Pinellas County Injury Attorneys

February 7, 2019

Pedestrian Killed in Feather Sound Crash

by Whittel & Melton, LLC

The Florida Highway Patrol is investigating a crash involving a vehicle leaving the roadway in the Feather Sound area and striking two pedestrians on the adjacent sidewalk, killing one of them, according to reports.

Investigators believe the crash occurred around 5:02 p.m. The driver of the vehicle reportedly failed to negotiate a turn while driving west on Feather Sound Drive.

As a result, the man’s vehicle reportedly left the road and drove onto the sidewalk, where it struck two pedestrians, a 67-year-old man and a 55-year-old woman. The vehicle continued into a ditch before striking a concrete retaining wall.

The 67-year-old man was killed at the scene as a result of the crash, troopers said. The woman sustained minor injuries and was not hospitalized.

The driver sustained serious injuries and was transported to a local hospital.

No further information has been released at this time.

According to the National Highway Traffic Association, a person is harmed in a pedestrian accident every 8 minutes. If you have been injured or lost a loved one in a pedestrian accident, it is very important to obtain legal counsel as soon as possible. It is common for insurance companies to try to place the blame on pedestrians, or make lowball payout offers. Your best defense from unethical practices like this is to consult with our Tampa Bay area Pedestrian Accident Attorneys at Whittel & Melton. We know the law and have extensive experience negotiating with insurance companies.

It is important to not wait too long after the accident to file a claim. Sadly, we see this a lot where victims wait too long to speak with an injury attorney and due to statutes of limitations on injury and wrongful death claims, are no longer able to file a claim. The sooner you pursue legal action for your pedestrian accident, the greater your chance of receiving full and fair compensation.

January 28, 2019

Alcohol a Factor in St. Petersburg Chain Reaction Crash that Killed a Taxi Passenger, Injured Several Others

by Whittel & Melton, LLC

A passenger in a taxi was killed and several others were hurt in a chain-reaction crash Sunday afternoon in which alcohol played a factor, according to St. Petersburg Police.

The crash happened at 38th Avenue N and 49th Street N and closed parts of the intersection for hours.

A 2009 Crown Victoria operating as an Express Taxi, was heading south on 49th Street N with a passenger, when the taxi rear-ended a 2018 Chevrolet Tahoe that was stopped at 38th Avenue N.

The Tahoe was pushed into and hit two vehicles: a 2017 Ford Escape and 2017 Chevrolet SS. The Escape then struck a 2014 Kia Optima, and the Optima was pushed into a 2018 Hyundai Santa Fe, police said.

Three people in various vehicles other than the taxi were taken to hospitals for non life-threatening injuries.

The occupants of the taxi were not wearing seat belts, according to police investigators. They incurred serious injuries and were taken to Bayfront Health St. Petersburg, where the passenger died.

Police said “alcohol played a role in the crash” but didn’t provide more specifics.

The investigation is ongoing, and charges are pending, they said.

Drunk drivers remain the biggest cause of traffic fatalities both in Florida and the U.S. Nearly 11,000 people, about one-third of the nation’s 37,000-plus traffic fatalities, died in 2016 and 2017 due to drivers operating under the influence of alcohol.

If you or someone you love has been injured in a drunk driving accident, you are entitled to financial compensation for your injuries and property damage. In the event that a loved one was killed by an intoxicated driver, you may also be entitled to pursue a wrongful death claim.

Our St. Petersburg Auto Accident Attorneys at Whittel & Melton have considerable experience helping victims of motor vehicle accidents, including those that were the result of drunk driving, pursue legal action for damages. We will conduct a thorough investigation of the circumstances surrounding the accident, including scouring accident reports and police records, in order to determine the responsible party and if drugs or alcohol were a factor.

October 10, 2018

Baby Dies After Being Bit by Family Dog

by Whittel & Melton, LLC

A 7-month-old girl died Friday after she was bitten by the family dog.

Clearwater Fire Rescue responded to a call at the Fairwood Avenue residence about 2:12 p.m. Friday.

Authorities said the girl was being taken care of by her grandparents when a mixed-breed dog bit her.

The girl was transported to Mease Countryside Hospital, where she later died.

As is customary in such cases, Clearwater Police are conducting an investigation, in conjunction with the Department of Children and Families.

The dog has been removed from the home and taken to Pinellas County Animal Services.

Dogs can bring much happiness into our lives as well as decrease stress. Americans own an estimated 70 to 80 million dogs as pets. The sad truth is that sometimes dogs bite, and the aftermath can be deadly. Millions of Americans are bitten by dogs each year, and some of these dog bites cause serious injuries.

Dog bite injuries are the second most frequent cause of visits to emergency rooms among children, according to the Centers for Disease Control and Prevention. Dog bites are responsible for almost 340,000 emergency room trips each year for children 12 years of age and under. Most dog bites, 61 percent to be exact, occur at home or in a familiar place.

October 1, 2018

Pinellas County Named Most Dangerous Place to Bicycle in America

by Whittel & Melton, LLC

Pinellas County has the highest bicycle fatality rate of any major metro area in the U.S., according to federal data. Its per-capita cyclist death rate for the past decade ranks No. 1 among the four counties in the Tampa Bay metro area.

In fact, Florida has by far the highest per-capita bicyclist death rate in the country.

The number of cyclists killed in motor-vehicle crashes nationwide hit 840 in 2016—the most recent data available—according to the National Highway Traffic Safety Administration. That was the most since 1991 and a 35% jump from 2010.

A range of likely reasons explains the rise in deaths, including more overall vehicular traffic and driver distractions, according to people who track transportation trends.

Texting drivers is a huge problem. Alcohol is yet another big factor. In 2015, 22% of fatally injured cyclists, and 12% of drivers in these crashes, had a blood-alcohol content level of at least 0.08, the legal limit for motorists in most states, according to the nonprofit Governors Highway Safety Association.

While cyclist death rates have risen in many states since 2010, the three with the most fatalities since then—Florida, California and Texas—account for about 40% of all cyclist deaths, according to NHTSA, despite having 27% of the nation’s population.

Florida’s numbers are bad even when compared with other warm-weather states. Its recent 10-year cyclist fatality rate was 6.2 deaths per 100,000 residents; that is 59% higher than the rate in Louisiana, the state with the second-highest level.

State transportation officials say they have made a concerted effort since 2014 to boost cycling safety. The Florida Department of Transportation changed its standard width for bike lanes from 4 to 7 feet and now recommends buffered or protected bike lanes. The agency launched a $100 million push in 2016 to better light 2,500 locations where the number of nighttime crashes involving pedestrians and bicyclists was high.

The state agency also lowered speed limits in some places, officials said. Local police have stepped up education efforts on topics such as using lights at night and riding with the flow of traffic.

Cycling deaths in Florida fell to 116 in 2017, the fewest since 2010 and a significant drop from recent years, according to preliminary state data. But so far this year, bike fatalities involving motor-vehicles are trending higher: Through Sept. 23, the state said 95 cyclists had been killed in such accidents, putting it on track for about 130 for the year.

Six of those bicyclists died in Pinellas County, which includes the coastal cities of St. Petersburg and Clearwater.

When a motorist is found to have caused a fatal bicycle accident, they may be liable in a wrongful death lawsuit. While not all fatal accidents are considered wrongful deaths, those that are caused by another person’s negligence are. In Florida, wrongful death lawsuits can be filed by the family, usually the parents, spouse or children of the victim, and any blood relative or adoptive sibling who is “partly or wholly dependent on the decedent for support or services.”

August 20, 2018

Pinellas County Nursing Home Accused of Wrongful Death

by Whittel & Melton, LLC

A Pinellas County resident is suing a nursing home, alleging insufficient measures were taken to prevent injuries and loss of consortium.

A personal representative of an elderly man who passed away filed a complaint July 10 in Pinellas County Circuit Court against FI-Highland Pines, LLC doing business as Highland Pines Rehabilitation Center, alleging failure to provide adequate and appropriate health care and protective and support services resulting in wrongful death.

According to the complaint, the senior suffering from the infirmities of aging, was a resident at Highland Pines Rehabilitation Center. The suit says he developed pressure sores and infections during his stay in the facility, which resulted in pain, suffering, disability, humiliation, mental anguish, health deterioration, malnutrition and wrongful death on April 2.

His heirs say they also suffered the loss of support, love, companionship and incurred substantial expenses in hospitalization, medical care and treatment and funeral expenses.

The suit alleges that Highland Pines Rehabilitation Center failed to provide adequate and appropriate health care and protective and support services resulting in wrongful death.

When you leave a loved one in a nursing home, you expect that they will be safe and well-cared for. You are paying the staff to care for your family member and look after their needs. However, it is all too common for seniors left in nursing homes to suffer from neglect and abuse at the hands of the staff in charge of their care. In the worst cases, incidents of abuse and neglect end up causing death. If the nursing home resident’s death was caused by abuse and neglect, their family members may be eligible to file a wrongful death lawsuit against the nursing home to recover compensation for the loss of their loved one.

July 13, 2018

Nursing Assistant Arrested for Sexually Assaulting Elder in Nursing Home

by Whittel & Melton, LLC

Hillsborough County Sheriff’s Office deputies arrested a Certified Nursing Assistant accused of sexually assaulting an 85-year-old man.

The 35-year-old is charged with one count of sexual battery.

Deputies say that through June 6 and June 9, the man sexually assaulted the man.

The man was allegedly working as a CNA at a senior living home, where the 85-year-old man lived.

The man is currently being held at Orient Road Jail.

Sexual assault in a nursing home or assisted living facility does happen. This can be the result of the facility not conducting proper background checks on every potential employee. When the facility fails to provide proper screening on any employee with a sexual abuse history, they can be held liable for any sexual abuse and/or negligence.

The facility can also be held liable for the sexual abuse because of improper employee supervision. This is often the result of poor training or understaffing. The nursing facility is required to properly train and supervise all employees on the best methods of spotting sexual abuse. When this does not happen, the facility can be held responsible for failing to take proper security measures to protect residents.

May 23, 2018

41.5M Travelers for Memorial Day Weekend, a 5% Hike

by Whittel & Melton, LLC

According to AAA travel club, more than 41.5 million people will travel for the 2018 Memorial Day weekend, which is 4.8% more than last year. This will be the most travelers since 2005 for the holiday period that runs from May 24 through May 28 this year.

AAA goes on to say that 7 out of 8 travelers will be driving despite the most expensive gas since 2014. Gas averaged $2.72 per gallon in April, which was 33 cents higher than last year.

These numbers mean that 2 million more people will be traveling this year, so travel delays could triple along major roads, according to INRIX, a transportation analytics company. The busiest days will be Thursday and Friday, May 24 and 25, according to INRIX. The worst delays will be in NYC, Washington, D.C. and Chicago.

Our Tampa Bay Auto Accident Attorneys at Whittel & Melton want you and your loved ones to be safe this Memorial Day Weekend. We have compiled a few safety tips to get you to and from your destinations safely:

Always obey the rules of the road. Slow down when weather conditions are bad or if you are unfamiliar with the road.
Pull over or switch drivers when you get sleepy.
Put your phone down to limit distractions. Ask a passenger to handle snacks, music, and directions to reduce any further distractions.
Roadside assistance memberships can be a real lifesaver should you have a breakdown. This can also save you time, so consider investing in one.

April 16, 2018

Pinellas County Parents Accuse Hospital of Medical Negligence in Son’s Delivery

by Whittel & Melton, LLC

Pinellas County parents are suing a St. Petersburg hospital, alleging negligence in the delivery of their son.

The couple filed a complaint on April 2 in Pinellas Circuit Court against CHS/Community Health Systems Inc., doing business as Bayfront Health St. Petersburg, alleging the hospital breached professional standards of care and treatment.

According to the complaint, on May 4, 2017, the woman was at Bayfront Health for the delivery of her son who suffered a brain injury during the birth procedure. The lawsuit says the parents suffered irreparable harm, including additional medical costs, time and resources in an attempt to secure medical records as a result of the unlawful practice of the hospital to withhold portions of the records that are crucial evidences to evaluate medical negligence for the woman’s labor and delivery.

The parents allege Bayfront Health St. Petersburg violated state and federal laws pertaining to their right to health information.

Medical malpractice or negligence cases involve a complex set of rules regarding standards of care. To be successful in these cases against negligent medical providers, you need a Pinellas County Medical Malpractice Attorney at Whittel & Melton who understand the complicated legal facets of your case and can tackle even the most daunting of opponents on your behalf.

We pride ourselves on helping those who have been injured by the negligence or carelessness of doctors, nurses, OB-GYNs and other medical providers in Pinellas County and throughout the state of Florida. Many labor and delivery medical malpractice cases involve:

Birth injuries
Misdiagnosis or delayed diagnosis
Brain injuries
Spinal cord injuries
Defective medical devices
Dangerous drug interactions
Prescription medication errors
Surgical mistakes
Anesthesia errors

March 1, 2018

Speeding Car Crashes into St. Pete Home

by Whittel & Melton, LLC

A speeding car was apparently trying to flee law enforcement early Thursday morning when it crashed into a St. Petersburg house, according to law enforcement.

The 27-year-old driver suffered non-life threatening injuries and was taken to a local hospital.

Deputies say that drugs were found inside the car and that the investigation is ongoing.

He was charged with trafficking in cocaine, trafficking in MDMA, possession of hydromorphone, possession of marijuana, and reckless driving.

Just before 2:45 a.m., the Pinellas County Sheriff’s Office was conducting a traffic stop when the car took off, with one of the deputies trying to stop it, authorities say.

A violent crime task force unit happened to be in the area and it spotted the car being driven recklessly at a high speed, according to deputies.

The unit and Pinellas County Sheriff’s Office deputies did not try to stop the speeding vehicle, but did keep an eye on it, authorities said.

At around 2:52 a.m., the car crashed into a home on 5301 10th St. North, deputies say, adding that the person in the house at the time was not hurt.

Speeding is one of the largest contributing factors to any auto accident. Speeding is a negligent driver behavior that is not only illegal, but extremely dangerous, as this case shows. It is also more likely that those who drive faster than posted limits do so on a regular basis.

If your accident was the result of another person’s negligence, you have the right to file a claim for financial compensation. Filing an auto accident accident lawsuit can help victims recover damages for property loss, medical expenses, lost wages, pain and suffering and so much more. Our Tampa Bay Auto Accident Lawyers at Whittel & Melton can help you through the claims process so that you receive full and fair compensation for your losses.

November 20, 2017

Thanksgiving Is One Of The Deadliest Days To Be On The Road

by Whittel & Melton, LLC

Many Americans look forward to Thanksgiving every year as it truly is one of the happiest days of the year. While endless families throughout the United States are enjoying the day with their family, eating turkey, and getting ready for the rest of the holidays, others are battling with dangerous and reckless drivers sharing the roadway. As with any other holiday, accidents and injuries run rampant during the Thanksgiving holiday period.

The reality is, holidays always make the roads a bit riskier. There is always an influx of traffic because everyone is heading to a destination on or around the same day. Sadly, more drivers on the roads means more accidents. Many people are driving in unfamiliar areas, so they are probably more likely to be distracted by their phone, texts, phone calls, or GPS navigation systems. More drivers also means more traffic, which can lead to high-stress situations and reckless driving. Lastly, more people consume alcohol on holidays, so there is an increase in the number of drunk drivers on the roadways. DUI accidents usually spike on Thanksgiving weekend.

Our Tampa Bay Auto Accident Injury Lawyers at Whittel & Melton want to advise anyone out on the road during Thanksgiving weekend to be safe and obey the rules of the roads. Keep an eye out for dangerous drivers, and make sure you are not one yourself.

If you or a loved one is injured this Thanksgiving holiday, we are here to help. We know how devastating car accidents can be, which is why we are dedicated to doing everything in our power to help you through this difficult time. Whether you are seeking legal counsel and care for your medical bills, emotional distress, or loss of work and wages, we are here for you in your time of need.