supervise children in a bounce house. ALWAYS!
Remove shoes, jewelry, and any hard or sharp objects from children’s pockets.
Group children together according to size to help reduce risk of injury from collision.
Do not allow children to perform stunts like flips or somersaults.
Make sure children stay away from the exit points when bouncing inside.
If the bounce house starts to deflate, exit promptly.
If there are high winds, do not use the bounce house.

Bounce houses and other inflatables fall under premises liability, a legal concept that applies to situations where there is an unsafe or defective object on someone’s property. In order to establish liability in a bounce house injury, you must prove that the property owner was negligent and failed to provide reasonable care.

The main defense against bounce house claims is that they come with an assumption of risk. This basically means that while you may know that bounce houses are potentially dangerous, you still allowed your child to play in one anyway.

June 18, 2018

Florida Agency Investigating Roller Coaster Derailment in Daytona Beach

by Whittel & Melton, LLC

The Department of Agriculture and Consumer Services has opened an investigation into why a roller coaster derailed at an amusement park Thursday night in Daytona Beach.

The accident on the Sand Blaster ride at the Daytona Beach Boardwalk sent two riders plunging 34 feet to the ground and left two others dangling in one of the ride’s cars, according to the Daytona Beach Fire Department.

Four riders, all of whom were on the same car, and two others were rushed to Halifax Health Medical Center in Daytona Beach. A hospital official said information about their condition might be released sometime Friday.

Later Friday, the hospital said it “received nine patients.”

The Sand Blaster has been operating at Daytona Beach since 2013 after the 40-year-old ride was bought from a closed amusement park in Delaware a year earlier.

Thrill seekers and adventurists flock to roller coasters for an adrenaline rush. However, a roller coaster is one of the most dangerous rides at amusement parks. Each year there are an estimated 9,000 emergency room visits that stem from amusement park and roller coaster injuries.

While amusement park rides undergo extensive testing and regular inspections to ensure that they are safe, accidents can still happen, and when they do they can result in serious personal injury or wrongful death.

June 8, 2018

Fort Lauderdale Man Killed in Motorcycle Crash on Turnpike

by Whittel & Melton, LLC

Investigators are still trying to figure out what caused a crash that killed a motorcycle rider on Florida’s Turnpike Sunday afternoon.

Troopers were notified of the crash around 4pm that happened on the turnpike southbound exit ramp to Sunrise Boulevard.

Arriving troopers found a 2007 Harley Davidson in a retention pond on the southwest shoulder of the ramp.

The 64-year-old motorcycle rider was pronounced dead at the scene.

No other information regarding the crash is available.

Motorcycle accidents usually result in very serious personal injuries or wrongful death. After a motorcycle accident, it is extremely important to be aware of your rights to recover for injuries or wrongful death including, but not limited to, past and future medical bills, loss of wages, hospital expenses, pain and suffering, disfigurement, funeral costs and other damages.

June 6, 2018

Box Truck Accident Kills One, Injures Another in Deerfield Beach

by Whittel & Melton, LLC

A box truck’s tire came loose Tuesday evening and struck an SUV along Interstate 95 in Oakland Park, killing the SUV driver and injuring a passenger.

According to the Florida Highway Patrol, the box truck was heading south along the highway when it lost its left front tire near Commercial Boulevard, just before 6:15 p.m.

Officials believe the tire bounced over the concrete barrier wall and onto the northbound lanes, smashing into the roof of a 2013 Ford Echo.

The 25-year-old driver of the SUV was pronounced dead at the scene. Paramedics transported the female passenger to Holy Cross Hospital in Fort Lauderdale with injuries that were not classified as life-threatening.

Troopers are still investigating the cause of the accident. It remains unknown if any charges will be filed.

When a blowout occurs on the tire of a big rig, semi, 18-wheeler or other large, heavy truck, the aftermath is very different than that of a tire blowout in a smaller passenger vehicle. The resulting accident and injuries can be catastrophic or even fatal, as the above accident shows.

When accidents are caused by tires, our Florida Truck Accident Injury Lawyers at Whittel & Melton work diligently to determine who the liable parties are and hold them responsible for compensating accident victims or families of those killed in these tragic accidents. We collaborate with scientific experts and accident reconstruction specialists to figure out if the accident was caused by a manufacturing defect, by trucking company or employee negligence, or by other conditions.

A tire can be defective for a variety of different reasons, including failure to stand up to heat generated during driving or poor traction due to poor design or a problem in the manufacturing process. The most common tire defect that causes most 18-wheeler accident is poor treadwear and tread separation.

May 31, 2018

22-Year-Old Killed in ATV Crash

by Whittel & Melton, LLC

A 22-year-old woman died Saturday night after an ATV crash at Dunns Creek State Park, according to Florida Highway Patrol.

The St. Augustine woman was riding with two others on a dirt trail at 8:15 p.m. when the Can-Am ATV overturned.

The woman was ejected from the vehicle and pinned under it until she could be rescued. She was taken to Putnam Community Medical Center, where she died.

The other passenger and driver suffered minor injuries. According to FHP, none of them were wearing seatbelts or helmets at the time of the crash.

The FHP is investigating the crash.

ATVs are useful, fun, and they can be safe when used properly and when riders wear a helmet every time they ride. Sadly, ATV accidents do happen, and they can leave accident victims with catastrophic and even fatal injuries. Victims of ATV accidents, or families of people who have died in ATV accidents, may be able to recover financial compensation for their injuries or losses, which can help to ease the burden of medical bills, funeral expenses, lost wages, costs of living with a disability, etc.

Victims of ATV accidents can be injured in a variety of ways. While some newer models of ATVs have seat belts, many do not, so ejection from an ATV is a relatively common occurrence.

The most common ATV injuries, include:

Head Injuries
Traumatic Brain Injuries
Neck Injuries
Facial Injuries
Spinal Cord Injuries
Paralysis

Due to the fact that ATV riders and passengers can suffer such serious injuries, wrongful death is not uncommon in ATV accidents.

May 29, 2018

One Dead, 3 Injured in ATV Crash in Osceola County

by Whittel & Melton, LLC

One person was killed and three others injured after an ATV hit a tree at a park in southern Osceola County, according to Florida Highway Patrol troopers.

The accident happened around 9 p.m. in the Three Lakes Wildlife Management area in Kenansville.

Paramedics pronounced a 45-year-old Haines City man dead at the scene and transported two people to St. Cloud Regional Medical Center and another to Osceola Regional Medical Center.

A 40-year-old woman of St. Cloud sustained serious injuries and was transported to Osceola Regional Medical Center.

A 54-year-old woman and a 7-year-old boy, both of Bartow, were taken to St. Cloud Hospital with minor injuries.

It’s unclear who was driving, according to reports.

ATVs provide a great amount of fun for friends and family, but drivers and passengers can get seriously injured, and even killed, due to circumstances beyond their control. If you have been injured in an accident involving an ATV in Orlando, Kissimmee, St. Cloud, Sanford or the surrounding areas, our Osceola County ATV Injury Lawyers at Whittel & Melton can help you understand your rights. You may be entitled to compensation for your injuries.

In many ATV injury and wrongful death cases, it can be difficult to determine and prove who is liable due to the large number of contributing factors that often are involved in these crashes. At Whittel & Melton, we are prepared to investigate the situation of any accident in order to establish and verify who is at fault. We will fight to recover maximum compensation.

May 18, 2018

Memorial Day Weekend: Keep Safety On Your Mind

by Whittel & Melton, LLC

Memorial Day is approaching and that means a long weekend and the start of summer! Whether it is at the pool, on a boat, or at a barbecue, plans are usually made to enjoy this time and relax with good friends and family.

We should not forget that this is a time to pay tribute to the brave men and women in the military who died in the line of service to the United States and defending our freedoms.

Spending the time with loved ones may mean a celebration at home or travelling to other places. Regardless of your plans, safety and common sense should be utilized to keep everyone free from harm. No one wants to have to spend their long weekend in the emergency room!

Our Florida Injury Lawyers at Whittel & Melton have compiled a few safety tips to get you through the Memorial Day Weekend safely:

Grill Safely: Make sure your grill is cleaned of grease, dust, and checked before use. Do not grill in an enclosed space that could catch fire.
Swimming or Boating: Refrain from consuming alcohol when swimming or boating. Do not swim alone. Wear lifejackets on boats. AND ALWAYS supervise young children at all times to avoid drowning and near drowning tragedies.
Travel Safely: In 2017 the National Safety Council estimated that holiday traffic injuries and deaths have climbed upward in the last two years. Because of this, we urge you to never drink and drive, wear your seatbelt every time you get inside a car, make sure children are in the proper safety seats for age and weight, refrain from distractions while behind the wheel, and make sure you are well rested before making a long trip.

If you or someone you love has been seriously injured or suffered a wrongful death, call us immediately at 866-608-5529 or contact us online. We offer free initial consultations and are available 24/7, so you can ask all of your questions and get the help you need.

May 17, 2018

Wet Season in Florida: It Is Illegal to Drive with Hazards on In Rain

by Whittel & Melton, LLC

Rain tends to send many drivers into a panic as driving conditions become more hazardous.

While it might seem like a good idea to turn on your emergency lights while driving in heavy rain, our Florida Auto Accident Attorneys at Whittel & Melton urge you not to do it.

Please note: using your hazards in rainy conditions is illegal, and also dangerous. You could actually cause a crash that you think you are avoiding.

We want to remind you of this fact because not every state follows the same law as Florida does. Some states allow it in emergency situations, and some states have no restrictions. You can view the rules state-by-state, via AAA.

What do we mean when we are talking about the wet season? The wet season in Florida starts in late May and continues through October.

Here are some rainy weather driving tips we have compiled to help you through:

Check your tires.
Stay away from cruise control: while this is good in dry conditions, when it is raining, it only increases your chances for losing control of your vehicle.
Use your headlights, but not your high-beams: this keeps you from blinding other drivers, and the extra light could reflect off the rain and reduce your visibility.
Drive slow and leave plenty of room for other drivers: driving slower in wet conditions can be critical to reduce your chances of hydroplaning. If you think you are in no longer contact with the road, start to pump your brakes until you come to a complete stop – do not slam them!

April 30, 2018

Woman Hit by Pickup Truck, Killed while Riding Moped

by Whittel & Melton, LLC

A 73-year-old woman was killed after being hit by a pickup truck while she was riding a moped in Groveland Sunday morning, according to the Florida Highway Patrol.

The Winter Haven woman was driving a 2005 Honda scooter north on State Road 33 behind a Honda pickup.

The truck driver drove onto the road’s shoulder before making a U-turn to drive south on S.R. 33. The truck collided with her scooter about 10:55 a.m.

The woman was pronounced dead at the scene. The driver of the truck was taken to South Lake Hospital with minor injuries.

The crash is under investigation and charges are pending.

When drivers are making a turn of any kind they have an obligation to look out for other vehicles. Unfortunately, they are often focused on cars and trucks and fail to see motorcyclists, bikers, moped drivers and pedestrians. When cars make a left turn or U-turn without seeing a rider they are not giving the rider enough time to react and can hit the motorcycle, scooter or moped causing severe injuries or even wrongful death. Even if the rider is able to maneuver in a way where they avoid a collision, they can still be injured or killed for taking such evasive action.

When a motorcyclist or a moped driver is involved in an accident with a larger vehicle, the motorcyclist will suffer the most serious injuries in the majority of instances. Moped riders and bikers are much more vulnerable than automobile drivers and lack the protection of a metal frame.