Pinellas County Injury Attorneys

June 29, 2016

Put Safety First At The Pool This Summer

by Whittel & Melton, LLC

It’s summer! That means it is time to get to the pool and cool off with friends and family. There are pool parties, family gatherings and just pure summer fun all centered around the pool. Tampa can get pretty toasty in the summer months, so you and the kids are bound to take a dip in the pool a few times, if not daily.

Swimming pools are awesome, but they can also present some hazards to kids. However, if you follow the safety tips listed below you can stay cool and safe.

An Adult Needs To Supervise Kids At All Times!

Kids have to be monitored 24/7 by an adult whenever they are near water. Some parents are OK with passing this responsibility off to a teen babysitter, but we urge you to reconsider. Teens can get distracted way easier than adults. Looking away or stepping away from the pool for even a few minutes can prove deadly. It is best to follow the 10/20 rule: Check the pool every 10 seconds and make sure you are close enough to get to a child in distress within 20 seconds.

Install A Fence And Gate Around Pools

Pools should be enclosed with a fence and a gate. This makes it a lot harder for small children to gain access to the pool unsupervised. Children can find ways around gates and fences, so try to keep anything they can stack to climb over the fence out of their reach.

Safety Devices Can Malfunction

“Water wings” and life jackets can deflate, puncture, etc. Don’t rely on these to help your youngsters. Teach your kids to swim or enroll them in swimming lessons.

Keep A Fully Charged Cell Phone Nearby

Accidents can happen in mere seconds. Having a phone close could save a life if a medical emergency arises. It is also a good idea to have your address clearly listed on spot that guests can easily find in case an emergency occurs when you are not there and the emergency operator needs it.

Empty Kiddie Pools After Every Use

Children can drown in very small amounts of water because they do not have the upper body strength to pull themselves up. Leaving a kiddie pool filled with water near the house could be disastrous as kids can easily fall in and drown.

Watch Your Alcohol Intake

Pool festivities often involve alcohol. Just keep this mind: drinking can cause your focus to drift away from the main task at hand, which is watching the little ones swimming or playing near the pool.

Nix The Horseplay

Don’t let kids play too rough or try to perform any crazy tricks. Cannonballs and backflips should be left to the professionals.

June 28, 2016

Leaving Children in Hot Cars Is Dangerous

by Whittel & Melton, LLC

Each year, numerous accidental deaths occur when children are left inside hot vehicles. Since 1998, an average of 37 US children have died every year from being left inside hot cars. A good amount of these were caused by lack of attention and could have been prevented. In these cases, vehicular heatstroke can be a wrongful death case.

According to statistics from 1998 to present, children left inside cars are the result of three primary circumstances:

In 54 percent of cases the child was ‘forgotten’ to be in the car.
In 29 percent of cases, kids were playing unattended inside a car without the knowledge of the caregiver.
In 11 percent of cases, the child was intentionally left inside the car generally while the adult ran an errand.

Within minutes of being left inside a hot vehicle, a child is in serious danger. The following tips can help you prevent making a lethal mistake:

Never Leave A Child Alone In A Car. Sadly, 53 percent of all the children who died from vehicular heatstroke were under the age of 2. Some of this is because caregivers/guardians did not want to disturb sleeping infants or deal with unbuckling car seats for a “quick stop.” The truth is that even a few minutes can be fatal. The inside of a car can heat up to 110 degrees Fahrenheit in less than ten minutes on an average summer day.
Heatstroke Can Happen In Minutes. Heatstroke can happen in a child when their core body temperature reaches around 104 degrees and becomes lethal at 107 degrees. A child’s core temperature can spike three to five times faster than adults, so heatstroke can happen in temperatures as low as 57 degrees and in shaded areas. Symptoms that a child is reaching dangerous heat levels include disorientation, dizziness, confusion, and loss of consciousness.
Give Yourself A Reminder. Most cases of child deaths in cars involve forgetting the child was even in the car. You can prevent this by setting reminders and insisting that caregivers set reminders that there is a child in the back. Place something you need in the backseat so that you are trained to look in the back seat every time you exit the car, even if you don’t have a child with you.

June 21, 2016

Man Arrested in Collision That Killed Scooter Driver

by Whittel & Melton, LLC

A man on a scooter was killed early Tuesday by a car that had run a red light in Clearwater.

According to Clearwater Police, the crash occurred at 1:45 a.m. at the intersection of Belcher Road and Gulf-to-Bay Boulevard.

Police believe the 55-year-old Palm Harbor man was on a scooter traveling northbound on Belcher Road when he was struck by a westbound 2006 Chrysler Sebring that ran the red light on Gulf-to-Bay.

The impact of the collision pushed the scooter into the side of a 1995 Lincoln Town Car that was also heading north on Belcher.

The scooter driver died at Bayfront Health St. Petersburg.

Police have identified the driver of the car that ran the red light and believe the driver showed signs of impairment.

The driver was arrested and booked into the Pinellas County Jail on charges of driving with a suspended or revoked license in an accident involving death or serious bodily injury.

The driver of the Town Car suffered minor injuries.

Due to the increased use of mopeds and scooters, we have seen many more accidents, crashes, injuries and even fatalities. Lots of Floridians opt to travel by moped or scooter because of the pretty much warm year-round climate, which makes sense as these vehicles have much better gas mileage compared to cars, truck and SUVs.

A recent Florida study found the following to be common factors in scooter accidents resulting in serious injuries and wrongful death: lack of a helmet, the speed of the moped or scooter, the speed limit in the area of the accident, and the amount of traffic in the area.

April 28, 2016

Passenger Dies After Car Flips On I-275 in Pinellas County

by Whittel & Melton, LLC

A Tampa man died Monday after he was involved in a single-vehicle crash on I-275 in Pinellas County.

The crash occurred at 4:43 p.m. on northbound I-275 at mile marker 26 in Pinellas County.

According to the Florida Highway Patrol, a 20-year-old Tampa woman was driving a 2003 Chevrolet Cavalier north on I-275. She was making several lane changes when she lost control and drove onto the grass median, which caused the Cavalier to overturn several times.

A 20-year-old male passenger was taken to Bayfront Health St. Petersburg, where he died later that day from his injuries.

The woman sustained minor injuries. She was ticketed for careless driving.

It is critical to pay attention to your driving habits and patterns as well as those of the motorists around you to make sure you do not behave carelessly behind the wheel. Driving carelessly can cause serious accidents and injury to you, passengers in your vehicle and others around you.

Some of the most common examples of careless driving are:

Texting & driving
Drifting between lanes
Assuming right-of-way
Not signalling when changing lanes or turning
Tailgating
Not stopping at intersections
Failure to stop for emergency vehicle
Improper lane change
Making an improper turn
Speeding

Defensive driving tactics are a vital part of being a cautious driver. In order to avoid driving carelessly, make sure to:

Signal before you turn
If changing lanes, signal then wait to make sure the other drivers see you before passing
Come to a complete stop at all stop signs
Do not let passengers take your attention off of the road
Keep your hands on the wheel and your eyes on the road
Follow the speed limit
Avoid using electronic devices or cell phones
Never tailgate – give the driver in front of you plenty of room

April 11, 2016

One Dead, 2 Injured in St. Petersburg Crash

by Whittel & Melton, LLC

One person died and two others were injured in a two-vehicle collision at 22nd Avenue South and 34th Street in St. Petersburg early Saturday morning.

According to authorities, at about 3:30 a.m. Saturday, a 2010 Audi A4 was traveling southbound on 34th Street South. A 2000 Ford SUV was also headed southbound on 34th Street, and had stopped for the traffic signal at 22nd Avenue South.

The Audi was traveling at a high rate of speed and failed to stop. It slammed into the rear end of the Ford SUV, propelling the Ford into a 2006 Honda, which was also was stopped for the red traffic signal.

The Ford caught fire. The driver was pulled out of the vehicle by a passerby as the interior went up in flames.

All three drivers were taken to Bayfront Health St. Petersburg for treatment. The Audi driver was pronounced dead at the hospital. The other two drivers were treated for non-life threatening injuries.

Speed was a factor in the severity of the crash, according to police. It is unknown at this time if the Audi driver was impaired – toxicology reports are pending.

Speeding is one of the top causes of auto accidents. Speed limits exist for a reason – to keep those sharing the roadways safe. Engineers consider many factors when determining posted speed limits, such as the roads characteristics, shoulder conditions, grade, etc. The numbers they come up with matter and are heavily researched, which is why drivers should obey these rules. Sadly, many drivers ignore speed limits, which is why countless auto accidents occur each year that result in injuries or deaths.

Anyone who causes harm to others due to speeding can be held liable for all damages the victim(s) suffer. Our St. Pete Auto Accident Injury Lawyers at Whittel & Melton understand that car accidents are terrifying tragedies that can result in severe damages and injuries to those involved. Accidents that are caused by another driver’s negligence can only intensify these situations. We can immediately investigate the cause of your crash and identify all crucial pieces of evidence that can determine exactly what happened.

April 8, 2016

Two Motorcyclists Injured in Pinellas County Collision

by Whittel & Melton, LLC

Two motorcyclists, a driver and passenger were injured in a crash in Clearwater Thursday night.

Clearwater Police and Clearwater Fire & Rescue were called to Belcher Road and Gulf-to-Bay Boulevard just after 9 p.m. to assist with the accident involving a car and two motorcycles.

Both motorcyclists went to Bayfront Health St. Petersburg, along with the 72-year-old driver of the Toyota Prius that was involved.

An 87-year-old passenger in the Prius was taken to Mease Countryside Hospital.

None of the injuries are believed to be life-threatening at this time.

According to police, the motorcycles were travelling westbound on Gulf-to-Bay as the car was attempting to turn left from Gulf-to-Bay onto Belcher.

Both motorcyclists were wearing helmets at the time of the collision.

Motorcycle accidents often result in terrible injuries and in many cases, death. Fortunately, the bikers involved in this crash are not suffering life-threatening injuries, according to reports. It appears that both bikers were wearing helmets at the time of the collision, which is always a good idea because wearing a helmet only adds more protection to riders.

It makes a lot of sense to wear a helmet while riding a motorcycle. In fact, a helmet may save your life or prevent you from suffering a horrible injury in the event of a crash. And, if you happen to be involved in a collision, wearing a helmet will save a significant amount of time and worry connected with resolving any claim arising from the accident since helmet use is associated with a safe, responsible motorcyclists.

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.

December 21, 2015

Holiday Slips, Trips & Falls: Who’s To Blame?

by Whittel & Melton, LLC

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