Justia Lawyer Rating for Jason M. Melton Esq.
AVVO
Martindale-Hubbell
Super Lawyers
Florida Justice Association
American Association for Justice
FACDL
Florida Legal Elite
America's Top 100 High Stakes Litigators

by

Medicare patients in nursing homes saw a spike in deaths last year – up 32% from the previous year, according to a government watchdog report released on Tuesday. 

There were two reported surges just eight months apart that are said to be a result of the COVID-19 pandemic. 

The inspector general of the Department of Health and Human Services report shows that a large number of Medicare recipients in nursing homes had coronavirus in 2020 (nearly 4 in 10.) The number of deaths spiked by a whopping 169,291 from the previous year, before coronavirus appeared, according to the report.

How did investigators get to these numbers? They used what is considered an accepted method of estimating spikes in deaths in a group of people after a catastrophic event. This same method was used to estimate death tolls in Puerto Rico following Hurricane Maria in 2017 as well as the first set of COVID-19 deaths in NYC. There is no report on cause of death just after the first coronavirus surge last spring. It does not attribute a cause of death but is seen as a barometer of impact.

When compared to 2019, death rates were higher every month in 2020. The biggest jumps in deaths were in April 2020 where 81,484 Medicare patients in nursing homes died and in December 2019 where deaths reached 74,299 amongst Medicare patients in nursing homes. 

The report released Tuesday is the most comprehensive one from the government currently. It found that those residents in nursing homes or assisted living facilities that are classified as low-income and covered through Medicare and Medicaid were much more likely to have COVID-19 with infection rates among the population at 56% (26% died). 

Certain states also suffered worse impacts. By December 2020, more than half of the Medicare patients in nursing homes in Illinois, Connecticut, Louisiana and New Jersey had or were suspected to have COVID-19.

Coronavirus Injury Lawyers at Whittel & Melton Can Help 

hospice-4135835_1920-300x200Our Florida Injury & Wrongful Death Lawyers at Whittel & Melton represent victims of nursing home negligence, and can help you seek compensation for a nursing home or healthcare facility that failed to properly handle the coronavirus pandemic or any other medical emergency. We can assist surviving family members who lost a loved one while in the care of a hospital, nursing home, or assisted living facility.


If your loved one became ill or died because of COVID-19 in a nursing home, then you may be entitled to financial compensation if the facility in question failed to have proper infection control policies in place or lacked the necessary protective equipment needed to keep residents safe. Our Florida Nursing Home Injury and Death Lawyers at Whittel & Melton can help you take legal action against nursing homes that did not follow the law in caring for your loved one. We have years of experience holding these facilities accountable for their role in the abuse, neglect, or other lapses in care by filing civil lawsuits. You have every right to take action against any facilities that failed to live up to their obligations of keeping residents safe from infection and disease.  Continue reading

by
Updated:

by

A 29-year-old man that allegedly caused a fatal traffic crash in Avon Park in 2007 fled the country before he could be prosecuted, according to reports. 

The Florida Highway Patrol (FHP) says the man was driving drunk when he caused the collision. His alleged blood-alcohol content was nearly four times the legal limit of .08. 

The man was arrested just outside of Mexico City on Monday after eluding police for nearly a decade. The United States Marshals Service brought him back to the United States, where he now faces very serious charges of DUI manslaughter, property damage, and driving with a suspended license where death is involved. 

The man posted bail of $10,000 two days after being arrested in 2007 and then fled the country. 

Troopers believe the man killed a man and woman on June 30, 2007, when the man’s Cadillac struck the vehicle the pair were travelling north in. 

The man apparently tried to flee the scene after the crash, but was unable to do so because of his injuries. He has two previous DUI charges on his record – one in 2001 and one in 2004. 

The FHP did not go into detail on how the man was captured. The man is now 43-years-old.

drinking-3740477_1920-224x300Thousands of people are killed every year across the United States in DUI crashes and countless others are injured. DUI victims face a variety of challenges after an accident changes their lives, which is why you need a Florida Injury Lawyer for Victims of DUI at Whittel & Melton to help you fight for your rights when you need it the most. Our team of seasoned personal injury and wrongful death lawyers have handled numerous DUI cases and recovered financial compensation for victims and their families. We are proud to help real people just like you after an accident with a drunk driver has changed their lives.  The negligent driver responsible for the accident can face criminal charges, but victims may also be able to file a civil lawsuit against the at-fault driver and their insurance company for damages, including: 

  • Property damage
  • Medical bills
  • Lost wages
  • Pain and suffering
  • Wrongful death
  • Possible punitive damages

PLEASE BE ADVISED: When an insurance company calls you following a DUI accident, this is to help them limit their damages owed to you (the victim). We strongly recommend waiting to speak to the other side until you have retained a lawyer that can walk you through handling insurance adjusters. We don’t want to see your damages get reduced just because you said something that was misconstrued. If you get a call from an insurance adjuster, you can politely inform them that you are not ready to speak with them at this time and that you will have your attorney contact them in the future.  

Drunk driving personal injury and wrongful death cases can be the most devastating types of cases a person will ever endure. We know the difficulties involved in these cases and are equipped to fight to the finish for the full and fair damages that you are owed. While nothing we do can undo the damage already done, we can help to make your future better and hold the negligent driver responsible so that they make better decisions moving forward.  Continue reading

by
Updated:

by

The Dutch company Philips, one of the largest medical equipment companies who makes sleep apnea machines and ventilators, has recalled certain breathing devices due to a foam part that can become toxic and potentially lead to cancer. 

The announcement of the recall was issued Monday and targets between 3 and 4 million users. 

What is the problem? Foam has been used to mute the sound in certain machines, but this foam can degrade and release small particles that could irritate airways and the gases released from the foam may also be toxic and carries the risk for developing cancer. 

In April, the group announced a $303 million charge for the issue in its first quarter-earnings report. The total cost of the problem to date is 500 million euros.

As of early Monday, shares in the group were down 4.2 percent. 

The recall is expected to take a year to remedy. 

A company spokesman said about 80 percent of the defective devices were machines used for sleep apnea, also known as Continuous Positive Airway Pressure (CPAP) machines. Users of these devices were told to stop using them. The other 20 percent of defective devices were ventilators. 

Philips is working with health authorities to find a safer alternative to the foam, but first they must pass testing and regulatory tests/standards. 

What products are affected in the recall? Bi-Level Positive Airway Pressure and Continuous Positive Airway Pressure devices and mechanical ventilators. The foam risk in these devices, if inhaled, can cause headache, irritation, inflammation, and even cancer. 

Philips also alerted users of these devices to speak with their physician regarding alternatives. Anyone who used a Philips Bi-Level PAP or CPAP machine could potentially be able to file a claim for financial compensation. Our Phillips CPAP/BiPAP/ASV Device Recall Lawyers at Whittel & Melton are here to help consumers understand their rights and what they may be entitled to under the law. 

alarm-clock-1193291_1920-300x199What is Sleep Apnea? 

Sleep apnea is a relatively common condition that happens when the upper airway becomes obstructed during sleep. The Centers for  Disease Control and Prevention (CDC) have stated that 38 to 68 percent of adults over the age of 60 suffer from sleep apnea. 

What Breathing Devices Are Affected in the Recall?

The Bi-Level PAP, CPAP and mechanical ventilators are affected in this particular recall. These machines were designed to give users a constant stream of airway pressure to the throat during sleep. Users that may have paused in breathing during sleep can use the device to help ease their difficulty of breathing due to sleep apnea. Philips designed various sleep therapy machines with different levels of air pressure for users. 

As previously mentioned, dangerous or defective medical devices, like ventilators and sleep apnea machines, can mean that consumers have the right to file a product liability claim. While medical devices are meant to improve the lives of users, sometimes these devices can do more harm than good. When that is the case, then users may be entitled to financial compensation for all of the harm that these devices caused, such as medical bills and lost wages. We can help you understand your rights and whether or not you have a valid claim for damages.  Continue reading

by
Posted in:
Updated:

by

A Tampa urologist mistakenly performed surgery on a patient’s right testicle instead of his left in September 2019. The patient was scheduled to have surgery on his left testicle for the removal of enlarged veins, but the doctor marked the right testicle for surgery instead. 

The doctor has been fined $2,500 by the State of Florida Board of Medicine and the board also has issued a letter of concern.

On Thursday the board’s final order was filed. The complaint shows that the patient arrived for a varicocelectomy, a surgery to remove enlarged veins, on September 10, 2019. This is usually an outpatient surgery that takes about 30 minutes to perform, according to the Men’s Clinic at UCLA. 

Before the surgery, the doctor marked the right testicle for surgery instead of the left. 

surgery-1807541_1920-1-300x198According to records, the doctor has been a Florida licensed doctor since April 1, 2019 and has no previous board discipline history.

In addition to the letter of concern and $2,500 administrative fine, the doctor will pay $2,045.56 to reimburse the Department of Health for their costs in handling this case. He will also have to take a five hour continuing medical education course involving risk management OR attend eight hours of disciplinary hearings by the Board of Medicine AND give a one hour lecture regarding wrong site surgery mistakes at a medical facility that the board approves. 

A wrong site surgery happens when a doctor makes a mistake and performs surgery on the wrong body part. This is considered a surgical error that should not ever happen, but sadly this happens quite a lot. Medical professionals agree that wrong site surgeries should never happen, which is why they are considered a “never event.” 

While wrong site surgeries are something that patients hope they never fall victim to, the sad truth is that these mistakes are more common than most would think. They happen pretty frequently in Florida and throughout the United States. If you or a family member has had the wrong body part operated on by a medical doctor, then you may very well have a claim for medical malpractice against the at-fault provider or even the hospital where the surgery occurred. Our experienced Medical Malpractice Lawyers in Tampa can help you understand if you have a valid malpractice claim and walk you through the necessary steps for seeking financial compensation for damages. 

While wrong site surgeries are dubbed a “never event,” researchers at Johns Hopkins have conducted studies that show doctors across the U.S. may operate on the wrong body site as often as 20 times every week. This adds up to hundreds of patients every year that fall victim to wrong site surgeries all because of a doctor’s careless mistake.  Continue reading

by
Updated:

by

A 28-year-old Dade City man was killed Saturday night when the pickup truck he was driving rolled over and ejected him. 

The Florida Highway Patrol (FHP) believes the man has issues negotiating a curve in the road around 10:50 p.m. near Zephyrhills. 

His truck left the road and rolled over on the shoulder. He was not wearing a seatbelt, according to the FHP. 

Any type of motor vehicle crash can be dangerous, but a truck rollover is especially risky as the truck usually crushes whatever is in its path. A pickup rollover collision can result in serious injuries and even death. If you or someone you love has been involved in a truck rollover crash, you need legal help right away so that you can understand whether or not you can seek financial compensation for the damages incurred in the accident. Our Tampa Truck Accident Attorneys at Whittel & Melton can help you determine if you can file a personal injury or wrongful death claim. 

semi-2659736_1920-300x200Trucks can rollover for a variety of reasons, but the two main ones include having an uneven load and driver error. Our Truck Accident Lawyers often see rollovers happen as a result of: 

  • Speeding and failing to negotiate a curve in the road
  • Speeding in inclement weather 
  • Steering errors
  • Poorly loaded cargo
  • Cargo that has not been secured properly 

What Should I Do After a Truck Accident in Tampa? 

  • Get Police to the Scene 

You absolutely MUST file an accident report when you are involved in a crash with a truck. Even if you think you are not injured and there is no damage or very little damage to your car, you need to get a police report of the crash so that you have this crucial piece of evidence if your case does move forward to trial. 

  • Get Medical Care ASAP

After any type of crash, you need to make sure you get medical attention as your health is the number one priority. Certain types of injuries may not show symptoms for a few weeks or months, so you need to get checked out by a doctor to rule out any injuries. Keep in mind that if you refuse medical care, then this could be used against you later on in court. 

  • File a Report with Your Insurance Company 

This is where things can get tricky. Our Tampa Truck Accident Lawyers at Whittel & Melton can walk you through this process and make sure you do not say anything that may be used against you later on. But, if you speak with insurance adjusters before reaching out to us, just remember to watch what you say and keep conversations at the scene of the crash to a minimum. If you end up speaking with the at-fault party’s insurance provider, stick to the facts and don’t offer up any extra information. 

We are truck accident attorneys in Tampa that understand the complicated liability factors that arise in truck accident cases. We will immediately gather evidence for your case, contact the insurance companies involved, and fight for your rightful compensation.  Continue reading

by
Posted in:
Updated:

by

Kevin Clark, now 32, who played the drummer in the popular Jack Black film “School of Rock” almost 20 years ago was struck and killed while riding his bicycle at a dangerous intersection on Wednesday, May 26. 

He was struck by a driver operating a Hyundai Sonata at about 1:20 a.m. and was pronounced dead at 2:04 a.m. after being taken to the hospital for his injuries. 

The 20-year-old driver of the Hyundai was issued several citations, according to police reports. 

Riding a bicycle is loads of fun and a great way to get some exercise. Florida has a wonderful climate so that residents can ride pretty much year round, making cycling a passion for many Floridians. Sadly, this hobby can end in tragedy when motorists sharing the roadways fail to take care and watch out for cyclists. The number of bicycle fatalities is climbing across the U.S. In 2019, bicycle accidents increased by 6% according to the National Safety Council (NSC). In the last 10 years bicycle fatalities have grown 10% from 793 in 2010 to 1,089 in 2019 (the latest year data is available.) 

The NSC also points out that starting in June, bicycle fatalities start to rise and continue to stay high through September. For 2019, the most deaths from bicycle fatalities occurred in August – 125 and the fewest occurred in January – 63. 

If you have lost a loved one or have suffered any type of harm in a bicycle accident that was the result of another driver’s negligence, then you may be entitled to recover financial compensation for all of your suffering and related damages. 

Bicyclists are quite vulnerable on Florida’s busy roadways and intersections. When you go out for a ride, you share the road with fast moving cars, large trucks, buses, and other vehicles that can cause severe injuries and even death on impact. For the most part, bicyclists have the same right-of-way as any other motorists travelling on the roads. But despite these laws, most motorists fail to offer bikers the same courtesy as they extend to other vehicles on the road, which is why bike accidents happen so frequently. 

What Are The Most Common Causes of Bicycle Accidents?

  • There are many reasons bike accidents can happen, but most often these dangerous accidents happen because of the following:  
  • Cars turning in front of bicyclists and crashing into them at an intersection
  • Motor vehicles turning right and striking bicyclists in the crosswalk
  • Drivers passing cyclists too closely and clipping them 
  • Drivers opening car doors while a biker is passing, also called “dooring.” 
  • Drivers failing to yield to bicyclists

What Should You Do After a Bicycle Accident?

  • If you are harmed in a bike accident, then we recommend taking the following steps: 
  • Call 911 right away – your health is the first and most important priority. You need to get medical care right away. 
  • Make a police report. Never let the at-fault driver talk you out of this very important step as failing to do this can lead to problems later on. 
  • You need to get information from the driver who hit you, like their driver’s license number and insurance information. 
  • If you can, snap some pictures or take some videos of the car that hit you, your injuries, your bike, and the scene of the accident. 
  • If there are any witnesses to the crash, then get their information, too. Police might miss this step, so help yourself by getting their contact information. 
  • Contact an experienced Injury Lawyer at Whittel & Melton at 866-608-5529 or contact us online. You should reach out to us before you make contact with the other driver’s insurance provider. 

What Can I Do to Protect Myself in a Bicycle Accident?

  • Wear a helmet that fits properly 
  • Wear reflective and bright-colored clothes 
  • Use a bike light and reflectors, or even reflective tape
  • Ride with the flow of traffic 
  • Obey all traffic laws 
  • Always use bike lanes, whenever possible 
  • Perform routine maintenance on your bike to make sure it is good working condition 
  • Make sure you are alert at all times and are not distracted 

Continue reading

by

For most Americans, Memorial Day Weekend is a chance to enjoy a three-day weekend and celebrate the people that have fought for our freedom and this country. Many use this time to relax and recharge by hosting backyard barbecues, taking vacations, and spending time with loved ones. With the Covid-19 vaccine being available to most, many have already had at least one dose of the vaccine and are feeling more comfortable with places reopening and resuming some type of normalcy. However, Memorial Day Weekend is considered a dangerous holiday for those travelling on U.S. roadways as many motorists engage in irresponsible and reckless behavior. 

Estimates for Memorial Day 2021

Memorial Day is associated with many deaths and injuries from unnecessary accidents. This year is no different. In fact, the National Safety Council (NSC) estimates that we will see 415 deaths this Memorial Day holiday weekend and another 47,300 injuries from car accidents. 

AAA Travel expects the U.S. to see a larger number of people travelling this year when compared to last year. More than 37 million people are anticipated to travel 50 or more miles from home from May 27 through May 31, which is a 60% jump from last year. 

destin-1596272_1920-300x200Planning to Travel this Memorial Day Weekend? Follow these Tips 

  • Get a good night’s sleep before heading out on a long road trip. If you are travelling a long distance, then remember to take regular breaks and do not drive when you are tired. Fatigued driver is just as dangerous as drunk or drugged driving. 
  • Get an early start or allow yourself adequate time to travel to your destination. Plan for traffic and don’t let your timing get you upset or distracted. 
  • Put your cell phone and other devices away so that they cannot distract you from your main task at hand: driving. 
  • Never drive while under the influence of alcohol or drugs. Plan for a designated driver or call a cab or take an Uber or Lyft. 
  • Maintain a good distance from the car or vehicle in front of you. 

How Can I Avoid a Collision this Memorial Day Weekend?

There are many safety precautions that you can take, which we have outlined below, but remember, you cannot control the actions and behaviors of other drivers. A few important tips for staying safe on the roads this holiday weekend include, but are not limited to:

  • Always buckle up no matter how far or short the distance you are travelling. Seat belts save lives. Make sure your kids are buckled up as well or in their appropriate safety seats. 
  • If you plan to drink once you get to your destination, then assign a designated driver or use public transportation or rideshare programs, like Lyft or Uber. You have lots of options, but getting behind the wheel drunk or drugged should never be one of them. 
  • Stay off your phone when driving – this is a major distraction and can lead to serious accidents. 

What Do I Do If I Am Involved in a Car Crash Over Memorial Day Weekend?  Continue reading

by
Posted in:
Updated:

by

Memorial Day Weekend is here and a favorite holiday of many Americans as it serves as a time to remember and celebrate the men and women who have proudly served our country and defended our freedom as well as provides most with some extra time off from work. The plus side to this holiday is that you may get to spend some much needed time with friends and family, but the downside is that Memorial Day Weekend is one of the most dangerous weekends to be on the roads in the United States due to a surge in motor vehicle crashes, including motorcycle accidents. 

The National Safety Council (NSC) estimates that 415 people may lose their lives on U.S. roads for the 2021 Memorial Day Weekend holiday period from 6 p.m. Friday, May 28 to 11:59 p.m. Monday, May 31. While this number is only an estimate, the NSC has a 90% confidence interval for roadway deaths this holiday weekend ranging from 337-502. The impact of COVID-19 has increased the NSC’s estimates for the number of roadway deaths this year, according to their reports. 

What Makes Memorial Day Weekend So Dangerous?

  • Increased Drivers/Motorcyclists on the Roads: As America starts to bounce back from COVID-19 and reopen, 37 million people are expected to travel this Memorial Day Weekend, according to CNN reports. A AAA Memorial Day travel forecast for 2021 expects a 60% increase of travelers this year compared to last year heading out on the road traveling 50 or more miles from their homes. The confidence boost to get out this year coincides with about 50% of the American population having at least one dose of a Covid-19 vaccine. Road travel is still slated to be much higher than air travel this year, and popular destinations include Orlando, Myrtle Beach, Denver, Las Vegas, South Carolina, and Nashville. 
  • Unfamiliar Territory for Motorists/Motorcyclists: Motorcyclists and auto drivers alike heading out on road trips might be travelling to new places, making this unfamiliar terrain. For many, unfamiliar places can result in overly cautious driving or more reckless driving, both of which are known to cause serious accidents.
  • Drivers Operating Under the Influence of Alcohol or Drugs: Drunk or drugged drivers on the roadways are always a potential threat, but this drastically increases over a holiday weekend. According to NSC data for the latest year available (2018 Memorial Day period), 37% of fatalities involved drivers who were operating under the influence of alcohol. Extended holiday weekends often lead to celebrations with alcohol, so it is quite common for motorists to lose track of their sobriety and get behind the wheel of a car after a day/night of partying. 

motorcycle-1185717_1920-300x224How Can You Avoid a Memorial Day Weekend Motorcycle Accident? 

While you can do everything in your power to be safe and drive responsibly, everyone must do their part. The following safety tips can keep you and others sharing the roads safe this Memorial Day Weekend. 

  • Expect an Increase in Traffic: You can expect to see more drivers on the road this Memorial Day Weekend, so plan accordingly. It will likely take you longer to get to and from your destination, so give yourself plenty of time to get to where you are going so that you don’t have increased stress or anxiety from being rushed. 
  • Wear Proper Safety Gear: This is essential for motorcyclists safety. Don’t travel without your helmet and protective clothing, like jeans, durable boots, a reflective jacket, gloves and face/eye protection. 
  • Stay Off Roads at Night: Accidents can happen at any time throughout the Memorial Day weekend, but many crashes happen later at night/early morning hours when people are heading home after a night of partying. Staying off the roads at night can prevent you from being harmed in an accident with a drunk or drugged driver. 

What Should I Do If I am Involved in a Memorial Day Weekend Motorcycle Crash? Continue reading

by
Updated:

by

A mother passed away Saturday after crashing the motorcycle she was riding while on a memorial ride for her son, who suffered the same fate just one month earlier. 

The 51-year-old woman was riding a 2012 Honda CBR along with about 80 other bikers when a horse jumped into the road and caused her to swerve and ultimately lose control of her bike and crash into a ditch. The accident reportedly occurred around 12:30 p.m. 

The woman was wearing a helmet and was transported to a hospital where she was pronounced dead. 

Reports did say that investigators believe excessive speed played a factor in the crash.

The woman’s son, 23, died April 5 in a motorcycle crash. The bikes she was riding at the time of her motorcycle crash was one of his. 

bikers-5644753_1920-300x177Thousands of Florida motorcyclists ride the roads of Florida, pretty much year round. While these riders have the joy of travelling the open roads whenever they’d like, they are at a higher risk of being involved in accidents that can result in serious and debilitating injuries. Motorcycle riders are not allotted the same protections as a driver of a car, like a large steel frame and airbags, so when riders are involved in a crash they can easily suffer from a wide range of injuries like broken bones, brain damage, internal bleeding, road rash, amputated limbs, neck and back injuries, shoulder and knee injuries, and even death. When these serious injuries occur from a motorcycle crash, our Florida Motorcycle Accident Lawyers at Whittel & Melton are here to help.

It is true that some motorcycle accidents cannot be prevented, but there are far too many of these types of collisions that are caused by negligence. Motorcycles are less visible to other motorists and also less stable than four-wheeled vehicles. Riders are also more susceptible to the weather and other road conditions than drivers of cars. If another careless or reckless driver caused or contributed to your motorcycle crash in some way, then it can be quite beneficial to speak with our Florida motorcycle accident law firm. Our Florida Motorcycle Accident Lawyers at Whittel & Melton specialize in motorcycle crash claims.

How Many Motorcycle Accidents Result in Death? 

The most recent data that is available from the National Highway Traffic Safety Administration (NHTSA) shows that 5,014 motorcyclists were killed in motorcycle wrecks in 2019. This number is actually down from the 5,038 people killed in motorcycle crashes in 2018. 2019 data from the NHTSA also shows that motorcyclists were about 29 times more likely to die than passenger car occupants per vehicle miles traveled.

How Many Motorcycle Accidents Result in Injuries? 

Injuries suffered across the U.S. in motorcycle crashes are quite significant as well. In 2019, the NHTSA reported 84,000 injuries from motorcycle wrecks. This is an increase from the 82,000 reported injuries in 2018. 

What Are the Most Common Causes of Motorcycle Crashes? 

Motorcycle accidents can be caused by many factors, but the most common can be chalked up to motorist negligence, such as failing to yield to a biker and failure to look out for a biker. Aggressive driving, speeding, driving under the influence of drugs and/or alcohol, and distracted driving are the other common reasons why motorcycle accidents occur. 

How Can I Stay Safe On My Motorcycle? 

Ultimately, it is the responsibility of the motorcyclist AND other drivers sharing the road to keep everyone safe. Motorcyclists who focus on the road and take proper safety precautions can limit their risk for being harmed in an accident, and there are various safety tips that all riders should incorporate into their routine, including:  

  • Get proper training before handling a motorcycle. In Florida this means that you need a valid Class E operator’s driver license and you are required to complete a Basic RiderCourse (BRC) or Basic RiderCourse updated (BRCu) with an authorized Sponsor. Within a year of passing the course, you are required to obtain your endorsement. 
  • Many states have universal helmet laws, but Florida gives you the option of wearing one if you are over the age of 21 and carry $10,000 of Medical Payment Insurance. Regardless of the laws, our Florida Motorcycle Lawyers at Whittel & Melton encourage everyone to protect themselves and wear a helmet. 
  • Avoid riding in bad weather, as this can make it harder for you to see and be seen by other drivers. On that same note, wet pavement reduces the friction between tires and pavement, which can cause riders to lose control of their bikes much easier. 
  • Lane-splitting increases the chances of being involved in a serious accident, so it is advised to avoid doing this.  
  • Wear bright colored clothing to enhance your visibility to other drivers. 
  • Follow the speed limit. 
  • Never take your bike out when intoxicated. 
  • Do not text and try to operate your bike. 

Continue reading

by
Updated:

by

Two men were killed in head-on crash in Hillsborough County early Saturday morning around 3:50 a.m., according to the Florida Highway Patrol (FHP).  

The crash occurred on U.S. 301 in Thonotosassa and involved a 29-year-old Dade City man who was behind the wheel of a pickup truck heading north. For reasons that have yet to be confirmed, the 29-year-old driver crossed into the path of a 61-year-old Zephyrhills man travelling south in an SUV. 

The FHP reported that the two vehicles smashed into each other, causing the SUV to rollover, fall off a bridge, and ultimately land in a ditch. The pickup spun and landed in the northbound lane. 

Both drivers were pronounced dead at the scene of the crash. 

Reports confirmed that both drivers were wearing seatbelts. 

pickup-truck-1210056_1920-300x200Pickup trucks that are full-sized are used for various purposes, including everyday travel for personal use and even tools of the trade for certain industries and professions. Construction companies often use these trucks as part of their fleet for their workers to carry heavy tools and supplies to and from job sites. Landscapers and other industries also utilize pickup trucks for their business. 

Pickup trucks come in half, three-quarter, and even 1-ton size varieties, so they are larger and heavier than most passenger vehicles, which makes them more dangerous to be involved in an accident with. If you or a loved one is harmed in a pickup truck accident, then it is very important to understand your rights for holding the at-fault driver liable so that you can recover financial compensation for your injuries and all other damages.  

What You Need to Know About Pickup Truck Accidents

While most pickup trucks do not require a special license in order to drive, they are used quite often as commercial vehicles. When a company leases or buys a pickup truck for their workers to drive, this dynamic can change the financial responsibility for the crash. In these cases, the at-fault driver of the truck can be responsible as well as the company that owns the truck. Accidents involving company-owned trucks can be harder to negotiate with for a variety of reasons, including: 

  • Insurance: Pickup trucks that are used as part of a fleet for a business may have commercial vehicle insurance. For these purposes, it must be known what is exactly covered and how to maximize payouts when it comes to this kind of insurance. 
  • Liability of the Employer: Even if an employee was driving the pickup truck, the owner of the truck/company may still be responsible for the accident. 
  • Worker’s Compensation: Any employee drivers who are harmed in a pickup truck accident owned by the company could be eligible for worker’s comp. 

There are various aspects that must be explored when it comes to pickup truck accidents. For these reasons, legal representation can be quite beneficial for pickup truck accidents, especially when the truck is classified as a commercial vehicle. This increases the complexity of the case, so you will need an attorney who fully understands insurance laws and nuances, so that you can get the compensation that you need and deserve. Our Tampa Truck Accident Attorneys at Whittel & Melton are experienced truck accident lawyers that specialize in commercial trucking accidents, so we know how to investigate these accidents and what to look for to achieve maximum compensation for the victims involved.  Continue reading

by
Posted in:
Updated:
Contact Information