Articles Posted in Hillsborough County Injury Attorney

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A pedestrian was killed Saturday night in Brandon after being hit by a Jeep , according to the Hillsborough County Sheriff’s Office.

The incident happened around 11:30 p.m. along Parsons Avenue South.

Deputies believe the 44-year-old pedestrian crossed Parsons Ave. into the direct path of a Jeep for unknown reasons.

The woman was struck and thrown to the east shoulder of the roadway. She died at the scene.

The driver, a 30-year-old woman, told investigators she did not see the pedestrian until she was right in front of the vehicle.

Investigators believe the woman may have been intoxicated at the time.

No other details have been released.

Drivers who have consumed alcohol and then get behind the wheel of a car are more likely to make poor decisions and less likely to adjust to any abrupt changes in traffic conditions. Alcohol can affect your judgment, impair your motor functions and alter your depth perception, which is why a good amount of Tampa Bay DUI crashes result in very serious or fatal injuries.

If a drunk driver has killed someone you love, it is imperative to act quickly in order to ensure that they are held responsible for your losses. When a loved one is killed, the surviving family members may be able to pursue a wrongful death lawsuit.

It is important to understand that even if the driver responsible for your loss is convicted for drunk driving, it will not automatically result in a financial settlement. Our Tampa Bay Pedestrian Accident Lawyers at Whittel & Melton will help protect your rights and make sure that you are offered fair and full compensation for your losses.

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Congress passed the Pedestrian Safety Enhancement Act in 2010. The law noted that hybrid vehicles are very quiet, especially when driven below 18 miles per hour. Due to this,  Congress required the National Highway Traffic Safety Administration to develop regulations for noise alerts on these silent hybrid vehicles by January 2014. This deadline was then extended to November 2015, and then to March 2016. Auto makers are expected to have 18 months to comply with the new mandates once they are issued.

Sadly, in the meantime, pedestrians remain at risk. Pedestrian accidents have actually increased since 2009, and the fact that people cannot hear hybrid and electric vehicles approaching the same way that they can hear traditional gas-powered vehicles places pedestrians at a greater risk of becoming involved in an accident.  

Drivers should always keep a close watch out for all pedestrians, especially those who may be blind, distracted or need extra time crossing the street.

If you have suffered harm from a pedestrian accident in Tampa Bay, you may have the right to recover for your past, current, and future medical expenses, lost income, out-of-pocket expense related to the accident and pain and suffering.

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Officials said two toddlers nearly drowned in Clearwater over the weekend.

On Saturday, a 1-year-old boy was found face down in a 55-gallon drum of water, according to reports. The incident occurred sometime after 6 p.m. Saturday at a home located in the 2500 block of Highland Acres Drive.

According to investigators, the child was with his father in the backyard of the home. The boy wandered off while his father was working in the backyard and when the dad noticed the child was gone, he went to look for him.

The father found the baby face-down in the water, and he pulled his son from the water and performed CPR until paramedics arrived.

Dunedin Fire Rescue said the boy had a pulse and was breathing when they arrived. He was taken to Mease Countryside Hospital for life-threatening injuries.

Investigators believe the drum of water was partially buried in the ground and being used as a tilapia farm.

Second Toddler Found in Clearwater Pool

Police also reported that a 2-year-old boy was found in a backyard pool Sunday morning.

The incident happened at 10:30 a.m. at a house in the 2000 block of Buford Boulevard.

Police said that family members pulled the boy from the pool and administered CPR until Clearwater Fire & Rescue crews arrived. The firefighters were able to regain a heartbeat before taking him to Mease Countryside Hospital.

The toddler was later flown to Tampa General Hospital in critical condition.

Officials believe several people were at the house at the time of the incident. They think the child was in the pool for less than five minutes.

Private pools pose the greatest risks for drowning, especially for children that are too young to know how to swim. This is why it is critical for parents to accompany their kids when poolside or in the water at all times to prevent tragedies. At Whittel & Melton, our Tampa Bay Swimming Pool Accident Lawyers understand that no one can be completely vigilant 100 percent of the time. However, this is why restricting access to swimming pools as much as possible is essential. The Consumer Product Safety Commission recommends a four-foot-high fence with a locking gate that should run around the entire perimeter of any backyard pool, at minimum. Unfortunately, builders and homeowners often fail to include this safety feature because a fence would ruin the look of a deck, patio or yard.

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Who is responsible for your injury after a slip and fall or trip and fall accident? That depends. There are numerous factors when it comes to determining fault, but most importantly is where you fell, and whether it is public property, a business, or a residence.

Premises liability law establishes when residential and business owners are responsible for injuries that occur on their property. If you fall in a store or on some area of their property, like the parking lot, then the store could be liable for your injury if the injury was caused through its negligence. On that same note, if you are a guest in someone’s home and you suffer an injury as a result of the owner’s negligence, the homeowner may be liable.

How To Prove Your Claim

In order to be successful in a slip and fall or trip and fall case, you must show that there was a dangerous condition that the property owner was aware of or should have been aware of. The owner failing to remedy the dangerous condition caused you harm and it was foreseeable that someone could get hurt from it. In other words, there has to be a negligent party. If you just happened to slip, trip or fall for no apparent reason, then there may not be a responsible party other than yourself, which obviously creates an impossible burden for your claim. In the end, our job as lawyers is to investigate not only the mechanism of injury, learn how it could be avoided and determine if an insurance policy was paid for with the intent of compensating you for your injuries. Unfortunately, all the “good hands” in the world won’t start dialing your house most likely unless we call them first.

However, if you were harmed due to a real hazard, who you name in your lawsuit will depend on the details of your slip, trip or fall. If you were hurt at a retail store in the mall, there may be multiple parties, including the store, mall management, a security company, and possibly other entities.

When you fall at a residential property, the liable party is usually the property owner. If you are hurt in a rental and the tenant is responsible for handling repairs, then that person could be to blame.

When it comes to injuries on municipal properties, sidewalks and parks, it can be tricky to establish fault, but there is sometimes someone to blame for it, possible even the city or state.

Call A Tampa Bay Premises Liability Lawyer at Whittel & Melton – 727-823-0000

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After a day spent with family and friends feasting and watching football, many Americans will head out for a day filled with holiday shopping, better known these days as Black Friday. Stores throughout the Tampa Bay area have been advertising deals for weeks, and many shoppers will start lining up outside the stores after Thanksgiving dinner is finished.  Some stores have special deals that start on Thanksgiving night.

Black Friday often results in an increased risk of accidents and injuries. Mall parking lots will be crowded with pedestrians, shopping carts, drivers searching for parking spots, and children of all ages and sizes. According to Progressive Insurance, parking lot related accidents increase 36.5 percent on Black Friday. Progressive also reports that rear-end collisions account for 12.57 percent of claims. Hitting a parked car or having your parked car hit by someone else accounts for 11.13 percent of claims. Backing into another car or having your car backed into accounts for 7.68 percent of claims.  

When stores first open on Thanksgiving evening or Black Friday, there is the risk of overly enthusiastic shoppers to stampede to get to the special sale items. Be aware of your surroundings so that you can avoid any accidents. Slip and fall accidents can also happen inside stores quite easily. Wet floors, large crowds, pushing and shoving can all lead to slip and fall or trip and fall accidents. Head and other bodily injuries from falling merchandise or careless customers can be serious and ruin the holidays.

Shopping cart injuries are also becoming more common on Black Friday. Shoppers should be overly cautious to make sure their carts do not tip over and that small children are properly secured. According to reports, nearly 24,000 children are treated in U.S. emergency rooms for accidents related to shopping carts every year. While falls from the shopping cart are the most common injuries, injuries from running into or falling over the cart, cart tip-overs and entrapment of extremities in the cart are also common. Always pay attention to children when shopping, and pay special mind to the potential for accidents when it comes to shopping carts.

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A motorcyclist was killed in a crash in Clearwater on Friday morning.

According to reports, a 22-year-old was driving a motorcycle eastbound on Belleair Road at a high rate of speed east of Belcher Road when he collided with a 2001 Buick Century, driven by 78-year-old man, who was pulling out of a driveway.

The biker was ejected from the motorcycle, and died at the scene.

According to statistics from the U.S. Department of Transportation, there are more than 200 people who are killed every year in the United States and another 17,000 injured in backover accidents. Backover accidents happen when a driver is backing up their vehicle and hits an object, pedestrian, bicyclist, motorcyclist, etc. that they did not see, usually because of a blind zone in the vehicle. SUVs and trucks are notorious for having blind spots, and their increasing popularity has only resulted in more reports of backover fatalities. Trucks and SUVs are responsible for a whopping 60 percent of backover tragedies.

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A Seminole woman was killed Saturday evening when she was hit by an SUV while riding her bicycle.

The crash occurred just before 7 p.m. on the east side of the 8600 block of Seminole Boulevard.

The 68-year-old woman was riding her bicycle on the sidewalk when a 2003 Ford Expedition pulled out of the Florida Mobile Home trailer park, preparing to turn right, according to reports.

Deputies believe the driver of the Expedition did not see the woman and hit her.

The woman was taken to Largo Medical Center, where she was pronounced dead.

Neither alcohol nor speed appear to be factors in the crash, according to deputies.

The investigation is ongoing.

When in an accident with an automobile, bicycle riders are at an increased risk for serious injuries. Any motor vehicle can cause serious, catastrophic injuries to an unprotected bike rider.

Our Tampa Bay Auto Accident Lawyers at Whittel & Melton are dedicated to helping bicycle riders who have been injured as a result of a vehicle operator’s negligence.  Bicycle accidents most often occur due to:

  • Driver failing to stop for a bicycle rider at a crosswalk
  • Vehicle failing to stop at a stop sign
  • Distracted driver on the cell phone or texting while driving
  • Sideswiped by a vehicle making a turn at an intersection
  • A vehicle turning into a driveway
  • A vehicle backing out of a driveway
  • Being struck while riding on a sidewalk

Our Tampa Bay area personal injury lawyers at Whittel & Melton have extensive experience in representing bicycle accident victims. We are very familiar with the complicated laws that govern bicycle use in the state of Florida. We understand that many insurance companies are quick to place the blame on the the bicycle rider, which is why we fight aggressively to stand up for your rights.  

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If you are like most Americans, you will be celebrating Halloween this weekend. Halloween is quite a fun holiday, providing you with the opportunity to dress up in a unique costume and eat a lots of candy! Halloween is known by children for its trick or treating, and for good reason. This year alone, Americans are projected to spend $2.1 billion on Halloween candy!

Around 41 million trick or treaters between the ages of 4 and 15 are expected to be out on the streets this Halloween. And while Halloween is a spooky fun holiday, it is important to not forget the list of potential dangers that can arise. Serious injuries can occur, ranging from pedestrian accidents, dog bites and even slip and falls or trip and falls. The following safety tips can ensure that you and your family and friends stay safe this Halloween while out and about in the Tampa Bay area.

Tips for a Safe Halloween

  1. Carry a flashlight with you while stomping through the streets. A flashlight can warn motorists that you are on the road and help illuminate your walking path so that you can clearly see ahead and avoid a trip and fall accident.
  2. Put reflective tape on your children’s costumes, and even their candy bags, so that they can easily be seen at night. You want to make sure your children are as visible as possible when out trick or treating. Accidents usually occur when drivers cannot see children.
  3. Make sure your child can walk in his or her costume and that it is not too long. You may need to hem or trim the bottom of the costume to avoid any unnecessary falls.
  4. Never let your child go out trick or treating alone. Make sure your kids are in a group and escorted by a parent or guardian.
  5. Remind children to stay away from dark houses.
  6. Inspect all candy before you let your children dig in.

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A Bradenton man riding a scooter was killed Sunday night after being hit from behind by a SUV on State Road 70, according to reports.

The 41-year-old man was riding a scooter east on State Road 70 near the I-75 interchange around 7:20 p.m. when a Jeep Liberty changed lanes behind him and crashed into the scooter, the Florida Highway Patrol said.

The man was thrown from the scooter and transported to Lakewood Ranch Medical Center, where he later died.

The driver of the Jeep, an 18-year-old, was cited for careless driving, according to the FHP.

The most common scooter and moped injuries are fractures, broken bones, back and spine injuries, and head trauma. While some of these injuries can heal with time, others can have permanent, life-changing effects. In some tragic cases, scooter accidents can result in wrongful death. Scooter and moped riders should always wear helmets when operating their vehicles. However, even when riders use their safety equipment and drive defensively, they are still among the most vulnerable drivers on the road due to the lack of protection that these motor vehicles provide compared to passenger vehicles.

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A 13-year-old boy suffered minor injuries Tuesday morning after he was hit by a vehicle while riding his bike in Tampa.

According to the Hillsborough County Sheriff’s Office, the crash occurred shortly after 8 a.m. at the intersection of West Waters Avenue and Riverwood Boulevard.

Deputies believe the boy was riding his bicycle when a vehicle at the intersection turned and struck him.

The boy received minor abrasions to his hands and was transported to St. Joseph’s Hospital to be checked out.

The driver was not cited.

A parent’s worst nightmare is seeing his or her child suffer an injury of any kind and deal with the pain as well as the healing process. Sadly, many children are the victims of other people’s negligence, which can result in serious harm. Even worse, sometimes another person’s carelessness or recklessness can lead to the accidental loss of a child. When this happens, the parents may have the right to bring a claim for wrongful death and seek compensation for the loss of their child.

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