Pedestrian Accidents

March 4, 2016

Pedestrian Cited in Fatal St. Pete Scooter Crash

by Whittel & Melton, LLC

Pinellas County sheriff’s investigators have cited a pedestrian for contributing to a crash that resulted in the death of a motor scooter operator in St. Pete Beach last month.

The crash occurred at the intersection of 70th Avenue and Gulf Boulevard in St. Pete Beach on Feb. 2.

According to investigators, the 18-year-old pedestrian was crossing Gulf Boulevard from east to west at the intersection of 70th Avenue, and was not utilizing a crosswalk when he walked into the path of a motor scooter that was being driven by a 72-year-old man.

The pedestrian collided with the man’s motor scooter causing the biker to lose control and fall to the ground.

The motorcyclist was transported to a local hospital where he was pronounced dead. The pedestrian sustained minor injuries as a result of the crash and refused medical attention.

The initial report indicated the man had suffered a heart attack following the crash. The Medical Examiner’s Office conducted their investigation and determined that the man’s death was caused by blunt trauma resulting from the crash. The manner in which he died was determined to be an accident.

The pedestrian received a Uniform Traffic Citation for failure to yield to the right of way for a vehicle.

Even though pedestrians do generally have the right-of-way, there are cases where they can be liable for a car accident. In a pedestrian vs. motor vehicle accident, the pedestrian can actually be to blame, either wholly or partially.

The following are the most common scenarios under which a pedestrian may be found at least partially at fault for an accident involving a scooter or other type of vehicle:

Jaywalking – crossing in the middle of the street, outside of a crosswalk
Crossing against the traffic signal – in the crosswalk but against a red “Do Not Walk” command
Entering a street or highway while intoxicated
Walking along highways, bridges, or causeways where pedestrian access is prohibited.

February 25, 2016

Hybrid Vehicles Pose Risk to Pedestrians

by Whittel & Melton, LLC

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.

February 8, 2016

Scooter Driver Hits Pedestrian in St. Pete Beach

by Whittel & Melton, LLC

A St. Pete Beach man crashed his motor scooter into a pedestrian Tuesday, according to deputies.

The crash happened at 3:02 p.m. at the intersection of 70th Avenue and Gulf Boulevard on St. Pete Beach.

The 72-year-old man was riding his 1985 Honda Elite motor scooter north on Gulf Boulevard when he hit an 18-year-old pedestrian, who was crossing at the intersection.

November 27, 2015

Avoid Black Friday Shopping Hazards

by Whittel & Melton, LLC

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.

November 16, 2015

Pedestrian Struck and Killed in By Truck in Pinellas County

by Whittel & Melton, LLC

A pedestrian was hit by a pickup truck and seriously injured in Seminole on Saturday evening, according to authorities.

The 51-year-old man of Clearwater was crossing 54th Avenue N. at Seminole Boulevard inside the crosswalk, but against the “Don’t Walk” pedestrian signal, around 6:50 p.m., the Pinellas County Sheriff’s Office said.

He was struck by a a 2013 Dodge pickup truck driven by a 24-year-old man.

Investigators believe the driver was apparently driving the speed limit when she saw the pedestrian at the last minute and swerved unsuccessfully to miss him.

The pedestrian was taken to Bayfront Health St. Petersburg with life-threatening injuries.

Detectives say the pedestrian may have been impaired at the time, but the truck driver showed no signs of impairment.

There are a number of injuries that can be sustained as result of a pedestrian being involved in a truck accident:

Brain Traumas

Broken Bones
Skull Fractures
Concussions
Internal Injuries
Mental Trauma
Dislocations
Hernias
Disfigurements
Lifelong pain and suffering
Wrongful Death

November 4, 2015

Pinellas County Woman Struck, Killed While Riding Bicycle

by Whittel & Melton, LLC

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.

October 29, 2015

Be Safe This Halloween

by Whittel & Melton, LLC

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

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.
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.
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.
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.
Remind children to stay away from dark houses.
Inspect all candy before you let your children dig in.

October 16, 2015

13-Year-Old Boy Suffers Minor Injuries After Being Struck by Car In Tampa

by Whittel & Melton, LLC

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.

July 10, 2015

Two Pedestrians Injured in Clearwater Crash

by Whittel & Melton, LLC

Two pedestrians were injured in Clearwater Thursday morning after they were struck by a vehicle.

According to Clearwater police, a man and woman were struck by a Mitsubishi Outlander SUV while walking on Gulf to Bay Boulevard and Meadow Lark Lane just after 5:30 a.m.

Officers said the pair was trying to cross Gulf to Bay when they were hit by the car. According to officials, the man was trying to get the woman out of the way when they were hit.

The woman was taken to St. Joseph’s Hospital in Tampa. The man was taken to Bayfront Health St. Petersburg.

The driver of the SUV, a 67-year-old Clearwater man, was not injured.

The crash is still currently under investigation.

Drivers must exercise reasonable care when behind the wheel of a vehicle. Failure to do so is considered negligence. The most common factors contributing to driver negligence include:

Distracted Driving
Speeding
Failing to Yield the Right of Way to Pedestrians at Crosswalks
Disobeying Traffic Signs or Signals
Failing to Signal while Turning
Disregarding Weather or Traffic conditions
Driving Under the Influence of Drugs or Alcohol

Just like drivers, a pedestrian must also exercise reasonable care for his or her own safety. Contributory negligence can be a factor in accidents if it can be found that a pedestrian failed to exercise such care and contributed to the cause of their own injuries.

The most common factors contributing to pedestrian negligence are:

Ignoring the “Walk” Signal at an Intersection
Disrupting the Flow of Traffic
Failing to Use Marked Crosswalks
Darting in Front of a Vehicle

January 16, 2015

Gibsonton Man Dies in Pedestrian Accident

by Whittel & Melton, LLC

A 38-year-old Gibsonton man was killed Wednesday evening while walking along the northbound shoulder of U.S. Highway 41.

According to the Florida Highway Patrol, the man was struck by a vehicle at 6:18 p.m.

Troopers believe the man was not using an available sidewalk when he was hit by a Ford Focus driven by a woman who claims she did not see the victim.

The man was taken to Tampa General Hospital, where he later died from his injuries. The woman was not injured.

As of now, no charges have been filed.

If an innocent person is killed because of somebody else’s negligent, careless or deliberate actions, it is only fair to hold that party responsible for the victim’s death. While every case has a unique set of facts, if negligence is found to be a factor in the collision, then the family of a pedestrian accident victim may be justified in filing a wrongful death claim against the at-fault driver who caused the fatality.

It is important to note that anytime a person travels on foot near a roadway, they are assuming some amount of risk by doing so. There are several thousand pedestrians who are killed in motor vehicle collisions every year in this country, and even more are injured in pedestrian accidents each year.

One of the most common causes of tragic pedestrian accidents is distracted driving. Motorists can become distracted when behind the wheel in numerous ways, including talking on cell phones, texting, eating food and even applying makeup. The simple act of changing stations on a car radio can be enough to distract a driver to the point where they fail to take notice of a serious traffic situation directly in front of them.