Clearwater Auto Accident Attorneys

November 14, 2014

Takata Airbag Recall Continues

by Whittel & Melton, LLC

Takata Corporation, the Japanese maker of air bags used by auto manufacturers, is accused of selling faulty airbags to at least 11 different automakers dating back as far as 2001. The problem with these airbags is that they can rupture and spray shards of metal at drivers and front-seat passengers. The first reported airbag shrapnel ejection occurred in 2004, however, Takata apparently tried to conceal the incident and did not issue a recall until 2008.

Further scrutiny by experts shows that in high-humidity environments, like the Tampa Bay area and the rest of Florida, moisture can seep inside the airbag inflator and destabilize the chemical explosive. This can lead to an airbag explosion even after a minor accident.

Numerous people have been injured, blinded or killed after these airbags sent metal and plastic shards flying through a vehicle. Just last month the government added 4.74 million U.S.-market vehicles sold by Toyota, Honda, Mazda, BMW, Nissan and General Motors to the recall list for housing faulty Takata airbags. This is a serious safety concern, which is why the owners of vehicles that contain Takata airbags are urged to have the vehicle repaired as soon as possible.

More than 14 million vehicles from 11 automakers have been recalled for the defect to date, with most of these recalls occurring in the last two years. Takata’s faulty airbags have been linked to at least four deaths and more than 100 injuries, dating back to 2004.

A full list of recalled vehicles can be found below:

BMW

2000 – 2005 3 Series Sedan

2000 – 2006 3 Series Coupe

2000 – 2005 3 Series Sports Wagon

2000 – 2006 3 Series Convertible

2001 – 2006 M3 Coupe

2001 – 2006 M3 Convertible

Ford

2004 – Ranger

2005 – 2006 GT

2005 – 2007 Mustang

Mitsubishi

2004 – 2005 Lancer

2006 – 2007 Raider

Nissan

2001 – 2003 Nissan Maxima

2001 – 2004 Nissan Pathfinder

2002 – 2004 Nissan Sentra

2001 – 2004 Infiniti I30/I35

2002 – 2003 Infiniti QX4

2003 – 2005 Infiniti FX35/FX45

Honda

2001 – 2007 Honda Accord)

2001 – 2002 Honda Accord

2001 – 2005 Honda Civic

2002 – 2006 Honda CR-V

2003 – 2011 Honda Element

2002 – 2004 Honda Odyssey

2003 – 2007 Honda Pilot

2006 – Honda Ridgeline

2003 – 2006 Acura MDX

2002 – 2003 Acura TL/CL

2005 – Acura RL

Mazda

2003 – 2007 Mazda 6

2006 – 2007 Mazdaspeed6

2004 – 2008 Mazda RX-8

2004 – 2005 MPV

2004 – B-Series Truck

Subaru

2003 – 2005 Baja

2003 – 2005 Legacy

2003 – 2005 Outback

2004 – 2005 Impreza

Toyota

2002 – 2005 Lexus SC

2002 – 2005 Toyota Corolla

2003 – 2005 Toyota Corolla Matrix

2002 – 2005 Toyota Sequoia

2003 – 2005 Toyota Tundra

November 7, 2014

Survey: Despite Knowing the Risks, Motorists Still Driving Distracted

by Whittel & Melton, LLC

While numerous safety campaigns and drivers’ personal experiences have made motorists more aware of the dangers that distracted driving poses, a recent survey has found that many adults do not fully appreciate the fact that distracted driving can greatly increase the risk of automobile accidents. The survey concluded that many adults continue to use their cellphones while driving, even though they know the dangers of doing so.

The Harris Poll surveyed 2,045 adult drivers about their driving habits during May 2014. Of those adults surveyed, 94 percent said that sending texts while driving is either dangerous or very dangerous. Moreover, 91 percent of those surveyed said the same about reading text messages while driving. However, despite knowing the dangers of texting while driving, 45 percent of those surveyed said that they regularly read text messages while behind the wheel. Another 37 percent admitted to sending text messages.

The poll also found that 69 percent of those surveyed agreed that using a handheld cellphone while driving was dangerous, but 74 percent admitted to talking on the phone while driving and 21 percent confessed they did so frequently.

These results combined with the fact that the National Highway Traffic Safety Administration has found that driver distraction killed 3,328 people across the nation in 2012 are especially alarming. The NHTSA also estimates that distracted driving injured 421,000 Americans in 2012.

In order to combat the havoc that distracted driving unleashes on roadways, many states, including Florida, have instituted laws limiting cell phone use while driving. In October, 2013, Florida enacted a limited ban on text messaging while driving. Florida drivers cannot type, send or read messages when behind the wheel. However, Florida’s law is a secondary law, meaning that a law enforcement officer can only pull a driver over and issue a ticket if the officer witnessed some other violation, such as running a red light while texting. A police officer cannot stop a driver for simply texting while driving. Violation of this law is punished as a nonmoving violation, but if a crash occurs because of a moving violation and texting the driver will be penalized six points.

October 30, 2014

Deadly Bicycle Accidents on The Rise: What You Need to Know

by Whittel & Melton, LLC

The number of fatal bicycle accidents involving motor vehicles is on the rise, and the state of Florida is just second behind California with the highest number of deaths.

According to a report by the Governor’s Highway Safety Association, the number of U.S. bicyclists killed in accidents involving motor vehicles rose by 16 percent between 2010 and 2012.

During that same period, California had 338 cyclists killed in collisions with motor vehicles, and Florida had 329.

Florida and California also had the largest increases in annual cyclist traffic fatalities from 2010 to 2012. Florida’s deaths rose by 37 to 120 in 2012 and California’s cyclist deaths rose by 23 to 123. California had the most bicyclists killed of any state in 2012.

The GHSA report also found the following:

722 bicyclists were killed in motor vehicle crashes in 2012 across the nation. This number is up 6 percent from 680 fatalities the previous year. That number is also a 16 percent jump from the 621 bicyclists killed in 2010.
More than two-thirds of bikers killed were not wearing helmets. Despite the fact that many states have laws requiring minors to wear helmets while riding bikes, wearing a helmet is generally not a state or federal requirement for adults.
More than one-fourth of bicyclists killed in accidents were impaired. According to the report, 28 percent of bicyclists killed in motor vehicle accidents had blood alcohol concentrations over the legal limit of .08.
Findings show that nearly 9 in 10 bicycle fatality victims are adult males. In 2012, men made up 88 percent of those killed in bicycle traffic collisions.
Bike accidents are increasing in urban areas. According to the report, 69 percent percent of fatal bike accidents happened in urban areas in 2012, compared to only 50 percent in 1975.

If injured, it is important for Tampa Bay area cyclists to understand their legal rights and seek medical attention immediately. Fortunately for injured bicyclists, the city of Tampa and the surrounding areas, as well the state of Florida, have passed favorable laws that hold negligent, careless and reckless drivers accountable for bicycle accidents.

October 22, 2014

Reduce Deaths and Increase Awareness: National Teen Driver Safety Week Awareness

by Whittel & Melton, LLC

This week is National Teen Driver Safety Week, so this is a time to bring up the real dangers teens face when behind the wheel of a motor vehicle. According to the Centers for Disease Control and Prevention, auto accidents are the leading cause of death for teens. Moreover, the National Highway Transportation Safety Administration reported that almost half of teen drivers involved in a collision are killed.

While the above statistics present a real problem in regards to teen drivers, a recent survey found that only 25 percent of parents have had a discussion with their teens stressing the importance of driving safely.

The NHTSA discusses the following rules for teens in its “5 To Drive” campaign:

No cell phones while driving
No extra passengers
No speeding
No alcohol
No driving or riding in a car without a seatbelt

The “5 to Drive” campaign was launched during Teen Driver Safety Week last year, and it addresses the five most dangerous and deadly behaviors for teen drivers. The thought behind this initiative is to help parents address these five key issues when talking with their teens about driving.

The statistics regarding teenage driver collisions are sobering. Approximately 60 percent of the teens that died in crashes in 2012 were not wearing a seatbelt and 48 percent of those killed were speeding. Teens are involved in crashes where speeding is an issue at a rate of 60 percent higher than that of adults.

As parents, it is our responsibility to set a good example for our children by always wearing our seat belts and stressing the importance of why we wear them. Seatbelts save lives. In addition, it is important to continue setting a good example by following all posted speed limits and other rules of the road.

Alcohol is another key issue in teen driver deaths. In 2012, NHTSA statistics showed that 28 percent of teen drivers between the ages of 15 and 20 who were killed in crashes had been drinking.

Another serious problem for teens is texting and driving. In 2012, a study found that cell phones distracted nearly 1 in 5 teens in distraction-related fatal crashes. Extra passengers in the vehicle also cause distraction for teens, and the risk for an accident only increases with each additional passenger. In fact, just one passenger raises a teen driver’s risk of a fatal crash by 44 percent.

September 23, 2014

Tampa Teacher Arrested for Driving the Wrong Way Near Interstate 75

by Whittel & Melton, LLC

A Tampa high school teacher was arrested on Sunday for driving the wrong way near I-75, according to troopers.

Reports indicate that the Florida Highway Patrol received a call around 3:50 a.m. regarding a wrong-way driver on State Road 618 near 22nd Street.

Troopers were told a gold 2001 Saturn was traveling eastbound in the westbound lanes and would eventually turn southbound in the northbound lanes of I-75. A trooper arrested the 24-year-old teacher as he exited at the northbound Gibsonton Drive entrance ramp.

The social studies teacher was charged with driving under the influence and driving the wrong way on a limited access roadway.

The man allegedly refused to provide a breath test, but the trooper claims he had bloodshot eyes and smelled of alcohol.

This year alone has shown an outbreak of wrong-way driving on the interstates in the Tampa Bay area. Fortunately, some of these wrong-way drivers have been stopped by local police before a tragic collision occurred, as this case shows, limiting the effects of wrong-way drivers. However, unfortunately, there have been five serious wrong-way crashes on the interstates in the Tampa Bay area this year, resulting in 11 deaths and numerous injuries.

Many drivers are the victims of wrong-way accidents in the Tampa Bay area every year. Those injured or those who have had loved ones taken from them may be left with the financial burden of medical expenses and lost wages to handle on top of the pain and suffering they must go through while working towards recovery. These victims are not without relief, though, as the laws in Florida give accident victims and immediate family members the right to bring a personal injury or wrongful death claim for their damages against negligent motorists who caused a car accident.

August 11, 2014

Man Struck by Truck and Killed in Tampa Intersection

by Whittel & Melton, LLC

A man was killed early Monday after he walked into the path of an oncoming pickup truck in Tampa, according to the Florida Highway Patrol.

The man was struck along 50th Street just north of Palm River Road at 4:27 a.m.

Troopers believe a 54-year-old Ruskin man was driving his Ford F-150 pickup northbound on 50th Street when the man attempted to cross the street.

The man died at the scene. The driver of the F-150 was not harmed.

Parts of Palm River Road and 50th Street were closed Monday morning while authorities investigated the crash site.

Intersections can create dangerous conditions for pedestrians, bicyclists and other motorists. Even though there are guidelines that detail how to proceed at intersections as well as who has the right of way, it is common for these rules to be ignored. In many cases, negligent driving practices such as speeding, drunk driving or distracted driving create life-threatening situations when cars and pedestrians enter an intersection at the same time.

The most common intersection accidents entail:

– Running a stop sign or a red light

– Making a right or left turn without checking to make sure the intersection is clear of other vehicles or pedestrians

– Failing to adhere to stop signs or traffic lights

When pedestrians are involved in intersection collisions, the potential for serious injury is increased due to the fact that they lack the protection that a vehicle provides for drivers and passengers. Unfortunately, many drivers do not always keep an eye out for pedestrians in the roadway that are entering an intersection with them, and they often fail to yield the right of way. Intersection car accident claims are usually highly complex. Insurance companies often use this to their advantage and will try and reduce your financial compensation.

August 4, 2014

Adult, Baby Killed in I-4 Minivan Crash in Tampa

by Whittel & Melton, LLC

An adult and an infant were killed and two children were critically injured after a minivan travelling on Interstate 4 exited the roadway and crashed.

A 2008 Hyundai Entourage was heading west on the highway, west of County Road 579, around 1:10 a.m. when it left the road, according to the Florida Highway Patrol.

The van crossed a concrete culvert, rode up a grass embankment and crashed through a chain link fence. The Florida Highway Patrol claims the vehicle flipped several times before stopping on its left side in the parking lot of Camping World of Tampa.

The driver, a 29-year-old Wesley Chapel man, suffered only minor injuries. However, the right-front passenger, a 30-year-old adult from Tampa, was ejected from the van and died at the scene. A 5-month-old infant was taken to a hospital and died a short time later.

Two children, ages 7 and 9, were taken to Tampa General Hospital in critical condition.

Another female passenger was taken to the hospital with minor injuries.

Investigators are still looking into the cause of the crash. Witnesses to the accident are asked to contact the FHP at 813-631-4020.

Losing someone you love unexpectedly in a car accident is devastating. The grieving process can be an extremely difficult time period, and on top of that, you must deal with securing the financial future of your family. It is critical to speak to an auto accident attorney who can take care of all matters related to your loss, so that you can focus on taking care of yourself and your family’s wellbeing. A Tampa Bay Auto Accident Lawyer at Whittel & Melton can help you recover financial compensation for medical expenses, lost wages that your loved one would have earned, pain and suffering and all other damages related to the collision.

April 14, 2014

Clearwater Drunk Driving Motorcycle Accident Lawyer :: Fatal Clearwater Motorcycle Crash Leads to DUI Manslaughter Charges

by Whittel & Melton, LLC

A Clearwater woman is facing DUI manslaughter charges following a crash that killed a motorcyclist Sunday night.

The 47-year-old woman was arrested after the accident, which occurred around 9:40 p.m. at Missouri Avenue and Belleair Road.

As of Monday morning, she was being held in the Pinellas County Jail without bail.

Clearwater police believe the woman was driving a 2001 Buick Century south on Missouri when she turned left at Belleair and crossed into the path of a 24-year-old motorcyclist traveling north on Missouri on a 2007 Kawasaki.

According to reports, the woman showed signs of impairment at the scene and admitted to consuming alcohol before the crash happened.

The intersection was shut down while traffic homicide teams investigated.

According to the National Highway Traffic Safety Administration, every two minutes across the United States, someone is injured in an alcohol-related traffic accident, and someone is killed every 45 minutes. In fact, more than 40 percent of all fatal traffic accidents involve drunk drivers. Even more shocking is the reality that drunk motorists, on average, drive intoxicated 87 times before they are stopped by police and arrested.

If someone you care for has been killed in a motorcycle accident caused by a drunk driver, please know that you are well within your rights to seek damages against the at-fault driver. A Clearwater Drunk Driving Motorcycle Accident Attorney at Whittel & Melton understands that various challenges can present themselves to family members following a tragic accident and can provide you with the legal experience and resources needed so that any negligent parties can be held liable for their recklessness.

Pursuing a wrongful death claim from an intoxicated motorist is not always just about getting even. Rather, it is about taking care of you and your family’s future, personal well-being and quality of life. Obtaining financial compensation for any medical bills, pain and suffering, lost wages and other accident-related damages is a way to overcome any long-lasting financial hardships that usually accompany a serious accident. Pursuing legal action can help you achieve a sense of justice as well as make sure you and those close to you are taken care of both now and in the future.

April 10, 2014

Tampa Bay Pedestrian Accident Attorney :: Student Struck by Car Remains in Critical Condition

by Whittel & Melton, LLC

An 18-year-old man hit by a car while walking home from school on Wednesday remains in critical condition.

According to Tampa police, the student and his friend were running northbound on 40th Street trying to cross Hillsborough Avenue against the light when he was struck.

The man was hit by a woman driving a Toyota Camry. She apparently stopped immediately once she realized she had hit the man.

Police claim the woman probably won’t face charges as it appears the crash was a tragic accident. The woman was not harmed.

This unfortunate collision comes about three weeks after two other students were struck trying to cross a busy stretch of Hillsborough Avenue.

The students and sisters, 14 and 15, were hit by a vehicle on Hillsborough Avenue near 25th Street on March 18 while walking to school.

The 15-year-old died four days after the crash.

Tampa police, along with the Hillsborough County Sheriff’s Office and Hillsborough County Schools, are working to launch a PSA campaign to educate students about traffic safety.

If you or someone you love was injured as a pedestrian while jaywalking or not in a crosswalk, you may be lead to believe that you have no right to file a personal injury claim or lawsuit because the accident was ultimately “your fault.” However, whether or not you were in a crosswalk, you were jaywalking or whether a traffic light was red, yellow or green, you should be sure to speak with an injury lawyer as soon as possible after your accident. Regardless of fault, you could possibly have a strong case against the driver of the vehicle that struck you while you were on foot.

Following a serious injury in the Tampa Bay area, it can take weeks, months or years for a victim to recover both physically and emotionally form the accident. In some cases, injuries can be permanent. Financial troubles following a pedestrian accident only make matters worse. It is critical to act fast following a pedestrian accident so that you can take the necessary steps towards recovering just compensation. A Tampa Bay Pedestrian Accident Lawyer at Whittel & Melton can make a great difference in your personal injury case.

March 28, 2014

Tampa Bay Pedestrian Accident Attorney :: Number of Pedestrian Accidents Increase in 2011

by Whittel & Melton, LLC

While we all use various modes of transportation to get from place to place, the National Highway Traffic Safety Administration is urging everyone to remember one key road user fact – we are all pedestrians. The sad reality is that pedestrians were one of a few groups of road users to see an increase in fatalities across the United States in 2011, reaching a whopping 4,432 deaths. This number represents a 3 percent increase from the number of reported deaths in 2010.

Another 69,000 pedestrians suffered injuries in traffic crashes in 2011. According to 2011 traffic safety facts, on average, a pedestrian was killed every two hours and injured every eight minutes in traffic collisions.

While the 4,432 deaths were an increase from the number reported in 2010, this number represents a decrease of 7 percent from 2002. Pedestrian deaths made up 14 percent of all traffic fatalities in 2011, and accounted for 3 percent of all people injured in traffic accidents.

Negligent, reckless or distracted drivers disobeying traffic laws cause serious injuries and deaths to innocent pedestrians every day in the Tampa Bay area. Accidents, by their very nature, are unplanned, so when you are the victim of a traffic fatality you may find yourself suffering painful injuries and financial losses that can leave you feeling overwhelmed and unsure of what to do next. It can be nearly impossible to determine which step to take first, but the best thing you can do for yourself is to contact a Tampa Bay Pedestrian Accident Attorney at Whittel & Melton so that we can help you formulate a plan to obtain financial compensation for your losses.