Pedestrian Accidents

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.

October 17, 2014

Pregnant Woman Suffers Critical Injuries after Being Struck by Tow Truck in Downtown St. Pete

by Whittel & Melton, LLC

Police are further investigating an accident that critically injured a 7 and a half month pregnant woman in downtown St. Petersburg Wednesday afternoon.

The 36-year-old mom-to-be was struck by a tow truck near the intersection of 3rd Street North and 1st Avenue North around 2:30 p.m.

According to police, the woman was crossing 1st Avenue North just west of the crosswalk when the truck attempted to turn left onto 1st Avenue North.

The woman was halfway across the center lane when she was hit and knocked down, striking her head on the pavement, according to police.

The light for the truck driver was yellow at the time, according to reports.

The woman was taken to Bayfront Hospital with critical injuries.

No further information regarding the woman’s injuries or the crash is available at this time.

Car crashes, no matter how minor, can present a number of unique risks to pregnant women. The most serious types of after-effects can include preterm labor, miscarriage, internal bleeding, hemorrhaging, birth defects, and the possibility of a high-risk pregnancy that did not exist before the collision. A high risk pregnancy can create a number of complications to both the mother and unborn child before, during and after the birth.

The less serious risks for a pregnant woman can include stress and emotional duress. Mental anguish can often result from the trauma of a car accident, child birth complications, or, in some cases, the loss of the child.

Studies have shown that an expectant mother’s immediate actions following an auto accident are crucial to ensure the best possible treatment and overall outcome for the mother and child.

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.

June 23, 2014

Polk County Pedestrian Injury Lawyer :: Auburndale Man Hit, Killed by Polk Sheriff’s Patrol Car

by Whittel & Melton, LLC

A 56-year-old man was killed early Friday morning in Auburndale after he was struck by a Polk County Sheriff’s patrol car, deputies said.

The crash occurred at 6 a.m. at the intersection of 42nd Street and Havendale Boulevard.

According to investigators, a 21-year-old deputy had just completed his shift and was driving home in the eastbound lanes of Havendale Boulevard in his patrol car. As he approached the intersection of 42nd Street, the 56-year-old man apparently stepped into the path of his patrol car.

The man died at the scene from his injuries.

Investigators claim that the preliminary information shows that the traffic light was green and that the deputy had the right of way.

Officials believe the deceased had a history of routinely wandering into parking lots and onto Havendale Boulevard to ask drivers for money. Earlier this month, deputies said they received two separate reports of the man walking into traffic at Havendale and 42nd Street, once at 11 a.m. and another at 5 p.m.

The Polk County Sheriff’s Office Traffic Homicide Unit will conduct the initial investigation into the crash. Following this, their findings will be reviewed by the PCSO Administrative Investigation’s Section. The State Attorney’s Office will also review any reports.

The deputy has been placed on paid administrative leave pending the outcome of the investigation.

The intersection was closed briefly while deputies investigated the scene. The intersection reopened just after 11 a.m.

No additional details have been released.

Government officials, just like all other people, are very capable of making mistakes. With that said, the law does in fact recognize that government officials can sometimes be liable for accidents, and allows the accident victim to recover just the same as if the accident involved a private citizen. For this case, the fact that the driver was a police officer should not decrease the accident victim family’s chances of obtaining a full recovery for the death of their loved one should the accident have been caused by the officer’s negligence or carelessness.

When an accident is caused by a government employee, the accident victim or the accident victim’s family may be able to hold the city, state, or local government office responsible for their injuries or loss. For the most part, government officials have immunity from personal injury or wrongful death suits. But, if it is found that the official acted negligently or recklessly and harmed another human being, that immunity is waived.

June 9, 2014

Tampa Bay Pedestrian Injury Attorney :: Brother and Sister Struck by Car Crossing Bearss Avenue After School

by Whittel & Melton, LLC

A brother and sister were struck by a car while leaving middle school on the last day of the school year on Friday leaving them hospitalized.

According to friends and witnesses, the girl was hit while she was trying to pull her brother out of the way of the car.

The brother and sister, both students at Buchanan Middle School, were struck by a Honda Civic heading east on Bearss Avenue. The siblings were attempting to cross the busy four-lane road at about 1:30 p.m. According to the Hillsborough County Sheriff’s Office, both were in stable condition at St. Joseph’s Hospital.

The girl, 15, who finished eighth grade at Buchanan, suffered a broken ankle, and the boy, 12, endured a head injury.

Five students, including the brother and sister, were following a group of about 25 students who were heading to a nearby park to celebrate the end of the school year. The first group made it successfully across Bearss Avenue at Monet Drive, which does not have a crosswalk.

When the brother and sister and their three friends crossed, they stopped at the median, but the 12-year-old boy kept walking. His sister reached out and grabbed his shirt to keep him from getting hit, but as a result, they were both struck by the vehicle.

The sheriff’s office said the boy is a special needs child.

When it comes to pedestrian safety, there are steps that both motorists and pedestrians can take to decrease dangers. Drivers approaching intersections or crosswalks should not let distractions affect their awareness of pedestrians in the area. Additionally, motorists should signal turns and know right-of-way rules. Pedestrians should only cross roadways in specified areas. Most drivers are alert in these areas as they expect to see pedestrians in these locations and can be prepared to stop. It is also important for pedestrians to try and make eye contact with drivers when they can, so that they can be alerted that the pedestrian is going to cross the street.

Pedestrian accidents can cause serious injuries that usually result in a long recovery period. Most victims of pedestrian accidents require extensive treatment for their injuries, and then must undergo rehabilitation and physical therapy to get back to living a normal life. This can result in exceptionally pricey medical bills.

May 29, 2014

Tampa Bay Auto Accident Attorney :: Tampa Bay Area Ranks Second in New Study On America’s Deadliest Cities for Pedestrians

by Whittel & Melton, LLC

A recent study shows that the Tampa Bay area, including St. Petersburg and Clearwater, is one of the most dangerous cities for pedestrians. In fact, Tampa took second place in the top 10 deadliest metro areas for walkers.

The new report from the National Complete Streets Coalition, Dangerous By Design 2014, used a Pedestrian Danger Index to rank the deadliest places to walk in America. Florida is home to the top four cities.

Top 10 Deadliest Cities for Pedestrians:

Orlando-Kissimmee, Florida
Tampa-St. Petersburg-Clearwater, Florida
Jacksonville, Florida
Miami-Fort Lauderdale-Pompano Beach, Florida
Memphis, Tennessee-Arkansas-Mississippi
Birmingham-Hoover, Alabama
Houston-Sugar Land-Baytown, Texas
Atlanta-Sandy Springs-Marietta, Georgia
Phoenix-Mesa-Scottsdale, Arizona
Charlotte-Gastonia-Concord, North Carolina-South Carolina

And here are the 10 safest metros for pedestrians:

Boston-Cambridge-Quincy, Massachussetts-New Hampshire
Pittsburgh, Pennsylvania
Seattle-Tacoma-Bellevue, Washington
New York-Northern New Jersey-Long Island, New York-New Jersey, Pennsylvania
San Francisco-Oakland-Fremont, California
Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin
Portland-Vancouver-Beaverton, Oregon-Washington
Chicago-Naperville-Joliet, Illinois-Indiana-Wisconsin
Rochester, New York
Cleveland-Elyria-Mentor, Ohio

You can view the full list here.

The study looked at people who walk to work as well as respective cities’ fatality numbers. Through this research it was found that 47,025 pedestrians died as a result of car crashes between 2003 and 2012. Another 676,000 were injured in pedestrian-related accidents.

Pedestrian accidents are most likely to occur in the following settings:

Urban Areas
Nighttime
Clear Weather
Non-intersections

If you are going to be travelling on foot in Tampa or anywhere else in Florida or across the U.S., please follow the below tips:

Always use crosswalks and sidewalks when they are available for use.
Watch out for things going on around you. Just because you are on a sidewalk does not mean you are in the clear. Pedestrians are often overlooked by passing cars, so keep your eyes open and stay alert.
Never assume that a driver can see you.
Do not walk near freeways, restricted-access highways or other dangerous roadways where signs indicate that pedestrians are prohibited.
Avoid distractions while you are walking, such as texting, playing video games, talking on the phone and other disruptions.
Do not walk near traffic while under the influence of alcohol or drugs.

April 21, 2014

Tampa Bay Pedestrian Accident Lawyer :: School Board Starts Shuttle for Students along Hillsborough Avenue to Minimize Pedestrian Accidents

by Whittel & Melton, LLC

A new shuttle service made its debut Monday to haul students to and from school near a busy stretch of Hillsborough Avenue that has had deadly pedestrian accidents.

The shuttle was started to protect students, and runs from the Meridian Pointe Apartments to nearby Middleton High School. Officials with the Hillsborough County School system believe the shuttle provides students with a great alternative from crossing the busy street mid-block.

There is a crossing several blocks away at 22nd Street.

On March 17, two sisters, 14 and 15, were hit while trying to cross east Hillsborough Avenue near 25th Street to get to school. The 15-year-old sister died from her injuries on March 22. The 14-year-old is recovering from a broken arm.

The 15-year-old girl was the second student killed in the location since 2011.

The Florida Department of Transportation has also been examining this busy stretch of the roadway. There are plans to add 125 new lights along Hillsborough Avenue between Nebraska Avenue and 50th Street.

Until this project is completed, the shuttle will continue to pick up students every morning starting at 6:45 a.m. for the rest of the school year.

While these new projects and services may work to minimize the number of accidents in the Tampa Bay area, there are many steps that both motorists and pedestrians can take to help improve safety. Drivers approaching intersections or crosswalks should always keep an eye out for pedestrians in the area. Motorists should always be aware of right-of-way rules and abide by them as well as use their turn signals properly. Pedestrians should be alert when in the roadways and only cross in designated areas. Most motorists are prepared to see pedestrians in these locations and can be prepared to stop. It can be a good idea for pedestrians to make eye contact with drivers so that they know the pedestrian is planning to cross the street.

Unfortunately, pedestrian accidents can result in serious injuries that take a long time to heal from, or worse, death. Victims who do recover from these accidents must often spend a significant amount of time receiving treatment for their injuries, and then must endure rehabilitation in order to resume their normal life. This can bring about costly medical bills both now and in the future.