Hillsborough County Child Injury Attorney

January 6, 2015

New Child Car Seat Law Goes Into Effect Thursday

by Whittel & Melton, LLC

As it is now, Florida is one of only two states in the nation that does not require car seats for children who have outgrown baby seats but are still too small for seat belts. But come Thursday, a new law will go into effect that will greatly improve Florida’s child safety seat laws.

The new law essentially mandates booster seats for children aged 3 to 6-years-old. The new law will require children to be in booster seats until their 6th birthday, however, experts say to keep kids in the booster seat until the seat belt fits properly.

According to law enforcement, children restrained the wrong way in vehicles is a daily problem. Not only is this a danger for children, but now it translates into a $60 ticket and three points on their driver’s licenses. According to experts, the best guideline for child car seats is to go by your child’s height and weight. They need to be at least 4’9 and weigh between 80 to 100 pounds before they can use an adult seat belt. Experts say that when used properly, car seats elevate kids so the seat belt can secure them properly by going across the chest in the proper way.

There is one exception to this new law, children ages 4 or 5 may ride with just a seat belt if the driver is not a member of their immediate family and if they are being given a ride due to a medical emergency.

The following car seat guidelines are from the FLHSMV and should be used when driving with a child in your vehicle.

Birth – 1 year old and at least 20 lbs: Use a rear-facing child car seat in the back seat of the car.
1 year old and 20 lbs. – 4 years old and 40 lbs.: Use a rear-facing child car seat in the back seat until they outgrow the weight and height limit of the child car seat. Once a child is over 1 year old and weighs more than 20 pounds, you can switch to a forward-facing car seat in the back of the car.
4 years old and 40 lbs. – 8 years old or 4’9″ tall: Use a forward-facing child seat in the back seat until a child reaches the weight and height limits recommended by the manufacturer, then switch to a booster seat in the back of the car.
8 years old or 4’9″ tall –12 years old: Use a booster seat in the back seat until a child is big enough to use the car’s seat belt. Once a child turns 13, they can sit in the front seat of a car.

December 30, 2014

Celebrate New Year’s Safely & Avoid Accidents

by Whittel & Melton, LLC

The start of 2015 is right around the corner, which means it is important to address that the New Year’s holiday is known for being one of the most dangerous times of the year, especially for accidents involving drunk drivers.

According to the National Safety Council, in 2014, the three-day period around New Year’s Day was the holiday period with the highest amount of drunk driving deaths. Partygoers who are out celebrating should factor safety precautions into their holiday planning to improve their chances of avoiding a holiday accident.

There are numerous dangers that drivers and passengers face when traveling on the roadways during the New Year’s holiday. Some of the most common holiday hazards include:

More Traffic: With gasoline prices low, more people have been travelling for the holidays. New Years Eve and New Years Day is no exception. With more vehicles on the roads, there is an increased risk for holiday travelers. Drivers can get easily frustrated or distracted when traffic is congested.
Bad Weather: Rain, hail, snow and ice only add to the hazards of New Year’s travel. Even the most skilled drivers are no match for poor road conditions caused by inclement weather.
Drunk Drivers: Holidays and alcohol go hand in hand. Many people use New Year’s celebrations as an excuse to get drunk. When drunk drivers choose to get behind the wheel, they pose a serious danger to themselves and others.

Whether you are hosting a New Year’s party or attending one yourself, remember that there are numerous things you can do to protect yourself from becoming a New Year’s statistic.

Know your limit when it comes to alcoholic beverages.
Designate a driver, take a cab, use Lyft or Uber, call AAA, use public transportation or ask a sober friend to come pick you up.
Report suspected drunk drivers.
If you are planning to attend a New Year’s party, arrange to stay at the party location, or stay at a hotel or motel that is within walking distance.
Celebrate the New Year without alcohol.

November 26, 2014

46.3 Million to Hit Roads Thanksgiving Weekend: Travel Smart, Stay Safe

by Whittel & Melton, LLC

Gas prices across the country are at an average of $2.85 a gallon, which is the lowest cost for the entire year and down 43 cents from this time last year. According to AAA, travelers should anticipate more traffic on the roads as the Thanksgiving holiday approaches.

AAA estimates that nearly 46.3 million people will travel a distance of at least 50 miles from home over the Thanksgiving weekend, Wednesday, Nov. 26 through Sunday, Nov. 30. This is a 4.2 percent increase from last year and the highest anticipated volume since 2007.

According to AAA, around 90 percent of those travelling for the Thanksgiving holiday will do so by automobile. In accordance with that, Thanksgiving air travel is also expected to be at the highest level since 2007, with 3.55 million people flying.

Those who are driving to get to their Thanksgiving destination should plan their time out properly. It is estimated that it will take at least 25 percent longer to get to your final stop. In fact, Wednesday pre-Thanksgiving rush hour is expected to begin about two hours earlier than on a typical Wednesday. The worst delays are expected to occur between 2 p.m. and 5 p.m.

The National Safety Council expects 418 people will be killed during the Thanksgiving holiday and another 44,700 seriously injured. The best thing that you can do to protect yourself and those you love is to buckle up.

The following safety tips can help make sure your Thanksgiving holiday is safe and sound:

Check to see that your vehicle is in proper working order.
Make sure you have a full tank of gas, check the tire air pressure and make sure the windshield fluid is full.
Always wear a seatbelt and follow the speed limit.
Stay well-rested so that you can be alert behind the wheel.
Exercise caution in construction areas and work zones.
Avoid distractions – do not text and drive, refrain from calling or receiving phone calls and always pay attention to the road.
Take a break. Long trips may require you to stop frequently or even switch drivers.
Keep an emergency preparedness kit inside the vehicle with useful items, such as water, snacks, a flashlight, first aid kit, extra cash and blankets.

November 20, 2014

National Driver Survey Intends to Make Safer Roads and Drivers

by Whittel & Melton, LLC

Researchers at the University of South Florida’s Center for Urban Transportation Research have been watching people drive as part of a national study on driver habits for the past few years.

The goal of the study was to gather data on how people drive and the way they drive.

In order to accomplish this goal, more than 3,000 people were studied nationwide, including more than 700 drivers in Tampa Bay. Their cars were equipped with front to back sensors and cameras to keep tabs on their every move, even down to the motion in a driver’s eyes, according to researchers.

Participant study time ranged from four months to two and a half years.

Many of the results came back as expected, such as those regarding distracted driving. The study found many drivers who took their eyes off the road for as long as 4.6 seconds.

Taking your eyes off the road for 4.6 seconds travelling at an average of 50 miles an hour is equivalent to driving the distance of an entire football field without looking, which seriously increases your chances of being involved in a crash.

The study also looked at “near crashes,” when a driver swerves to avoid hitting another car. This type of data has never been captured before. Researchers can now look at how we act and react to traffic.

The study also looked into approaches to pedestrian intersections. Researchers were able to watch drivers’ eyes, which can help them tell if existing signs are doing their job or if things need to be changed.

The goal of the study is to create safer roads, cars and drivers.

Distracted driving involves more than just cell phone use while driving. Driver distractions can be anything that take the driver’s attention off the main task at hand – driving. Distractions usually fall into three categories:

Visual: Distractions that take the driver’s eyes off the road, such as reading maps, GPS devices, reading billboards, looking at scenery or other driver’s.
Manual: Anything that cause a driver to take his or her hands off the steering wheel, such as answering a cell phone call, sending a text message, eating or personal grooming.
Cognitive: Things that take a driver’s thoughts away from driving, including talking to other passengers or having cell phone conversations.

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 17, 2014

Student Biker Struck by Car near Riverview High School

by Whittel & Melton, LLC

A 17-year-old girl riding her bicycle near Riverview High School on Tuesday morning was hit by a car.

According to the Hillsborough County Sheriff’s Office, the girl, who is a Riverview High student, was struck by an Acura sedan on Whispering Creek Boulevard near Balm Riverview Road just south of Boyette Road.

The driver of the Acura, a 23-year-old man, waited at the scene for deputies to arrive. According to officials, the man won’t be cited in the crash.

The crash occurred just before 7 a.m. The accident caused the roadway to be shut down for about an hour.

Authorities said the teen received non-life threatening injuries, however she was airlifted to an area hospital.

The crash is still being investigated.

The Tampa Bay area is full of beautiful scenery and many people choose to take it all in by getting outdoors and riding a bike. Many children and teens ride bicycles to school and adults often use them to commute to work. Sadly, many bicyclists are injured or killed by negligent drivers every year in Florida and across the United States. The Tampa Bay Injury Lawyers at Whittel & Melton are committed to helping bicycle accident victims recover full compensation for their injuries. We also help families of those who have lost loved ones obtain fair compensation for the wrongful death of their loved one.

Even though a bicyclist may do everything right, serious injuries can still happen. A negligent motorist can pull out in front of a cyclist or make a turn without looking and collide with a biker. Regardless of how your accident occurred, our team of injury lawyers can handle all aspects of your case so that you can receive adequate compensation for your losses. Even if your accident involved an uninsured/underinsured motorist, we can do everything in our power to make sure you recover a monetary award, including from your own insurance company.

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.

July 29, 2014

9-Year-Old Girl Critically Injured in Beach Plane Crash Dies

by Whittel & Melton, LLC

A 9-year-old girl that was critically injured Sunday when a plane hit her and her father during a beach landing near Venice Beach has died.

The girl died of critical injuries suffered when a plane hit her and her father on Caspersen Beach, according to the Sarasota County Sheriff’s Office.

She was transported to All Children’s Hospital in St. Petersburg immediately following the crash.

Her 36-year-old father was killed Sunday in the crash.

According to officials, the 57-year-old pilot of the 1972 Piper Cherokee reported that the plane was in distress around 2:45 p.m. and could not make it back to the airport. He attempted to land the plane on the beach.

The pilot and his 60-year-old passenger were not injured.

The Federal Aviation Administration and National Transportation Safety Board are investigating the crash.

Airplane crashes are rarely heard about in the news, but when they do occur they often cause catastrophic injuries to passengers, and in many cases death. If you have lost a loved one in an airplane crash that was caused by the negligent actions of the pilot, airline employees, the airplane manufacturers, air traffic controllers or even weather service operators, a Tampa Bay Wrongful Death Lawyer can assist you in filing a wrongful death claim and pursue financial compensation from all parties who were responsible.

July 21, 2014

Tampa, Florida 4-Year-Old Killed by Uncle’s Pit Bulls

by Whittel & Melton, LLC

A 4-year-old boy was mauled Saturday night by two pit bulls that had been crated at his uncle’s house in Riverview.

Authorities are still trying to determine how the attack occurred.

According to the Hillsborough County Sheriff’s Office, two deputies were conducting a traffic stop near the home when they heard a child’s screams.

They ran to the scene and found the child in the front yard with the pit bulls standing over home. The child was pronounced dead at the scene around 10:30 p.m.

Investigators claim that the boy and his mother had walked from their home to their aunt and uncle’s residence.

The uncle had crated the two dogs before their arrival.

The boy was apparently eating ice cream in the living room of the house while the adults were in the master bedroom talking.

When they heard the screams, they realized the boy was not in the house. The deputies arrived moments later.

Animal Services responded to the home and took possession of the dogs. According to authorities, this was the first call to the home for a problem with the dogs.

No charges have been filed, but authorities are still investigating.

Animal attacks are actually more common than you may realize. The American Humane Association estimates that 4.7 million dog bites happen in the U.S. every year, with nearly 800,000 of them requiring medical care. Sadly, most dog attacks involve young children.

Nearly half of all dog bites involve children under the age 12, and more than 80 percent of dog bites are treated in hospital emergency rooms and involve children under age 15.

The ASPCA predicts that half of all children in the United States will be bitten by a dog before they turn 12. Most of these bites will be from the family dog or the dog of a neighbor or friend.

If you or your child has been injured in an animal attack, it is important to speak with an attorney as soon as possible to protect your rights. A Tampa Bay Wrongful Death Lawyer will conduct a thorough investigation into the attack, collect any evidence and deal with the responsible parties directly. We can handle the insurance companies involved with the claim so that you can focus on the grieving process and moving forward from this difficult time.

June 30, 2014

Tampa Bay Injury Lawyer :: Fourth of July Fireworks Safety Tips

by Whittel & Melton, LLC

According to the United States Consumer Product Safety Commission, 11,400 fireworks injuries were treated in hospital emergency rooms during the month surrounding July 4th last year. A good amount of these injuries were reportedly from people misusing fireworks. The most common injuries happened from lighting fireworks too close to someone, lighting fireworks incorrectly and playing with lit or used fireworks.

Fireworks normally undergo arduous testing before they are sold to the American public, according to the National Council on Fireworks Safety. However, this does not mean that fireworks cannot be defective. Most fireworks-related injuries are not from defective products, though. Rather, most of these accidents are entirely preventable, and occur due to misusing these explosive devices.

Fireworks can be fun, but it is also very important to use them safely. Follow these guidelines to decrease your chance of experiencing a fireworks-related accident:

Adhere to all fireworks laws in your area and avoid behaving recklessly. In Florida, consumer fireworks are illegal. Nonetheless, state lawmakers passed an exception to this rule allowing fireworks to be purchased by farms and fish hatcheries. In order for vendors to sell fireworks to the general public, all they have to do is have buyers sign forms saying they are actually purchasing under an agricultural exemption.
Follow all instructions on the label and do not try and alter the firework in any way.
If children are going to be around, always have adult supervision and never allow a small child to handle fireworks.
Have a source of water handy in case something goes wrong.
Alcohol and fireworks should not be combined. If you are going to be drinking, leave the fireworks displays to the professionals.
Ignite fireworks in a clear outdoor space. Check and make sure the area is not conducive to fires.
Soak all used fireworks with water before throwing them away.