Florida Personal Injury Lawyers Blog

June 2, 2023

News: Motorcyclist, 36, dies after colliding with car on Interstate 75

by Whittel & Melton, LLC

MARION COUNTY, FL – An accident in Marion County on Monday afternoon left a motorcyclist dead, according to the Florida Highway Patrol.

A report by the Ocala News said the accident happened as the motorcyclist was driving along Interstate 75 shortly before 5 p.m. State troopers said the man was going at a high rate of speed near mile marker 372 when he collided with the back of a sedan and lost control of the bike.

The motorcyclist, a 36-year-old Reddick man, was pronounced dead at the scene. The driver of the sedan, a 20-year-old man from Fort Myers, was not injured.

June 1, 2023

What is Worker’s Comp Immunity? | Florida Construction Injury Lawyers Whittel & Melton

by Whittel & Melton, LLC

Accidents at work can cause severe injuries or even death. All employers in Florida with four or more employees are required by law to carry workers’ compensation insurance. No matter how many employees are currently working, construction companies in Florida are obligated to offer this insurance to every employee. This insurance is intended to offer monetary compensation for injuries sustained by employees while performing their duties. In the terrible event that an employee passes away at work, the compensation may cover funeral and burial expenses in addition to medical bills, lost earnings, and other recovery-related expenses to those who have been injured.

Employers who follow state law and purchase either private or state workers’ compensation insurance, or self-insure, are well-protected against any injured employees or families of those who are killed from suing them.

There are exceptions to this immunity. Sometimes, workers’ compensation insurers will refuse compensation claims, arguing that an injury did not occur while the employer was at work, to avoid making payments. In those circumstances, the employee would be permitted to file a typical personal injury claim stemming from negligence.

Then there is the question of what happens when there are various vendors on a construction site (foreman, contractors, sub-contractors, etc.) who may work for the same employer or a different employer. This can present different forms of liability, which can create a diverse situation where liability lies with a third party. This means that the injury victim could have a third-party liability claim in addition to a possible worker’s compensation claim.

If the injured party is not an employee of the same employer as the person(s) who are responsible for the injury, an employee may file a lawsuit against any third party. This may seem like a complicated process, but our team of Construction Liability Lawyers at Whittel & Melton can offer valuable insight and legal guidance for your personal injury claim.

After You Have Been Injured on a Florida Construction Site Call Us – 866-608-5529 Continue reading

June 1, 2023

Pasco County woman fatally struck by trailer at Ginnie Springs

by Whittel & Melton, LLC

HIGH SPRINGS, FL – State troopers said a woman was killed in an accident at Ginnie Springs on Friday night, according to the Gainesville Sun.

The Florida Highway Patrol said that the victim was a 45-year-old resident of Holiday in Pasco County. An investigation indicated that she was standing in the bed of a moving Jeep at about 6:30 p.m. when she lost her balance and fell out of the back of the vehicle. At that point, the victim was run over by the trailer hitched to the back of the vehicle.

The woman was pronounced dead after being taken to UF Health in Gainesville. The driver of the Jeep was a 53-year-old Dunedin man.

May 31, 2023

News: Motorcycle accident in Dunnellon leaves 1 dead, 1 injured

by Whittel & Melton, LLC

DUNNELLON, FL – The Florida Highway Patrol said a motorcycle accident in Marion County Sunday night left one person dead and another injured.

A report by WKMG states that the crash occurred on County Road 484 near San Miguel Boulevard in Dunnellon.

An investigation by the FHP indicated that a motorcyclist braked hard while headed east on County Road 484 at about 9:20 p.m, causing the bike to skid and overturn. The man operating the motorcycle and a female passenger were both ejected. The man, age 61, was pronounced dead at the scene. The 54-year-old passenger was critically injured and transported to HCA Florida Ocala Hospital. Both were Illinois residents.

May 31, 2023

Beware Defective Elevators | Florida Injury Attorneys Whittel & Melton

by Whittel & Melton, LLC

Do we handle injury cases involving elevators? You Bet!

While there are not as many injury cases resulting from elevator incidents as cars, motorcycles, or trucks, there are still plenty of injuries that arise every year from these types of accidents. In fact, about 17,000 people every year suffer injuries from elevator accidents and about 30 people die. Half of these injuries are from elevator constructors or elevator mechanics who are working on elevators, but the rest are from normal, everyday people using these machines.

@jasonmeltonesquire

♬ original sound – Jason Melton FL Injury Lawyer

Florida Elevator Premises Liability Claims

Elevator accidents can happen from a variety of mishaps, including—but not limited to—inadequate leveling that prevents the elevator from aligning properly with the floor, door entrapment, abrupt acceleration or deceleration, poor maintenance, broken doors, elevator cables breaking, malfunctioning safety devices, and falls caused by an exposed elevator shaft.

If you have children, remind them about elevator safety and to make sure that the elevator is there before stepping inside. Elevators are quite fun, but can also be very dangerous.

Under the premises liability theory, you may have a claim against the property owner, property management firm, or maintenance firm if you were hurt in an elevator accident. Under premises liability laws, property owners (as well as any parties in charge of upkeep, including property management firms) are legally obligated to take reasonable precautions to keep their property secure and free from any known hazards that could result in injury.

Damages from Elevator Accidents

Elevator accident victims are entitled to compensation for their past, present, and future medical bills, lost wages, pain and suffering, rehabilitation expenditures, and any other damages resulting from the accident. You might be entitled to file a wrongful death claim for wrongful death damages if a loved one died in an elevator accident. These losses frequently include funeral and burial expenditures, pre-death medical expenses, loss of companionship, and more.

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May 30, 2023

1 dead, 2 injured in collision between car and pickup on US 441

by Whittel & Melton, LLC

LEESBURG, FL – A collision in Leesburg last week left one person dead and two others injured, according to police.

A report by the Leesburg News states that the accident happened on U.S. Highway 441 at Perkins Street on Wednesday morning.

Investigators said the driver of a 2007 Chevrolet sedan was headed north on Highway 441 at 11:39 a.m. When he attempted to turn left onto Perkins Street, he collided with a 2011 GMC pickup truck.

May 30, 2023

3 Things NOT to Do After a Motorcycle Accident | Florida Motorcycle Crash Lawyers Whittel & Melton

by Whittel & Melton, LLC

Preliminary data from the Florida Department of Highway Safety and Motor Vehicles shows that already in 2023 Florida has seen 3,863 motorcycle crashes resulting in 219 deaths and 3,341 injuries.

In 2022, Florida saw 9,153 total motorcycle crashes resulting in 590 fatalities and 7,863 injuries.

These staggering statistics tell us that is important to protect yourself in the event of an unfortunate motorcycle accident. Accidents of any kind frequently occur when you least expect them, including motorcycle crashes. You could be driving to work or you might just be running out to get gas or grab a quick dinner for the family. According to the NHTSA, more than 52% of all motor vehicle accidents happen within five miles of where they live, and 69% happen within ten miles. It is best to always drive defensively and anticipate the unexpected.

Your heart will be racing and you might be in shock immediately following an accident. While it is important to know what to do after a motorcycle crash, it is equally important to know what not to do to keep yourself safe.

Below are 3 Things to NOT Do Following a Motorcycle Crash:

Do not worry about calling lawyers, worry about yourself. Our team of attorneys at Whittel & Melton hope you are riding with someone because when your bike goes down after a crash, you are probably very hurt and unable to make important decisions. This is why you need to prioritize your health and safety and get the medical care you need right away.
Do not call insurance companies at the exact moment of your accident. When you are down on the ground injured, this is not the time to call an insurance company. This the time to call police to respond to the event or an ambulance to get you to the hospital.
Do not speak to an insurance company about your accident right away. Whether it is your insurance company or the other driver’s, just know that you do not have to answer any of their questions until you speak to your lawyer.

@jasonmeltonesquire

#motorcycle #bikers #bikerlawyer #motorcyclelawyer @BikersWin @TVBikerDad @Namil.Org

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May 29, 2023

News: Multi-vehicle crash in The Villages sends 2 drivers to hospital

by Whittel & Melton, LLC

THE VILLAGES, FL – Two drivers were sent to the hospital following a collision in The Villages on Wednesday afternoon, the Villages-News reports.

Authorities responded to the scene in the area of County Road 466 and Belvedere Boulevard near The Villages Charter School.

According to Florida Highway Patrol investigators, an 86-year-old man was driving a Chevy Impala northbound shortly before 1 p.m. when he crashed into the back of a Hyundai Sonata. The impact pushed the Hyundai into the intersection, where it collided with a Chevy Tahoe. The Impala also struck the Tahoe.

May 26, 2023

News: Accident in northeast Ocala kills 66-year-old motorcyclist

by Whittel & Melton, LLC

OCALA, FL – The Florida Highway Patrol said a man died after being involved in a motorcycle accident in northeast Ocala last week, Ocala-News.com reports.

The motorcyclist was riding eastbound on State Road 326 on the morning of May 17 when the incident occurred at about 10:55 a.m. According to the FHP, the driver of a pickup truck was going north on NE 25th Avenue and as he approached the stop sign at the intersection he failed to observe the oncoming motorcycle.

The investigation indicated that the pickup truck entered the path of the motorcycle and the bike hit the rear of the pickup. The motorcycle overturned and the rider, a 66-year-old Ocklawaha man, was ejected. The victim was taken to an area hospital, where he was pronounced dead on Sunday.

May 25, 2023

News: Driver of semi-truck charged with DUI after crash on Interstate 75

by Whittel & Melton, LLC

ALACHUA COUNTY, FL – Authorities said a driver was arrested in connection with an accident in Alachua County on Saturday morning, the Gainesville Sun reports.

The incident happened along Interstate 75 southbound near mile marker 403 at 8:40 a.m. The Florida Highway Patrol said the driver of a semi-truck with a trailer carrying frozen food went off the roadway, onto the left median shoulder and through a guardrail.

The truck overturned and the trailer ended up in the northbound lanes of I-75. It was struck there by a box truck.