Pasco County Injury Attorney Blog

Zephyrhills businessman Brandon Butts has invented what is called the Quiet Zone, a device to prevent texting while driving, in order to combat the nationwide problem of teens and adults texting while in the driver's seat.

After reviewing new national numbers from the researchers at Cohen Children's Medical Center of New York showing that texting while driving now kills more teens than drinking and driving, Butts wanted to create something that could help curb this issue.

His invention is a two-part system. One of his devices is for businesses and can silence cell phones by sending out a signal that silences all phones in range that have the Quite Zone app.

The other device focuses entirely on the car. This one makes texting while driving impossible.

The car device is nearly the same size as a thumb drive. Customers can have this permanently installed on their dash or they can just plug the device into the cigarette lighter in their car. All they have to do next is download the Quiet Zone application onto their phone. Once the app is installed, the texting block will turn on whenever you are near the device.

Parents can even use Quiet Zone to monitor their teen drivers. In fact, the system comes with a parental monitoring system that alerts parents if their teen tries to disable the application.

Currently, the Quiet Zone device for buildings is being sold for $249. The one for cars retails at $329.

Distractions in cars have significantly increased in recent years. In the past, drivers mainly only had the radio to divert their attention from the road, but now cars are equipped with all sorts of technology including DVD players, Internet access, GPS systems and of course, cell phones. While these technological advancements are great, they have one downfall: they can distract drivers from operating their cars in a safe fashion.

Continue reading "Pasco County Auto Accident Attorney :: Zephyrhills Man Creates 'Quiet Zone' - Device that Prevents Texting While Driving" »

A 1-year-old Land O' Lakes child was airlifted to Tampa General Hospital Sunday night after suffering severe burn injuries after coming into contact with boiling water from a stove at a Land O' Lakes home.

The boy was burned on 12 percent of his body, according to Pasco Fire-EMS.

The child was airlifted as a trauma alert to Tampa General Hospital, and his condition at this point is unknown.

Burn injuries are some of the most painful injuries that a child can endure. In fact, burn injuries are a leading common cause of death in children. Nearly 3,000 children die every year from burn injuries, and thousands more are hospitalized each year. Significant injuries, such as burns, can affect children in various ways. Children are continuously developing, so treating their injuries properly is vital to their health and well-being. Burn injuries can be complex and require long-term medical care.

Burn injuries are some of the most common injuries to children in Land O' Lakes and the surrounding areas of Pasco County. Child burns can result from various circumstances, from negligent supervision to motor vehicle accidents or even kitchen fires. Other common causes for child burns result from gas and chemical explosions, fireplaces, hot liquids and firework explosions.

Continue reading "Pasco County Child Burn Injury Lawyer :: 1-Year-Old Boy Burned on 12 Percent of his Body By Boiling Water" »

A 46-year-old New Port Richey motorcyclist passed away shortly after being hospitalized following a traffic crash on State Road 54 last month.

Troopers claim the man was travelling eastbound on a 1999 Harley-Davidson Sportster west of Gunn Highway around 5:30 p.m. when he attempted to change lanes and crashed into the center concrete median.

He was ejected from the motorcycle onto the westbound lanes of SR 54.

He was taken to Regional Medical Center Bayonet Point and later transferred to a hospice center, where he died a short time later.

No matter how safe a person is while riding a motorcycle, many motorcycle accidents result in death. Even the most experienced bikers are vulnerable to the reckless or negligent actions of other drivers sharing the roadway. In a matter of seconds, one unsafe driving maneuver can cause a tragic collision that leaves a family changed forever.

When someone you love is suddenly taken from you unexpectedly, you may be feeling confused, angry and lost. In many instances, surviving family members who have lost loved ones find themselves struggling to make ends meet. While money may be the furthest thing from your mind during this difficult time, a wrongful death lawsuit can help you recover financial compensation so that you can stay up to date with your necessary household payments. At a time like this, a Pasco County Motorcycle Accident Lawyer at Whittel & Melton can make sure you obtain the monetary compensation you need so that you do not have struggle now or in the future.

Continue reading "Pasco County Motorcycle Accident Attorney :: Land O'Lakes Motorcyclist Dies from Crash-Related Injuries" »

A skydive instructor and student were killed last month from blunt trauma after their parachutes failed to deploy during a jump over Zephyrhills.

The instructor's helmet camera video showed that the 25-year-old student apparently lost consciousness during his descent. The 41-year-old instructor managed to reach him, but it was too late as their parachutes never deployed.

Both men were from Iceland and had successfully completed two previous jumps earlier in the day.

The men jumped separately, not in tandem.

Both men had backup automatic activation devices, but they didn't have time to fully inflate.

Authorities are still investigating whether the accident was the result of human error or an equipment problem.

If a parachute malfunction did lead to the death of these two men, their families could possibly be able to file a wrongful death lawsuit against the skydive facility that provided the equipment. However, recovering compensation in accidental cases like these can be complex. Generally, when defective equipment or negligent behavior causes death, a victim's family has the right to sue for damages. But, when someone is killed in a dangerous activity like skydiving, a legal theory known as assumption of risk could limit a family's right to recovery. The theory behind this is that skydiving is known to not be 100 percent safe, so when someone participates in the activity, they assume to take on the risk of serious personal injury or even death.

When your loved one is involved in a fatal accident, you may be at a loss for what to do and how to go about obtaining financial compensation so that you can continue to take care of your family. Regardless of what type of activity your loved one was participating in, a Pasco County Wrongful Death Attorney at Whittel & Melton can protect your legal rights as well as the interests of your family. While it is common for people that partake in inherently risky activities to sign release waivers, we can investigate the accident and fight the insurance companies so that you can recover the maximum compensation possible.

Continue reading "Pasco County Wrongful Death Attorney :: Two Killed in Zephyrhills Skydiving Accident" »

A biker was seriously injured Tuesday morning after a vehicle struck him at Ulmerton Road and Belcher Road S around 8 a.m.

The biker was crossing the road when a Dodge Neon crashed into him.

The intersection was temporarily shut down while emergency officials airlifted the man to the hospital.

The driver of the Dodge went unharmed.

According to the Centers for Disease Control and Prevention, more than 500,000 people throughout the United States visit emergency rooms for bicycle-related injuries each year and more than 700 people are killed annually in bicycle-related accidents. While many people throughout Pasco County use a bicycle for transportation purposes and/or exercise, Florida's roadways are considered some of the deadliest in the nation for those not traveling in an automobile. Florida's generally warm year-round climate turns many residents into bike riding enthusiasts, but most of Florida's roads and highways were designed for cars and trucks moving at high speeds, which is why many fatalities occur annually. In 2010, 76 people were killed in bicycle traffic collisions throughout Florida. For many cyclists travelling across Pasco County, dangerous roads and high traffic areas cannot be avoided. Sadly, when negligent motorists enter the roadways, unfortunate accidents can happen resulting in serious personal injury and even death.

Bicyclists involved in accidents with cars, truck and SUVs may suffer severe and debilitating injuries. Vehicles can weigh thousands of pounds, and are certainly no match for a bicycle. When reckless or careless drivers cause these accidents, they should be held accountable for their negligent actions. A Pasco County Injury Attorney at Whittel & Melton can investigate the cause of your accident and help you determine what your best legal options are.

Continue reading "Pasco County Injury Attorney :: Bicyclist Seriously Injured in Largo Crash" »

While you may think that food poisoning is an uncommon occurrence, a new study conducted by the CDC urges you to think again. In fact, food poisoning sickens roughly 48 million Americans annually. Fortunately, for most of those affected it is not too serious of an illness. However, the CDC notes that around 3,000 people die every year from illnesses stemming from food poisoning.

So, what is the biggest culprit? This probably does not come as a shocker to anyone, but Salmonella bacteria takes first place. Now, what may surprise you is where Salmonella and other types of food poisoning infections originate from.

The most common sources of foodborne illness are raw eggs, meat and poultry. Salmonella in eggs and E. coli in beef are at the top of the list for sources of food poisoning. According to NBC News, the No. 1 source of death from food poisoning is Salmonella from undercooked or raw chicken.

But, here is something you may not know. The biggest source of foodborne illness traces back to leafy green vegetables. In fact, veggies are linked to 20 percent of all food poisoning cases in the U.S. each year. Other vegetable sources of illness besides leafy green veggies include tomatoes, sprouts and peppers.

While some food contamination can happen at home in your very own kitchen, a lot of foodborne illnesses occur in restaurant kitchen. The CDC states that almost half of all outbreaks can be traced back to commercial kitchens.

So, how can you keep yourself and your family safe? The best way to protect your family is by educating yourself about the issue. Keep yourself updated on reports of food poisoning outbreaks and recalls so that you know what products and places to avoid.

Remember, if you fall ill from a contaminated food source at a restaurant, you may be able to take legal action against the eatery for failing to follow safety precautions. Keep in mind this can be difficult because food poisoning can be tricky to prove, unless there is a huge outbreak causing multiple people to become sick.

Continue reading "Dade City Injury Lawyer :: CDC Reveals Top Causes of Food Poisoning" »

If criminal activity is buzzing in and around your Wesley Chapel apartment building or Lutz home, you may be wondering what you should do and who you can call to fix the problem. First, you need to notify police. Second, you might want to put a call in to your landlord.

While your landlord might not live in the home or building and was not involved in the crime, he or she still has a responsibility to provide you with a safe and secure dwelling. There is a duty between landlords and tenants to warn them about dangerous conditions and make sure the building or house meets or exceeds local laws regarding safety. This means that locks and other security features, such as security cameras, must be in working order. Windows, doors and other openings should be in good condition.

Should your landlord notice that the building is unsafe, changes should be implemented immediately. If crime is the problem, security measures should be amped up. If a landlord fails to fulfill his obligation and a tenant becomes injured as a result of a crime, then a negligent security lawsuit may be appropriate.

Continue reading "Pasco County Negligent Security Attorney :: Can Your Landlord be Responsible for Criminal Activity at Your Apartment or House? " »

Following a car accident, it is very important to be cautious of what you say because your words could come back to haunt you. This does not just mean what you say verbally, but also what you say via Tweets and other social media posts.

This is not just a hypothetical scenario. In fact, it is very real. Recently, a Georgia woman who was injured in a car accident had her award damages decreased significantly because of carefree Twitter messages about partying and traveling. The jury reduced her award from $237,000 to $142,000 because the woman's Tweets about her "epic weekend in New Orleans" and a post that read "I'm starting to love my scar," lead the jury to believe she was not really injured.

In an auto accident case, the plaintiff, or injured party, must prove that the defendant was at fault for the collision and that their injuries warrant damages. This means the victim must prove the extent of their injury in order to recover financial compensation. Most victims seek damages for medical bills, lost wages, future treatment and pain and suffering.

The plaintiff must present evidence that demonstrates the full scope of their injuries. However, the defense will try and prove that the plaintiff's injuries are not actually as bad as they claim. Any statements made by the plaintiff can be used as evidence to reduce the amount of damages paid, which includes posts and pictures to Twitter, Facebook and other social media sites.

Continue reading "New Port Richey Car Accident Attorney :: Tweets Can Decrease Financial Recovery in Auto Accident Suit" »

Wesley Chapel, FL - A 59-year-old Tennessee man was killed last month after his plane crashed near State Road 52 in a rural part of Pasco County.

The plane apparently took off on Feb. 24 from a small private airport, just north of Tampa. Cell phone records indicate the man crashed just four miles after takeoff.

At this time no further information is available regarding this collision.

Most aviation accidents in Florida involve small, privately owned planes that are used for personal transportation or recreation. Because these planes are so small, the aftermath of a collision can be devastating. Most small plane crashes result in severe and catastrophic injuries, or in many cases, death. If you have lost a loved one in a small plane crash, you may be wondering what steps to take next and whether you have any legal rights to financial compensation under Florida's wrongful death law.

Continue reading "Wesley Chapel Wrongful Death Attorney :: Tennessee Man Killed in Small Plane Crash in Pasco County" »

BMW has recently issued a voluntary safety recall of nearly 505,000 cars in the United States after discovering a possible failure in battery cable connectors, which could lead to fatal collisions.

This recall involves the most popular car on the small luxury car market - the 3-Series sedans, wagons, convertibles, and couples from the 2007 through 2011 models. Also taken off the market are the 1-Series couples and convertibles from 2008 through 2012 and the Z4 sports car from 2009 through 2011.

BMW is recalling the vehicles due to a faulty battery cable connector, which has the potential to fail, which could ultimate cause the engine to stall. According to reports, the cable connectors and their fuse box terminals can decay over time, splitting the electrical connection between the battery and the fuse box. If the electronic connection is broken, the cars could lose electrical power, causing the engine to shut down without warning. BMW stated that in the worst case, the loss of vehicle power could increase consumer's risk of being involved in an unfortunate collision.

This safety recall affects more than 504,000 automobiles in the U.S., and another 65,000 in Canada.

BMW has reported knowledge of one car accident in Canada as a result of the problem, but claims to not know of any incidents in the United States. For all recalled vehicles in the U.S., BMW will notify the owners and will replace the defective parts with a new and improved method free of charge to the owner.

While it may come as a shock to you, large auto recalls have been quite prevalent in recent years. Automakers like BMW, Toyota and General Motors will recall their automobiles on occasion due to the simple fact that they use common parts on multiple models to reduce costs in the manufacturing process.

The battery cable connector recall has already begun, but BMW anticipates that less than 1 percent of the vehicles recalled are actually affected by the cable issue. Owners with any questions can contact BMW directly for more information.

Continue reading "Pasco County Injury Attorney :: BMW Issues Recall for Nearly 505,000 Vehicles in U.S." »

A 48-year-old Hudson man died Friday after he apparently walked into the path of a SUV on U.S. 19.

The Florida Highway Patrol claims the man walked into a northbound lane of U.S. 19 just before noon and was struck and killed by a Dodge Durango.

Authorities have yet to determine why the man walked in front of the vehicle, but they believe the man was under the influence of alcohol.

He was taken to Regional Medical Center Bayonet Point, where he died from his injuries.

The Spring Hill driver of the Dodge Durango was not injured and not at fault for the accident, according to FHP.

In general, most people tend to think that pedestrians cannot be at fault for a pedestrian vs. motor vehicle accident. However, this is simply not true. In fact, both drivers and pedestrians have a responsibility to exercise reasonable care when traveling down roads or highways. Any driver or pedestrian who fails to err on the side of caution can be found negligent if their actions cause or contribute to a traffic accident.

According to the National Highway Traffic Safety Administration, time and day of the week are very important factors in motor vehicle vs. pedestrian accidents. In 2008, 38 percent of pedestrian car accidents occurred between 3 p.m. and 7 p.m. Another 48 percent of pedestrian car fatalities happened on Friday, Saturday and Sunday. Another major contributing factor of pedestrian auto accidents is the consumption of alcohol, by either the pedestrian or driver. Interestingly, 48 percent of traffic accidents in 2008 that resulted in pedestrian fatalities involved intoxicated drivers or pedestrians. Of these tragedies, 36 percent involved pedestrians above the legal limit of .08, while only 13 percent of motorists were over the legal limit.

Continue reading "Pasco County Pedestrian Accident Attorney :: Hudson Man killed After Walking Into Path of SUV on U.S. 19" »

Any time a Pasco County accident takes place on a busy road or highway, there is always the chance that a collision can quickly turn into a multi-vehicle pileup. Sometimes a multi-vehicle collision can happen because other cars cannot brake in time to avoid an accident. And then there are times when a pileup accident could have been avoided, but wasn't because other drivers were stopping to look at the original crash, which is commonly referred to as rubbernecking.

When an accident occurs, it is only natural for other motorists to take a peek at what happened. However, understand that this behavior is quite risky. Rubbernecking causes your eyes to leave the road and focus on something else entirely, which increases the danger of:

• Drifting Out of Your Lane

• Rear-Ending the Car in Front of You

• Colliding with Pedestrians, Bicyclists or Other Objects in the Road

• Losing Control of Your Car

Any time a driver takes his or her focus off the road, this is dangerous not only to yourself, but to your passengers and anyone else sharing the road with you. When an accident happens and multiple drivers partake in rubbernecking, this increases the likeliness of an accident because multiple drivers are not paying attention. Sadly, this can result in multiple accidents that could have been avoided if drivers were paying attention to driving.

Motorists must keep their eyes on the road at all times, despite the temptation of other distractions. A distracted driver that causes a wreck can be held liable for the damages associated with that accident including any personal injuries caused.

Continue reading "Wesley Chapel Injury Lawyer :: Risk Factors Associated with Florida Rubbernecking" »

New Port Richey, FL - A 21-year-old motorcyclist passed away early Monday after sustaining injuries in a traffic collision that caused him to exit the roadway.

According to the Florida Highway Patrol, the Hudson biker was traveling north on Little Road around 2 p.m. Sunday when he lost control of his motorcycle, headed toward the median and crashed against a guardrail.

He was taken to Regional Medical Center Bayonet Point, where he died.

Troopers still do not know what caused the man to lose control of his motorcycle. An investigation remained under way as of Monday morning.

While motorcycles can be fun and exciting, they can also be deadly. There are many challenges that are presented to the driver and passengers of motorcycles, and while bikers have the same rights as any other motorist on the road, many drivers do not always respect that rule. Tragic motorcycle crashes often occur when a car, truck or SUV executes a left turn in front of a motorcycle, sideswipes a bike or simply fails to keep a watchful eye out for motorcyclists sharing the road.

Numerous injuries can result from a motorcycle wreck, some of the most common being:

• Fractures and Broken Bones

• Traumatic Brian Injuries

• Concussions or Memory Loss

• Spinal Cord Trauma

• Loss of Limbs

• Disfigurement

• Death

Continue reading "Pasco County Motorcycle Collision Attorney :: Motorcyclist Killed in New Port Richey Weekend Wreck" »

Cramer LLC in compliance with the U.S. Consumer Product Safety Commission has recalled around 6,500 1Up folding step stools because they pose the risk of cracking or breaking, which could ultimately lead to a serious fall injury.

According to the CPSC, the Cramer 1Up recall involves folding step stools carrying the Task*It label. The stools are composed of plastic and have a 9 ½-inch by 14 ½-inch top step with two 11 ½-inch legs that fold inward. The top of the stool features a black rubber covering and "1Up step" is printed on the packaging, and "Task*It" is labeled on the stool's legs.

The CPSC has reported that there have been at least 14 incidents where the stools have broken or collapsed with use. As of now, at least two people have been injured, suffering head, neck and back pain.

The 1Up folding step stools were sold at office supply stores nationwide including Staples, United Stationers, SP Richards, and online at Amazon.com, between January 2012 and December 2012 for between $30 and $40.

Consumers should stop using these defective step stools immediately and contact Cramer LLC at (800) 366-6700 or visit their website to receive a free replacement step stool.

Thousands of people are injured or die every year due to dangerous or defective products available for purchase. The CPSC estimated that more than 22,000 deaths and 29 million injuries occur annually because of hazardous consumer products. In fact, studies have shown that consumer products leading to deaths, injuries and property damage cost more than $500 billion every year.

When a manufacturer places a product on the market that has the potential to harm someone, the manufacturer can be found negligent. Consumers should not be placed at risk for head, neck and back injuries because a manufacturer was careless when it comes to safety standards. Negligent manufacturers who sell dangerous or defective products are liable for any injuries suffered from the use of that product.

Continue reading "Dade City Injury Lawyer :: Cramer Folding Step Stools Recalled Because of Fall Hazard" »

While it may be shocking, 140 nursing homes and assisted living facilities throughout Florida have been cited for violating state standards or not correcting violations in a timely manner, according to the advocacy group Families for Better Care. The numbers show that one in five nursing homes in Florida are actually on the state's "Watch List." Even worse, 12 of these facilities have been on the list for more than 100 days, several of which are in the Pasco County area.

According to Families for Better Care, the low level of care being provided to patients is especially troubling because these facilities are for profit. These facilities are bringing in billions of dollars every year while some patients are being placed in unsafe conditions.

So, what can you do to make sure that your loved ones receive the proper care and attention that they need and deserve? There are many things you can do to make sure those closest to you are safe from nursing home abuse and negligence in Pasco County:

• Tour nursing homes and speak with staff. This is the best thing you can do for your loved ones because it can help you decide what facility is best. However, don't just drop your elderly loved one off and assume everything is taken care of. It is ideal to routinely visit and speak with staff to verify whether there are any safety concerns.

• Get in Touch with Florida's Agency for Health Care Administration. This agency inspects nursing homes and tracks any violations. You can review their findings online or call them with any questions.

• Communicate with Your Elderly Loved One Regularly. While things at a nursing home may be fine one day, things can always change. While the facility may have a great rating now, changes in staff and facility conditions could weaken the level of care being provided. Management can quickly change, which could also affect the quality of care being provided. So while it is important to constantly check in with the nursing home, it is also important to keep the lines of communication with your loved one open so that they can alert you to any causes of concern.

Continue reading "Pasco County Injury Lawyer :: Violations at Nursing Home Facilities in Pasco a Risk" »