Hernando County Injury Attorney Blog

A 50-year-old Orlando man was killed early Sunday morning after being struck by a car while standing on a road in Spring Hill.

According to the Florida Highway Patrol, the man was standing on Northcliffe Boulevard when he was hit around 3:28 a.m. by a 2001 Volkswagen Jetta travelling westbound.

The collision that took place near Hayes Street sent the man onto the grass median. FHP said the man died at the scene.

The 25-year-old driver of New Port Richey was not harmed nor was his passenger, 24, of Trinity.

As of now, charges are pending in the case.

All Drivers have a duty to operate their vehicles in a safe manner, and that includes keeping an eye out for pedestrians and their safety. The potential damage of a car accident involving a pedestrian in the street or walking in a crosswalk can be catastrophic, even at low speeds. If you have been hurt in a pedestrian auto accident, or if a loved one was killed after being struck by a car, a Hernando County Auto Accident Attorney at Whittel & Melton can help. We take immense pride in holding negligent or reckless drivers accountable for their actions and helping victims and their families recover the full and fair compensation they need and deserve so they can move on with their lives.

We can assist with pedestrian accident cases involving:

• Wrongful Death

• Hit-and-run Accidents

• Drunk Drivers

• Bicyclists

• Speeding or Distracted Driving

• Crosswalk Collisions

Remember, we can begin assisting you immediately following you or your loved ones accident. You don't have to wait to speak with us until a dispute arises with the insurance company. We understand that your family has a lot to deal with during this difficult time, and we can work proactively to make sure you receive the maximum compensation for any medical bills, lost wages and physical and emotional pain.

Continue reading "Hernando County Auto Accident Attorney :: Orlando Man Killed in Spring Hill Pedestrian Car Accident" »

Most of us, at some point in time, have been involved in a traffic accident. Whether a crash is severe or relatively minor, there are certain steps to take after an accident occurs. However, when a fatal auto accident happens, police are called to the scene to determine what exactly happened. This can be difficult for an officer to determine as the crash site may be chaotic, but a record of what happened needs to be documented, including what caused the crash, who was involved and other details relating to the incident. Officers must review all pieces of evidence and talk to any eye witnesses in order to piece together what happened on the roadway before the crash occurred.

Law enforcement officers generally determine the cause of an accident based off of evidence readily available at the scene and eyewitness accounts. If a witness at the crash site tells an officer that he observed a driver run a stop sign and then cause a crash that will likely be what the officer records as the cause of the collision. Accident reports compiled by police offers are viewed as accurate because officers are held in high regard and are thought to have the experience needed to report an accident accurately.

However, a recent study conducted by the National Safety Council indicates that a large number of accident reports may actually be inaccurate. In fact, the study argues that many fatal auto accidents are caused by drivers who were distracted by a cell phone. So while an accident may happen because a driver failed to observe a stop sign, the study suggests that accidents like these often arise because the driver was busy chatting on their cell phone.

Researchers reviewed 180 fatal crashes from 2009-2011 where there was some reason to believe that a cell phone played a role in the crash, and found the following results:

• Only half of the crashes studied from 2011 were cited as being caused by cell phone use in the National Highway Traffic Safety Administration's database.

• In 2010, only 35 percent of the fatal crashes studied noted that a cell phone was used prior to the crash.

• In 2009, only 8 percent of the fatal crashes were coded as involving cell phones.

Continue reading "Brooksville Fatal Auto Accident Attorney :: Study Concludes that Driving Deaths Caused by Cell Phone Use are Underreported" »

Drivers exhibiting road rage will often take their stress, anxiety and anger out on other drivers without even realizing the extreme danger they pose to other motorists sharing the road. Sadly, road rage can result in serious personal injuries or even death.

Recently, a 39-year-old New Port Richey man was arrested on charges of aggravated battery and aggravated assault after an argument broke out between two drivers traveling north on U.S. 19 Thursday that resulted in contact being made between the two vehicles.

According to the Hernando County Sheriff's Office, the occupants of a 2001 Chevrolet Malibu and a 2012 Dodge van swapped insults and threw plastic water bottles at each other. The van swerved in front of the victim's car making contact. The Malibu was stopped and the driver of the van apparently left his van and began striking the driver's door and window with his fist.

The woman driving the Malibu fled the scene and called 911.

Police claim the van's driver admitted that he armed himself with brass knuckles after being struck in the head by the woman with a water bottle.

He was transported to Hernando County Detention Center and later released on $10,000 bail.

Victims of road rage can suffer injuries that are severe and even life altering. The Hernando County Auto Accident Attorneys at Whittel & Melton understand how these cases work and are experienced in the investigation of complex road rage car accident claims. Immediately following your accident, we can begin collect vital evidence to assist with your claim. Road rage incidents often involve "he said/ she said" arguments, which can make it hard to pinpoint the exact cause of the accident. We will consult with witnesses and medical doctors, review police reports and work with experts to uncover and preserve key pieces of evidence that support your claim.

Continue reading "Hernando County Auto Accident Attorney :: Spring Hill Road Rage Argument Results in Arrest" »

As a parent of a young child, you may have installed a car seat recently and wondered what the long strap that extends from the top of the seat is and what exactly you are supposed to do with it. Sound familiar? You might have just simply tucked it away and forgotten about it. If so, you would not be alone. In fact, according to the U.S. Department of Transportation, 55 percent of parents fail to use this strap properly, if at all. But, just ignoring this trap could place your child at risk of serious injury should you become involved in a Hernando County car accident.

What is this long strap and how does it work? It is called the top tether and it is part of the LATCH system, short for Lower Anchors and Tethers for Children, which is used to properly install car seats in cars manufactured after 2001, as well as for installing car seats using a seat belt. This top tether's job is to hold the car seat against the car's backseat and reduce any forward and side movement should an accident occur. By not using the tether, a car seat can actually move as much as eight inches forward, which can result in severe and debilitating injuries to a young child. The reality is that this top tether should never be ignored, as it could be the difference between life and death in the event of a Hernando County collision.

Installing the top tether anchor is actually quite easy once you have identified the installation site. There should be a hook at the end of the top tether that attaches to a metal loop in your car. Top tether anchors are generally found on second-row seatbacks, in the cargo area roof, behind backseat head restraints and sometimes in the trunk. If you are unable to locate where your car's top tether anchors are, check your owner's manual for help. If you are still having trouble, visit SaferCar.gov to find a car seat technician in your area that can assist you with proper set-up.

If your car seat has been installed correctly, you should not be able to move the seat more than an inch from side to side and front to back. In order to check this, just grasp the seat at the belt path, where the seat belt or Latch strap laces through the car seat, and firmly pull. The top of the car seat should not be able to move more than an inch once it has been tethered correctly.

Continue reading "How to Use the Top Tether Anchor in Car Seats to Reduce the Risk of Child Injury in a Hernando County Auto Accident" »

While most mothers believe they are safe drivers, a recent survey shows that new moms are among the most distracted drivers on the road.

The survey conducted by Safe Kids Worldwide and American Baby Magazine found that the majority of new moms partake in risky driving behaviors that may endanger their children and increase their risk of serious injury in a Spring Hill collision.

Of the 2,396 mothers with children under the age of two surveyed, nearly two-thirds of mothers claimed to have become more cautious and alert drivers. However, most of the new moms said they had engaged in risky driving behaviors while behind the wheel.

In fact, the study found that the majority of new moms are driving drowsy and distracted. With an average of 5 hours and 20 minutes of sleep per night, the mothers surveyed admitted to driving fatigued, not paying attention to the speed limit, talking and texting on their phone and doing other kinds of distracted behavior while towing their baby around town.

• 78 percent of new moms admitted to talking on the phone while driving with their babies

• 58 percent of moms said they drove above the speed limit with their baby in the car

• 26 percent of mothers confessed to texting and checking their email while driving with children in the car

• 67 percent of mothers said they turned around to deal with a crying baby in the back seat while driving

Perhaps the most shocking is that 10 percent of new mothers surveyed had been in an accident with their baby. This accident rate is nearly three times higher than the rate for the general population, and extremely close to the accident rate for new teen drivers.

Distracted driving is a factor in 80 percent of car accidents annually throughout the country. The Hernando County Auto Accident Attorneys at Whittel & Melton recommend the following tips to help new moms avoid dangerous driving behaviors:

• Give the road your full attention, and stop multi-tasking. Driving is a high-risk job, so when you are behind the wheel, focus all of your attention on getting from Point A to Point B safely.

• Cell phones, tablets and iPods create distractions. If you cannot keep yourself from checking your phone or other electronic devices while you are in the car, then shut them off and stow them in the back seat.

• New moms do not always get enough sleep, so if you are overly exhausted try and refrain from driving. Drowsy driving is just as dangerous as drunk driving, so keep that in mind when you are having an especially tiring day.

• Always focus on the road. Even if your child is demanding attention, do not turn around. Find a safe place to pull over, and then attend to your baby's needs.

• No matter where you are driving to, always buckle up. With that said, make sure your child is in an appropriate car seat and is restrained properly.

Continue reading "Spring Hill Auto Accident Attorney :: New Moms Considered a Risk on the Roadways" »

A 67-year-old Hernando County motorcyclist was killed in a freak accident last week while riding a trike in Lake County.

On March 2, the man was headed west on State Road 44 when a plastic banner advertisement detached from its post and landed on the windshield of his three-wheel motorcycle.

According to Florida Highway Patrol, the man lost control of the bike and slammed into a wall.

The Spring Hill man was rushed to Florida Hospital DeLand, where he died.

Troopers said the man was wearing a helmet.

The crash is still currently under investigation.

Freak accidents embody any type of accident that is out of the ordinary or completely unexpected. While these types of accidents come as a total surprise to victims, they usually also cause catastrophic or even fatal injuries. These one-of-a-kind accidents can be quite complex when it comes to determining fault, and while some accidents don't warrant legal liability, a Hernando County Injury Lawyer at Whittel & Melton can assess your case and work to identify if there are any responsible parties.

Continue reading "Hernando County Injury Attorney :: Spring Hill Man Killed in Freak Motorcycle Accident" »

The National Highway Traffic Safety Administration has launched an investigation into possible problems with stalling or surging engines in nearly 725,000 Ford cars and SUVs.

The vehicles being investigated include the Ford Escape SUV as well as the Ford Fusion. In addition, the Milan and Mariner, formerly manufactured by Mercury, have been experiencing similar issues. However, it is important to note that Ford got rid of the Mercury brand in 2010.

The issue could be credited to faulty printed circuit boards. These circuit boards control the engine's throttles and some of the reported issues involve the throttle becoming stuck, either closed or open.

Three collisions thus far have been attributed to the stalling and surging problem. While only one person was injured, there have been nearly 1,500 complaints made to the NHTSA.

Whether the investigation will lead to a recall of these autos in the future remains to be seen. The main goal is to prevent accidents from occurring, so hopefully the failed auto component can be fixed.

While sometimes car accidents can be caused by negligent drivers, there are times when accidents occur due to no fault of either driver. Sometimes these unfortunate collisions are caused by defective or faulty auto products. In this particular case, if the faulty circuit boards are confirmed to have caused these accidents, it is entirely possible that Ford or its supplier could be held responsible for damages to victims.

Continue reading "Hernando County Injury Lawyer :: NHTSA Investigating Certain Ford Autos for Engine Issues" »

When you are involved in a Spring Hill car wreck and suffer any type of injury as the result of another driver's negligence, there are ways to protect yourself and your injury claim. The following guidelines can help boost your chances of being fully compensated for your damages. Remember, it is always best to act swiftly so that critical evidence is not lost or destroyed.

DOs:

• DO capture photos of the crash site and keep copies of all medical bills and documents that pertain to the accident. The more evidence you have, the stronger your case, so be sure to carefully document the scene of the crash, the car that caused the accident, property damage to your car and your injuries.

• DO report the accident to your insurance provider as soon as possible. Your insurance adjuster will ask you a series of questions, so be careful of what you say and how you say it because their job is to reduce your claim as much as possible.

• DO get the names and contact information of any witnesses to the accident. Police and emergency responders do not always document this, so make sure you keep this information handy as it could prove useful.

• DO call a Spring Hill Auto Accident Lawyer at Whittel & Melton right away. We are available anytime, day or night, and can immediately send out our team of investigators to gather vital evidence pertaining to your individual case.

DON'Ts:

• DON'T discuss the details of your injury claim with anyone other than your Spring Hill Injury Lawyer.

• DON'T openly admit fault to the other party or anyone at the scene. People involved in auto accidents, regardless of actual fault, often make the mistake of apologizing at the crash site, which could be used against them later when establishing blame. It is always best to observe everything and say as little as possible.

• DON'T sign any papers or agree to anything without checking with your lawyer. Consulting with your attorney can help you recover the full and fair settlement you deserve.

Continue reading "Hernando County Auto Accident Attorney :: Dos and Don'ts for Protecting Your Spring Hill Injury Claim" »

As parents, we spend most of our time trying to protect our children from any dangers. In fact, we go to extreme lengths to make sure their safety is never compromised. So when it comes to our kids riding in cars, we always want to ensure that they are safe.

Families often spend many hours a week riding in a vehicle. Whether you are toting your child to and from school, to play dates, ballet classes or baseball practice, there are ample opportunities for a child to become injured in a Brooksville car wreck. However, studies show that many of the primary causes for injury and death to children in motor vehicle collisions are 100 percent preventable.

Some of the leading causes for injury and death for children riding as passengers in cars are:

• Unrestrained Youngsters. While this may come as a shock to you, there are children who ride in cars while unrestrained. Statistics show that nearly 40 percent of children riding with a driver who does not wear a seatbelt, will ride without their seat belt as well. So, stress the importance of travelling safely to your kids and lead by example. Always buckle up no matter how close you are to your destination. Remember, accidents can happen anywhere in a matter of seconds, so it is always strap yourself in.

• Incorrectly Restrained Children. It is not uncommon for child safety restraint systems to be used incorrectly. In fact, studies have shown that more than 70 percent of car and booster seats were improperly used in a way that could actually increase the risk of child injuries in a car accident. So, be smart and make sure you are using your child's safety restraints in a correct manner. Go over how to use car and booster seats with your babysitters, nannies and relatives who may be unaware of how these function so that you can rest assure that your children are safe even when they are not in your care.

• Drunk Drivers. Drunk drivers pose a threat to everyone on the road, but they can be especially dangerous for children. A high number of children suffer fatal injuries every year while riding with an intoxicated driver. This is just another example of why it is never a good idea to drink and drive.

Continue reading "Hernando County Car Accident Lawyer :: Dangers for Children Involved in a Brooksville Car Accident" »

Florida and 29 other states are slated to receive $29 million in a settlement concerning Toyota vehicles that reportedly accelerated without warning.

Lawsuits were filed in 2010 after Toyota recalled 14 million vehicles across the U.S. for accelerating unpredictably. The automaker claimed the problem stemmed from sticky gas pedals, defective floor mats and driver error.

In the settlement, Toyota agreed to:

• Pay states $29 million

• Set aside $5 million for customers who were forced to find alternative
transportation during the recalls

• Create a recall database with vehicle identification numbers

• Notify used vehicle buyers of the defects and no longer list these vehicles as Toyota Certified Used Vehicles

While the overall settlement amount is $29 million, this total will be distributed among the 29 states who were involved in this particular lawsuit through their attorney general. In order to recover funds for replacement transportation, Toyota owners must prove that they owned a vehicle during the specific time periods and that they had to pay money in order for their transportation needs to be met during the recall.

States participating in the settlement in addition to Florida include, Alabama, Arizona, Arkansas, Colorado, Connecticut, Illinois, Iowa, Kansas, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Washington and Wisconsin.

The intense legal headache that Toyota is going through right now will hopefully encourage other auto makers to be extra cautious in the future when developing comparable products.

Continue reading "Hernando County Injury Lawyer :: Toyota to Pay $29M to 29 States Over Recall" »

A slip and fall accident takes place when someone slips, trips or falls because of a dangerous or unsafe condition located on a property. Slip and fall accidents can result in serious personal injuries and even wrongful death. Sadly, these types of accidents can be particularly perilous for the elderly and children.

So, just how common are these accidents? A look at some of the statistics surrounding slip and falls may surprise you.

• Slips, trips and falls are the leading cause of death while on the job, and the number one cause of accident injuries in restaurants, hotels and public buildings.

• The Centers for Disease Control and Prevention has reported that more than 8 million people in the United States are involved in slip and fall accidents every year.

• The number of slip and fall accidents that occur every year in the U.S. and require hospitalization is estimated at 540,000.

• Approximately 55 people across the country die every day due to injuries suffered in a slip and fall accident.

• According to the Occupational Safety & Health Administration, slips, trips and falls cause 15 percent of all accidental deaths and 57 percent of all injuries in the workplace.

Slip and fall accidents, like most accidents, can be caused by any number of factors, including the following:

• Slippery or Uneven Floors

• Inadequate Lighting

• Failure to Warn Guests and Visitors of Dangers on Property

• Broken Stairwells

• Missing Handrails

• Debris in Walkways

Children and senior citizens are at the highest risk of injury in slip and fall or trip and fall accidents. In fact, according to the National Safety Council, more than 30,000 people over the age of 65 sustain serious and debilitating injuries in a fall accident every week and another 250 die as a result of these injuries. Slip and fall accidents are also a leading cause of child injuries, including traumatic brain injuries.

If a slip, trip and fall accident takes place on someone else's property, then the owner may be held liable for damages. Premises liability accidents can happen just about anywhere. Whether you slipped and fell at a grocery store or restaurant or tripped and fell at a movie theatre or department store, you have the right to seek adequate financial compensation for your injuries from the at-fault party.

Continue reading "Brooksville Premises Liability Lawyer :: Shocking National Slip and Fall Causes and Statistics" »

Spring Hill, FL - An 88-year-old Weeki Wachee man was killed Friday morning from injuries sustained in a traffic accident involving a garbage truck.

The man was driving a Chevrolet Trailblazer into a parking lot around 7:30 a.m. Thursday when a garbage truck driven by a 62-year-old Spring Hill man backed up into him. The Trailblazer swerved onto the shoulder and crashed into a tree.

The 88-year-old was taken to Regional Medical Center Bayonet Point, where he died Friday morning.

The garbage truck driver was not harmed. Troopers claim the man did receive a citation.

Florida Highway Patrol troopers said that the investigation remains under way.

When you think of a motor vehicle accident, a collision with a garbage truck is probably not the first image that pops into your head. However, these types of accidents occur more often than you would think in Hernando County. While garbage trucks spend most of their time in residential neighborhoods, they pose a significant threat to pedestrians, bicyclists and other motorists because of their size and difficulty maneuvering. Though these trucks may move slowly, they are responsible for numerous personal injuries and deaths every year.

Many factors can cause a garbage truck accident, including the following:

• Blind Spots

• Limited Driver Visibility

• Improper Truck Design

• Fatigued, Overworked Drivers

• Negligent or Distracted Drivers

• Driver Failing to Look Before Backing Up

• Oversized Truck Loads

• Malfunctioning Back-up Alarms

• Oversized Loads

• Inadequate Truck Maintenance

• Falling objects

The injuries suffered in a garbage truck accident can be quite severe. The weight of the vehicle and the load carried can all dictate the severity of the injuries, but many of these accidents result in traumatic brain injuries, broken bones and fractures, neck injuries, back injuries and even wrongful death.

Continue reading "Hernando County Truck Accident Attorney :: Weeki Wachee Man Killed in Collision with Garbage Truck" »

Brooksville, FL - A 75-year-old Brooksville man was killed Saturday night after he lost control of his vehicle and landed in a steep ditch.

According to the Florida Highway Patrol, the man was driving a Hyundai Sonata around 8:30 p.m. when he suddenly veered off the road for an unknown reason, drove onto an access road, ran over a curb and landed in a ditch.

The man suffered serious injuries from the accident and was taken to Oak Hill Hospital, where he died a short time later.

Brooksville car accidents can be caused by many different factors. However, the most common involves a driver's behavior. Operating a vehicle while distracted, drunk or tired can lead to dangerous motor vehicle accidents. Even speeding and driving recklessly can lead to a deadly collision. It only takes mere seconds for a driver to lose control of their car and cause a tragic accident.

When someone you love has been harmed in an auto accident, you may find yourself confused and at a loss for what to do next. Even if a collision was partially your loved one's fault, you may still be able to recover financial compensation for your loss. The cause of the accident can help determine who is at fault. While the driver may be partially to blame, the manufacturer of a defective vehicle or part that malfunctioned could also be liable, or further investigation could reveal that a third party caused a driver to lose control of their car. A Brooksville Car Accident Attorney at Whittel & Melton can review the facts of your loved one's accident and help you figure out who is at fault and if any damages can be pursued from other parties.

Continue reading "Hernando County Auto Accident Lawyer :: Brooksville Man Killed in Car Accident " »

A 47-year-old Spring Hill motorcyclist was airlifted Friday afternoon after colliding into a tractor-trailer in Groveland around 4 p.m.

Police believe the man was traveling north on State Road 19 when he smashed into the truck attempting to turn left.

The motorcyclist apparently crashed into one of the truck's front tires at about 20 miles per hour. He was not wearing a helmet and possibly received a head injury. He was awake at the scene and talking, but was transported to Orlando Regional Medical Center for medical attention.

The accident is under investigation, but police believe the driver of the tractor-trailer was at fault for failing to yield to the motorcycle.

Tractor-trailers pose serious threats to the cars, SUVs, vans and motorcycles that share the road with them. Weighing possibly more than 80,000 pounds and up to 75 feet in length, these giant vehicles are involved in one out of every nine traffic collisions. Sadly, 94 percent of these accidents result in severe injuries or even death to the occupants of the other vehicle involved.

There are many reasons a truck accident can occur, including the following scenarios:

• The truck was improperly maintained.

• The driver was untrained, asleep at the wheel or operating under the influence
of drugs or alcohol.

• The truck was exceeding the speed limit.

Brain injuries, neck and back injuries, spinal cord trauma and loss of limbs are only a few of the serious injuries that can arise after an accident with a semi-truck, 18-wheeler or tractor trailer. It is important to understand that insurance companies will begin an investigation of the collision almost immediately after the accident occurs. They perform a prompt investigation conducted by experts and investigators in order to try and limit their liability. By contacting a Hernando County Truck Accident Attorney at Whittel & Melton as soon as possible after an accident, we can give you the same advantage as the insurance company and use experts and accident reconstructionists to determine what actually happened and who was at fault for your accident injuries.

Continue reading "Hernando County Truck Accident Lawyer :: Spring Hill Motorcyclist Airlifted Following Tractor-Trailer Crash" »

Slip and fall accidents can happen anywhere - parking lots, grocery stores, shopping malls, restaurants and numerous other places. When these accidents occur, victims can be left to deal with serious injuries that keep them in the hospital, off their feet and out of work. With medical bills piling high and no income, you could be feeling frustrated and at a loss for what to do.

Injuries are very common after a Spring Hill slip and fall or trip and fall accident. Victims of these accidents may suffer from all kinds of injuries, ranging from head injuries to broken bones and fractures. One of the most common injuries following a slip and fall accident are neck injuries, which can include everything from whiplash to a crushed vertebrae. When a neck injury, or any other injury for that matter, is caused by the negligence or carelessness of a business, the business owner can be held responsible for any damages incurred.

In some cases, symptoms of a neck injury do not present themselves immediately after an accident. In fact, the extent of these injuries may take several days to show up. That is why it is important to familiarize yourself with the symptoms associated with a neck injury. These can include:

• Stiffness

• Dizziness

• Bruising

• Neck muscle spasms

• Trouble Sleeping

• Shooting pain

• Weakness, numbness or tingling in the arm

At the first signs of any of the above symptoms, you must seek medical treatment immediately. Failing to do so could seriously worsen your injury and possibly lead to permanent damage. The best thing to do after a slip and fall or trip and fall accident is to get checked out by a medical doctor, even if you feel fine. Your health and safety should be your number one priority.

Continue reading "Hernando County Premises Liability Lawyer :: Neck Injuries Following a Spring Hill Slip and Fall Accident" »