Wrongful Death

September 12, 2019

40 Children Have Died in Hot Cars This Year : Tips to Protect Your Little Ones from Heatstroke

by Whittel & Melton, LLC

The National Highway Traffic Safety Administration (NHTSA) has reported that children dying from being trapped inside hot cars has reached a record high. Children dying from heatstroke in cars, either because they were left or became trapped, has resulted in 53 child deaths in 2018, the most in more than 20 years.

This year, there have been 40 such deaths as of September 9, according to NoHeatstroke.org.

More than half of vehicular heatstroke cases from 1998 to 2018 were because an adult forgot about a child, according to reports. The trends in these incidents is as follows:

About 44% of the time, the caregiver meant to drop the child off at daycare or preschool.

The end of the workweek, Thursdays and Fridays, saw the highest number of deaths.

You might be wondering how this happens, but this is an issue that has affected many families. Our Citrus County Wrongful Death Attorneys at Whittel & Melton hope this will serve as a reminder to keep you alert, avoiding distractions, and putting safeguards in place so your child is never left in the backseat.

Tips for Adults With Children in the Car

Hot car deaths occur most often because the person forgets there is a child in the back seat. Leave something, such as your purse, wallet, or phone in the back seat. This will require you to check the area before you leave your vehicle.

Vehicular heatstroke deaths do not just happen when a child is forgotten. The second leading cause (26%) of such deaths are children getting into unattended vehicles, according to NoHeatstroke.org. The best habit to avoid this is to lock your car doors and trunk, year-round. The temperature inside a car can reach 110 degrees, even when the outside temperature is as low as 57 degrees. Temperatures can reach over 125°F in 20 minutes for a vehicle left in the summertime heat. The temperature can reach 140°F within 40 minutes which is a temperature increase of over 45° above the temperature outside the vehicle.

Tips for Keeping Children Out of Cars

All types of vehicular heatstroke deaths are entirely preventable, but the third leading cause of these deaths—knowingly leaving a child—is the most preventable. Never leave a child alone in a parked car, even with the windows rolled down or the air conditioning on. A child’s body temperature can rise three to five times faster than an adult’s.

If you happen to see a child alone in a vehicle:

Check to see that the child is okay and responsive. If not, call 911 immediately.
If the child appears to be okay, try to locate the parents or have the facility’s security or management page the car owner over an intercom system.
If the child is not responsive and appears to be in distress, do everything you can to get to the child, even if it means breaking a window. Just like many states, Florida has “Good Samaritan” laws that protect people from lawsuits for getting involved to help a person in an emergency. According to the Florida Good Samaritan Act, “any person, including those licensed to practice medicine” who willingly, and in good faith, provides emergency care or treatment to another in an emergency situation shall not be liable for any civil damages as a result of such aid or treatment.

Heat stroke can happen relatively quickly in Florida’s climate.

Symptoms of heat exhaustion are:

dark urine
dizziness or lightheadedness
nausea
damp skin
headaches

Symptoms of heat stroke are:

fever in excess of 104°
loss of consciousness
rapid shallow breathing
weakened pulse
seizure
irrational behavior or confusion

So, what is the law on leaving children unsupervised in a vehicle? Under Florida law, Section 316.6135, “A parent, legal guardian, or other person responsible for a child younger than 6 years of age may not leave the child unattended or unsupervised in a motor vehicle for a period in excess of 15 minutes.”

Children and hot cars can be a lethal combination. Our Citrus County Wrongful Death Attorneys at Whittel & Melton want to remind you to not take any chances when it comes to the safety of your child. Always look in the front and back of the vehicle before locking the door and walking away.

April 17, 2019

Safe Driving Tips for Teens & Parents for Prom Season

by Whittel & Melton, LLC

Prom season is here, which is a very exciting time in your teen’s life. Unfortunately, the months of April, May, and June are the most dangerous times for high school students.

Car crashes are the leading cause of death for teens. Texting or using social media while driving is quite common among teen drivers. Of the 3,166 people killed in distraction-related crashes in 2017, 229 were teens 15 to 19 years old.

To help reduce teen deaths and injuries and encourage safe driving, our Citrus County Auto Accident Attorneys at Whittel & Melton want to encourages high school students to make safe driving choices.

The National Highway Traffic Safety Administration (NHTSA) has some great tips for both teens and parents to keep prom night safe.

Teens

Pay Attention: Avoid distractions in the car and save the #JustDrive. Save the selfies for prom.

Slow Down: Speeding was a factor in about one-third of all fatal crashes involving teen drivers. Faster speeds are especially dangerous for young drivers as this cna limit driver reaction times. Follow the speed limit and get to your destination safely.

Stay Alert: Prom and after parties can go pretty late, so get home before the exhaustion hits or stay with a friend so you can avoid driving drowsy.

Buckle Up: Nearly half of young drivers who died in motor vehicle crashes in 2017 weren’t wearing seat belts. Every time you get in the car, buckle up.

Drive Sober: You must be 21 to legally drink, so alcohol should not be an issue, but if you have gotten your hands on some alcohol, then hand your keys over. Get a sober driver to take you home.

Parents

Hire a Ride: Many parents choose to get their teens a chauffeur for the night to ease the worry of inexperienced teen drivers on the road. Talk to other parents and see if splurging for the night is something you all can do.

Set the Rules: If your teen insists on driving to prom, then sit down and discuss safe driving practices and what is expected of them behind the wheel.

Open Your Home: Prom night goes late. Encourage your teen to have friends sleep over to keep them off the roads. Some snacks and non-alcoholic beverages can make for s fun and sober after prom party.

February 27, 2019

9-Year-Old Boy Killed in Crystal River Boat Crash

by Whittel & Melton, LLC

A 9-year-old Ocala boy was killed in a boat crash in Crystal River recently, according to wildlife officials.

The boy’s family was on a fishing trip at Crystal River Preserve State Park in Citrus County when the recreational open bay boat that his father was driving hit a channel marker.

The boy, who was wearing a life vest, was thrown from the boat, Florida Fish and Wildlife Conservation Commission officials said.

He was taken to Bayfront Health Seven Rivers hospital in Crystal River, then flown to All Children’s hospital, where he died.

The crash is under investigation, FWC said.

Boating accidents in Florida are not uncommon. In fact, the state of Florida has over one million registered boats. With that many peope on the waterways, it is no surprise that Florida has the highest number of boating fatalities, according to the Florida Fish and Wildlife Conservation Commission.

Many boating accidents involve collisions with docks, other boats, bridges, barges, or channel markers. Because boats have no brakes and the waterways have no stop signs or traffic lights to guide boaters, boating safety knowledge and common sense are a must for all boat operators. Just one simple mistake can result in serious injuries, or even death.

January 28, 2019

Man Killed, Woman Seriously Hurt in Citrus County Crash

by Whittel & Melton, LLC

A 77-year-old man was killed and a 74-year-old woman was seriously hurt Sunday when their vehicle turned into the path of a pickup truck, troopers say.

The crash happened at about 11 a.m. on U.S. Highway 19 at the intersection of Turkey Oak Drive in Citrus County.

Florida Highway Patrol troopers say a 2012 Subaru Outback was headed south on U.S. Highway 19 when it tried to turn left onto Turkey Oak Drive, but traveled into the path of a 2000 Dodge Ram.

The passenger of the 2012 Subaru Outback was pronounced dead at the scene; the driver was taken to Ocala Regional Medical Center with serious injuries.

The driver of the Dodge Ram and her 6-year-old passenger were not hurt.

All four people were wearing seat belts, troopers said.

While you can’t control what careless or reckless motorists do, you can take control of your life after a collision causes injury or the death of a loved one. The road to recovery starts by contacting our Citrus County Auto Accident Attorneys at Whittel & Melton who will protect your rights, seek the financial compensation you deserve and ultimately help to relieve any additional stress.

We will conduct a comprehensive investigation to determine if another person is liable for your suffering. Once the at-fault party is identified, we can aggressively pursue financial compensation for you.
We will start by visiting the accident scene to gather evidence and take photographs. We will talk to witnesses, obtain the police report, and even bring in an expert to reconstruct the accident. We will handle all the complex issues to make the process simple and straightforward for you. Our goal is to handle everything on your behalf so that you can focus on your health and healing.

January 15, 2019

One Killed, One Seriously Injured in Citrus County Motorcycle Crash

by Whittel & Melton, LLC

A 19-year-old was killed in a motorcycle accident early Sunday morning in Citrus County.

The crash occurred shortly after midnight at E. Gulf to Lake Highway and S. Lois Terrace.

According to the Florida Highway Patrol, a Mercury Marquis traveling westbound on E. Gulf to Lake Highway attempted to turn left at S. Lois Terrace and entered the path of a motorcycle.

The motorcycle ended up colliding with the right rear side of the Mercury, causing fatal injuries to the motorcyclist.

Troopers said the 19-year-old died at the scene.

The driver of the Mercury was not injured in the crash, however the passenger was seriously injured and transported to Ocala Regional Hospital.

The crash, which is still under investigation, caused the road to be shut down until 3:40 a.m.

According to the report, charges are pending.

Motorcyclists lack the same protections as a passenger vehicle, so they are exposed to the elements. When they are thrown from their bikes or pinned in a crash, it is common for them to suffer catastrophic injuries, such as:

Serious fractures
Head injuries that cause brain damage
Back and spinal cord injuries
Amputations
Serious burns and road rash
Facial disfigurement
Internal injuries
Wrongful death

If someone you love has been killed in a motorcycle accident, you should contact our Citrus County Motorcycle Death Attorneys at Whittel & Melton to determine whether a wrongful death action can be taken against the negligent driver.

December 6, 2018

Pit Bull Attacked, Killed Baby in Citrus County Home

by Whittel & Melton, LLC

Citrus County authorities have released details about a baby killed by a family pet dog.

The incident happened two weeks ago at a home on West Ranchetta Street in Dunnellon.

According to the family, the pit bull jumped onto a bed next to a cradle where the girl was located and attacked the infant while the grandmother was in another room.

When family members realized what happened, the child’s grandfather began performing CPR on the child, and help was called.

The child was airlifted to a local hospital but died about 90 minutes later. The county’s Animal Control unit took control of the dog, which has been euthanized.

The death was ruled accidental.

According to reports, from 1982 to December 31, 2017, there were 389 reported deaths from a pit bull attack. In 2017, 12 different dog breeds caused fatalities, including Akita, Boxer mix, and German Shepherds. A 5-year study conducted by the Children’s Hospital of Philadelphia found that 50.9% of dog bites to children were from pit bulls. The next most common occurrence was from Rottweilers at 8.9%.

Pit bulls are just a small fraction of the dogs that bite each year. With almost 80 million dogs in the US, it is important to be educated on proper dog safety, especially if you have children sharing the home with a dog.

All dogs can be dangerous, not just pit bulls. If you or someone you love has been injured or killed in a dog attack, you may be able to file a negligence claim against the owner of the dog. This includes someone who is keeping the dog, has the dog under their care or allows the dog to be on their personal premise.

November 5, 2018

81-Year-Old Man Killed in Head-On Collision in Citrus County

by Whittel & Melton, LLC

An 81-year-old man was killed in a head-on collision after his vehicle veered into the wrong lanes.

The 81-year-old Inverness man was traveling eastbound on East Gulf to Lake Hwy in his Honda Odyssey when for an unknown reason, his vehicle traveled into the westbound lanes.

Troopers said the Honda collided head-on with a Toyota Camry.

The crash occurred at about 7:25 p.m. on Saturday.

The 81-year-old man was transported to Citrus Memorial Hospital where he died from his injuries. The driver of the Camry was transported to Ocala Regional Medical Center in serious condition.

A head-on collision is when two vehicles meet nose-to-nose or front-end-to-front-end. This usually happens because one driver is travelling in the wrong direction, but these crashes can also happen at intersections. Head-on collisions, in particular, can be more serious than other car accidents due to the speed that the vehicles may be going right before the collision. Safety features such as airbags, restraint systems, and antilock brakes can mitigate damages, however, serious injuries can still result from these types of impacts.

The injuries that can result from a head-on collision can be very serious and even result in death. For this reason, it is crucial that a person injured in a head-on collision in Citrus County contact our Citrus County Auto Accident Attorneys at Whittel & Melton right away. We can prepare a strong case and to fight for the compensation that you or your loved ones deserve.

September 6, 2018

Woman Killed in Crystal River Motorcycle Crash

by Whittel & Melton, LLC

A 22-year-old woman from Crystal River was killed in an early-morning motorcycle crash Tuesday.

According to the Florida Highway Patrol, the woman died in a crash on West Fort Island Trail in Citrus County.

Troopers said the woman was a passenger on a 2012 Yamaha motorcycle just after midnight when the driver failed to negotiate a sharp curve, went off the road and collided with a tree.

The 30-year-old Homosassa man driving the motorcycle suffered critical injuries and remains at Bayonet Point Hospital.

The woman died at the scene.

Troopers said neither the woman nor the driver were wearing a helmet.

One in every five motorcycle crashes reported results in head or neck injuries. Head injuries are just as severe as neck injuries and are actually a lot more common. Research shows that wearing a helmet reduces the risk of neck or head injury. You are three times more likely to suffer an injury or death than those wearing a helmet at the time of the crash.

Florida laws are more lenient when it comes to helmet rules. A person over 21 may operate or ride upon a motorcycle without wearing a helmet if they are covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.

August 30, 2018

Citrus County Auto Accident Attorneys Whittel & Melton Wish You a Happy & Safe Labor Day

by Whittel & Melton, LLC

The attorneys and staff at Whittel & Melton wish you and your family a safe and happy Labor Day Weekend! We want to encourage you to enjoy your holiday weekend responsibly.

The Labor Day holiday weekend is one of the busiest travel periods of the year. More vehicles on the road means that drivers face an increased risk of being involved in traffic accidents. Because of this, we want to remind you to stay alert and aware of your surroundings on the road at all times and drive defensively.

Here are a few other simple reminders that can help you arrive at your destination safely:

Put your phone away to limit distractions. You can keep your phone stored in your pocket, purse or glove compartment. Your eyes should be on the road at all times. Distracted driving is a careless and negligent act that could lead to a fatal car accident.
Always wear your seat belt, no matter how far or short your trip is. Seat belts save lives, and police officers will be on the lookout for those who are not buckled up this weekend.
Never drink and drive. If you are going to be consuming alcohol, designate a sober driver or call an Uber, Lyft or taxi before you leave for the night. Drinking and driving jeopardizes the safety of everyone sharing the road with you. DUI-related accidents are entirely avoidable, so steer clear of driving while intoxicated.

August 17, 2018

Citrus High Student-Athlete Killed in Pedestrian vs. SUV Collision

by Whittel & Melton, LLC

A 17-year-old Citrus High student and football player passed away Sunday from his injuries suffered after being struck by an SUV while he was walking on a Floral City-area roadway.

According to FHP, the teen and another 17-year-old female were walking east on East Stage Coach Trail at about 8:42 p.m. on Saturday, and were approaching the intersection with South Pleasant Grove Road.

The deceased was walking on the eastbound lane of East Stage Coach Trail, while the female was walking on the grass along the roadways’ southern shoulder, FHP’s report shows.

At the same time, a 37-year-old woman and her passenger, a 9-year-old girl, were in a Chevrolet Suburban that was traveling east on East Stage Coach Trail, nearing the teens, who the woman failed to notice.

The woman’s Suburban collided with the deceased, who paramedics transported to Regional Medical Center Bayonet Point in Hudson, where he died Sunday afternoon.

No one else was injured, but charges are pending, according to FHP.

A simple walk can turn into a tragic life-changing event if an SUV strikes you. Pedestrians hit by motor vehicles have the same rights as anyone else injured in an automobile accident. Any time a driver’s negligence results in injuries or death to a pedestrian, the pedestrian and/or their surviving family members are entitled to financial compensation for the suffering.

Just like other car crashes, pedestrians injured due to a negligent driver, are entitled to recover the cost of medical bills, lost earnings, and pain, suffering, and disability damages. In wrongful death cases, certain family members are generally entitled to damages for the loss of their loved one.