Florida Personal Injury Lawyers Blog

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.

October 5, 2022

Pittsburg Steelers Fan Dies from Injuries Sustained in Escalator Fall | Florida Stadium Injuries Lawyers Whittel & Melton

by Whittel & Melton, LLC

A 27-year-old man attending the Steelers game on Sunday died after falling 40 feet from an escalator around 4:30 p.m. after the game ended and crowds of fans were exiting Acrisure Stadium.

According to reports from the Pittsburgh Department of Public Safety, EMS responded to a “fall from height” call around 4:45 p.m. at Acrisure Stadium, minutes after the Steelers lost to the Jets.

They tended to the man at the scene, and transported him to a local hospital where he died from his injuries.

The Steelers released a statement Sunday evening stating that they were aware of the situation and would assist police in any way to further investigate the matter.

Escalators are easily accessible in airports, large buildings, shopping malls, and stadiums and other large venues. While these devices are certainly convenient for the masses, they are also heavy machines that have many moving parts, so things can go awry very quickly.

While we do not often hear about escalator incidents in the news and other media outlets, when these accidents do happen, they are usually unexpected and leave victims suffering from serious injuries if they are lucky enough to survive. After such a tragedy, victims and their families may be wondering who is liable. Is the stadium owner or manager responsible for legal damages?

If you or someone you love has been injured or killed because of a dangerous condition or defect at a sports venue in Florida, then our Florida Stadium Injuries Lawyers at Whittel & Melton can help protect your rights. Under premises liability laws, you may be entitled to financial compensation for personal injury or wrongful death damages after a slip and fall or trip and fall at a stadium if the venue’s owner or manager failed to live up to their obligations and keep their premises safe to all spectators and visitors.

What Causes an Escalator Accident?

Escalators are comprised of many moving parts, so when they are poorly designed or maintained, things can go wrong in an instant. The most common escalator accidents happen due to:

Fingers getting trapped
Escalators changing direction – leading to a pileup
Limbs getting trapped between steps
Missing comb plates
Missing foot brushes
Overcrowding
Gaps in plates or steps
Flaws in the escalator design
Clothing and limbs getting stuck in machinery
Poor lighting
Loose or missing screws
Emergency shut-off buttons that fail
Defective handrails

Slip and Fall or Trip and Fall Incidents at Stadiums

In order to be successful in a Florida stadium injury or wrongful death lawsuit, it must be shown that the property owner or manager was negligent. Whether filing a claim against Tropicana Field, Silver Spurs Arena, Raymond James Stadium, Pensacola Bay Center, Marlins Park Lockhart Stadium, Lakeland Center, Jacksonville Veterans Memorial Arena, Hard Rock Stadium, Germain Arena, Florida State Fairgrounds Complex and Expo Hall, FIU Stadium, First Data Field, FAU Stadium, EverBank Field, ESPN Wide World of Sports Complex, Donald L. Tucker Civic Center, Doak S. Campbell Stadium, CFE Federal Credit Union Arena, Camping World Stadium, Bright House Networks Stadium, Bragg Memorial Stadium, Ben Hill Griffin Stadium, BB&T Center, Amway Center, AmericanAirlines Arena, or Amalie Arena, plaintiffs must be able to prove the following elements:

The stadium or sports venue owed you a duty of care
The owner or manager of the venue knew about a hazard, or should have known about the hazard, and failed to remedy the situation or failed to warn all visitors of the danger
The negligence of the owner or manager contributed to your injuries (or the death of a loved one) in some way
Economic damages were suffered as a result of the accident, such as medical bills, lost wages, funeral expensed, and other financial losses

October 4, 2022

News: Passenger dies in Lake County collision after driver runs red light

by Whittel & Melton, LLC

LAKE COUNTY, FL – One person was killed and another seriously injured in a collision in Okahumpka, Lake County on Sunday morning, the Leesburg-News reported.

The Florida Highway Patrol said a man driving a Mitsubishi Outlander went through a red light on County Road 470 near County Road 33 at about 8:44 a.m. The Mitsubishi crashed into the side of a semi-truck driven by a 43-year-old Brandon man who had the green light.

A 25-year-old passenger in the Mitsubishi was pronounced dead at the scene, while the 33-year-old driver of the Mitsubishi, a Bradenton man, was seriously injured and flown to Orlando Regional Medical Center. Crews at the scene cleaned up a spill of diesel fuel resulting from the crash.

October 3, 2022

News: High-speed car accident in Marion County leaves teen driver dead

by Whittel & Melton, LLC

MARION COUNTY, FL – The Florida Highway Patrol said a high-speed car crash killed a teenage driver in Marion County.

According to a report by WKMG, a 17-year-old was driving a car at a high rate of speed on SE 58th Avenue Sept. 25 when the accident occurred at about 5:45 p.m.

State troopers said the driver lost control of the car after the left tire sustained a failure. The car went off the road, and when the driver overcorrected, the vehicle went back across the roadway and onto a grass shoulder before crashing into a wooden fence.