Florida Personal Injury Lawyers Blog

October 13, 2022

News: Woman, 76, fatally struck by vehicle at shopping plaza in The Villages

by Whittel & Melton, LLC

THE VILLAGES, FL – A pedestrian accident at a shopping plaza in The Villages last week claimed the life of a 76-year-old woman, the Villages-News reported.

The incident occurred in the parking lot of a gas station at Lake Deaton Plaza on Thursday just before noon. The Florida Highway Patrol said in its accident report that the victim was walking in the parking lot when she was hit by a pickup truck. The woman, a resident of Wildwood, was pronounced dead of her injuries after being taken to an area hospital.

The driver of the pickup, a 58-year-old man from Orlando, told the FHP that he did not see the woman before hitting her with the vehicle.

October 12, 2022

News: Bicyclist dies after being hit by 2 vehicles on State Road 471

by Whittel & Melton, LLC

SUMTER COUNTY, FL – A bicyclist died after being struck by two vehicles in Sumter County Sunday night, the Florida Highway Patrol said.

The accident happened on State Road 471 near Tarrytown, according to the Leesburg-News. The FHP said the bicyclist, a male, was riding south at about 9 p.m. when he was hit by a southbound Chevy Trailblazer. The victim was knocked off the bicycle and struck again, by a Chevy Malibu. The bicycle rider suffered fatal injuries.

The driver of the Trailblazer, an 84-year-old Zephyrhills man, told investigators he did not see the bicyclist prior to the collision. The Malibu was driven by a 49-year-old woman from Leesburg.

October 12, 2022

NTSB Pushing for BAC Monitoring Devices to be Installed in All New U.S. Cars to Curb Drunk Driving | Florida DUI Accident Injury Lawyers Whittel & Melton

by Whittel & Melton, LLC

The National Transportation Safety Board has issued a recommendation for all new cars in the U.S. to have blood alcohol detection systems that can stop a drunk person who gets behind the wheel from driving.

If the National Highway Traffic Safety Administration (NHTSA) chooses to see this through, then the U.S. could see a reduced number of alcohol-related car crashes, which is one of the leading causes of deaths in the country.

The NHTSA said that highway deaths in the U.S. are at crisis level, as nearly 43,000 people were killed last year, resulting in the largest death toll in 16 years.

Early numbers from the first half of 2022 show another rise in fatalities, but from April to June the numbers fell, a trend that authorities hope continues.

If these new blood alcohol detection systems are implemented, then we could see them in new vehicles in as early as three years from now.

While the NTSB has been pushing the NHTSA to implement this new technology and develop a standard so that more lives can be saved, the agency, along with 16 automakers have been co-funding research on the topic since 2008.

The team, named “Driver Alcohol Detection System for Safety,” has hired a Swedish company to make further strides in testing a driver’s breath using a sensor (not breathing into a tube) and preventing the car from moving if the driver is found to be impaired.

Another company is working on light technology that would test for a driver’s blood alcohol through their finger.

Estimates show that breath technology advancements could be ready by the end of 2024, and touch technology is slated for 2025/2026. Once the technology is ready, the it will likely take automakers 1-2 years to start adding it into new models.

Even when the technology is ready, it will take years for the estimated 280 million vehicles on U.S. roads to be equipped with these devices.

2020 has the most recent figures available for traffic deaths, and according to the NHTSA, 11,654 people died in DUI-related crashes that year. These numbers roughly reflect a 30% increase in all U.S. traffic deaths, and a 14% increase compared to numbers from 2019.

You can follow all the rules of the road when it comes to driving and do everything in your power to protect yourself and your passengers, but an irresponsible drunk driver can change your life in a matter of seconds. Whether you were on your way to pick up your kids, coming home from dinner, or just out running errands, a drunk driver’s actions can leave you with mounting medical bills, missed time from work, and even the grief and anguish of having a loved one taken from you unexpectedly.

Why Do I Need a Drunk Driving Accident Lawyer? Continue reading

October 11, 2022

News: Man killed when pickup truck crashes into garage in Wesley Chapel

by Whittel & Melton, LLC

WESLEY CHAPEL, FL – The Florida Highway Patrol said a driver was killed when his pickup truck was involved in a crash in Pasco County.

According to the Tampa Bay Times, the victim was a 62-year-old man from Tampa who was driving a Ford F-150. State troopers said he was headed north on Tupelo Lane in Wesley Chapel shortly after 4 a.m. Sunday morning when he was unable to negotiate a right turn at the intersection with Thistle Court.

The Ford went off the roadway and slammed into the garage of a local home. The driver, whose name was not released, was pronounced dead at the scene. He was wearing a seat belt at the time, the FHP said.

October 10, 2022

News: Motorcyclist dies in Leesburg crash, driver who stopped to help injured

by Whittel & Melton, LLC

LEESBURG, FL – State troopers said a motorcyclist died after a collision in Leesburg, and a woman who stopped to help was injured in a separate crash.

The Leesburg-News reports the initial incident took place on County Road 473 near California Street shortly before 10:30 Oct. 1. According to the Florida Highway Patrol, the driver of a pickup truck was turning left into a gas station when he entered the path of a Harley-Davidson Street Glide motorcycle, resulting in a collision. The motorcycle rider, a 57-year-old Leesburg man, was ejected from his bike and pronounced dead at the scene.

A woman driving by the scene got out of her car to try and assist the motorcyclist, the FHP said. At that point another woman driving a Buick Century north on County Road 473 struck the motorcycle, which was pushed into both the motorcyclist and the woman attempting to help.

October 10, 2022

Hurricane Ian Expected to Change Florida Insurance Market Landscape | Florida Hurricane Storm Damage Insurance Claims Lawyers Whittel & Melton

by Whittel & Melton, LLC

The Wall Street Journal has predicted that the aftermath of Hurricane Ian will prompt a legal battle between Florida home insurers and struggling, underinsured homeowners.

It is anticipated that homeowners will turn to the court system to try and secure payments for wind and flood damage that homeowner’s insurance carriers will say they are not legally obligated to pay out. The key issue is whether home insurers are wrongly avoiding wind damage claims by blaming flooding (flood damage has been excluded from standard homeowner’s policies for decades) for these damages. Fewer than one-third to a little over 40% of homeowners in the cities of Sanibel, Cape Coral, Naples, and Fort Myers, in addition to other areas along the southwestern coast that were hit the hardest by Hurricane Ian, are covered by flood insurance policies.

Now, industry experts are predicting that insurance will become less available in regions like Florida as insurers are projected to go bankrupt, forcing homeowners into delinquency.

Recovery from Hurricane Ian is predicted to be difficult and delayed. Why? High interest rates, inflation, labor and material costs, and pending litigation all play a role in complicating Hurricane Ian storm damage claims.

Experts anticipate storm damage claims from Hurricane Ian taking more than a year to close out.

According to U.S. property data and analytics company CoreLogic, insured losses for Florida from Hurricane Ian are somewhere between $28 billion and $47, potentially making this the costliest storm for the Sunshine State since Hurricane Andrew in 1992.

What Should You Do if Your Hurricane Ian Insurance Claim is Denied?

If your Hurricane Ian insurance claim is denied, then you need to take appropriate action and challenge the denial. As the policy holder, you have the right to file an internal appeal, which means you can request another insurance adjuster to review the initial decision with fresh eyes. If this is not successful, then taking legal action to request fair payment for the original damage and additional funds for expenses that have accumulated due to delays is your best recourse. The court can review all the facts of your claim and determine if the insurance company is in breach of their policy by refusing your claim.

If the court finds in your favor, then your insurance provider will have to pay you a disclosed amount and possibly other damages if they acted in bad faith. Our Florida Hurricane Ian Insurance Claims Lawyers at Whittel & Melton can help you gather all necessary evidence in order to present valid proof of the full value of the claim and what money you are entitled to.

Our Insurance Disputes Team at Whittel & Melton Are Here to Help After Hurricane Ian Continue reading

October 7, 2022

News: Woman fatally struck by vehicle while crossing U.S. 19 in wheelchair

by Whittel & Melton, LLC

TARPON SPRINGS, FL – A woman in a wheelchair was fatally struck by a vehicle in Pinellas County Wednesday afternoon, police said.

According to WFLA, the accident happened in the 40300 block of U.S. 19 in Tarpon Springs, where police responded to the scene at about 12:30 p.m.

Investigators determined that the victim was crossing U.S. 19 from east to west in her motorized wheelchair when she was hit by a northbound Jeep. Bystanders attempted life-saving measures, but the woman was pronounced dead after being taken to Advent Health of North Pinellas.

October 7, 2022

Top 3 Most Common Distractions for Truck Drivers | Florida Truck Accident Injury Lawyers Whittel & Melton

by Whittel & Melton, LLC

Distracted driving is defined as any behavior that can cause a driver to lose their focus on the task of operating their vehicle safely. When this happens, other drivers, passengers, and innocent bystanders are all placed in very real danger. While truck drivers are paid a living to drive, they are not immune to the effects that distractions can have on driving capabilities.

A distracted truck driver is a recipe for disaster as the size and weight of a semi or box truck can create major damage if an accident occurs.

Watch our Distracted Truck Driver Accident Video to Learn More About How We Can Help

Below we have outlined the top 3 distracting tasks common for truck drivers:

Texting while driving. This is dangerous in any vehicle, but in a tractor-trailer that weighs 10,000 + pounds, an accident that results can be catastrophic. The Federal Motor Carrier Safety Administration found that all drivers who send and receive text messages while behind the wheel take their eyes off the road for an average of 4.6 seconds out of every 6 seconds. When traveling at 55 mph, this translates to a motorist driving more than 100 yards without looking at the road. Fortunately, federal law bans truck drivers from texting while driving a commercial vehicle weighing more than 10,000 pounds. A truck driver found to be in violation of the U.S. Department of Transportation’s DOT 14-10 can result in their disqualification as well as civil and/or criminal penalties of up to $2,750 for individual drivers and up to $11,000 for trucking companies that require or permit their drivers to text and drive. Keep in mind, while texting and driving is prohibited amongst truck drivers, this does not mean driver will not engage in this dangerous activity.

Eating while driving. Truck drivers have a lot of deadlines placed on them – their job is to get their loads to their drop off points swiftly. They are on tight schedules that can prevent them from taking very necessary and important breaks, so they may feel forced to eat a meal while they are also driving. As we all know, driving requires 100% of our focus, and you cannot divide your attention between two different things.
Setting up and adjusting podcasts, playlists, and other entertainment methods. Truck drivers communicate with each other through radios, but using this equipment while driving can place focus elsewhere, leading to a crash. Moreover, truck drivers are on the road for lengthy periods of time, so it not uncommon for them to become distracted by adjusting radio dials, audio books, podcasts, and other entertainment methods or even navigation systems.

If you have been injured in a truck accident that was caused by a truck driver who was partaking in risky activities, like texting or talking on a cell phone, eating or drinking, or adjusting their radio or playlists, then you need to call our Florida Truck Accident Injury Lawyers at Whittel & Melton for a free initial consultation – 866-608-5529. We have decades of experience handling truck accident cases and will provide you with the aggressive legal representation you need to recover the full and fair compensation you are entitled to. Continue reading

October 6, 2022

News: Driver killed when vehicle hydroplanes, collides with pickup on County Road 48

by Whittel & Melton, LLC

LAKE COUNTY, FL – A driver died after his car collided with a pickup truck in Lake County last week, the Florida Highway Patrol said.

The Leesburg-News reports the accident took place Sept. 28 on County Road 48 near Ranch Road shortly before 12:30 p.m. The FHP said a man was driving a Toyota CH-R when the vehicle began to hydroplane. The driver lost control and the vehicle entered the path of a 2020 Ford F-150 pickup truck, leading to the collision.

The driver of the Toyota, a 38-year-old Howey-in-the-Hills man, was pronounced dead at the scene. The driver of the Ford, a 35-year-old Howey-in-the-Hills man, was taken to South Lake Hospital with undisclosed injuries.

October 5, 2022

News: Crash on West Silver Springs Boulevard in Ocala sends 7 to hospital

by Whittel & Melton, LLC

OCALA, FL – A two-vehicle collision in Ocala Friday evening sent seven people to the hospital, the Ocala News reports.

Ocala Police, Ocala Fire Rescue, and Marion County Fire Rescue all responded to the scene in the area of W Silver Springs Boulevard and NW 30th Avenue just before 6:15 p.m.

Crews arrived to find that a pickup truck had collided with a compact sport utility vehicle. Rescue crews extricated a passenger from the SUV with the use of cutters and spreaders. That person was taken to an area hospital as a trauma alert. The driver of the SUV and five people in the pickup truck – two adults and three children – were also taken to a hospital to be evaluated.