Pinellas County Wrongful Death Attorneys

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

December 9, 2015

Pedestrian Killed Crossing Ulmerton Road in Largo

by Whittel & Melton, LLC

A pedestrian was killed Wednesday morning after he was struck by a truck while crossing Ulmerton Road in Largo.

The crash occurred at 6:13 a.m. in the 7900 block of Ulmerton Road, near the intersection with Belcher Road.

Police believe the 60-year-old was attempting to cross the eastbound lanes of Ulmerton Road when he stepped in front of a 2012 Ford F-250.

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 6, 2015

Motorcyclist Killed in Clearwater Collision

by Whittel & Melton, LLC

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.

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 20, 2015

Man Riding Scooter Struck and Killed by SUV in Manatee County

by Whittel & Melton, LLC

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.

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.

October 6, 2015

Three Killed in Separate Motor Vehicle Crashes in Polk County

by Whittel & Melton, LLC

A Winter Haven man became the third person to die in a vehicle crash in Polk County over the weekend after a pickup truck turned in front of his motorcycle Saturday night, according to authorities.

The 56-year-old man and his 54-year-old wife were riding a Honda south on Spirit Lake Road around 7 p.m. approaching 2nd Street when the crash occurred.

According to the Polk County Sheriff’s Office, a 27-year-old Winter Haven was driving a Dodge pickup truck south on Spirit Lake and turned left at 2nd Street and into the motorcycle’s path.

The motorcycle hit the truck, ejecting both riders. The pair were taken to Lakeland Regional Health, where the man later died. The wife was hospitalized in stable condition.

The truck driver and two children in the truck were wearing seat belts and were not injured.

Speed, impairment or distraction were not factors in the crash, according to deputies.

Earlier Saturday, another motorcycle crash claimed the life of a Davenport man.

Just after noon, the man was traveling east on County Road 547 near U.S. 27 when it struck a Ford Focus driven by a man who was leaving a convenience store parking lot. The biker was thrown from the motorcycle and died at the scene, the sheriff’s office said.

Saturday morning, a 47-year-old Plant City man was killed in a three-vehicle crash on County Line Road.

Around 7:30 a.m., the man’s Dodge Neon and a tractor-trailer driven by a 52-year-old Alabama man were traveling south, side-by-side, on County Line Road near Drane Field Road, the sheriff’s office said.

The Dodge drifted into the lane of the semi, struck the right front of the truck and shot into the northbound lanes. It then collided with a northbound Dodge Charger driven by a 36-year-old Mulberry man, deputies said.

When emergency personnel arrived on scene, the driver of the Dodge Neon did not have a pulse. He was taken to Lakeland Regional Health where he was pronounced dead, deputies said.

When a loved one is killed in an auto accident, the family has enormous grief to deal with as well as wrongful death insurance claims. Our Tampa Bay Wrongful Death Lawyers at Whittel & Melton understand that you need time to grieve without the added stress of dealing with insurance companies and others who want to settle your wrongful death claim as soon as possible.

While this is a difficult time for your family, make sure you take your time with wrongful death claim. You need to determine the full extent of your financial losses as well as understand the need for pain and suffering compensation. When there are dependents involved, such as children, a spouse, other family members, their needs should also be taken into account in a wrongful death settlement.

September 22, 2015

Driver Smashes into Clearwater Bakery, No One Injured

by Whittel & Melton, LLC

There were no injuries Saturday morning after a car crashed into Manos Bakery at 1975 Drew Street in Clearwater.

According to police, a westbound Honda Civic on Drew Street ran a red light and collided with another car, resulting in the Honda crashing through the front of the bakery.

The Honda came to rest inside the bakery.

The bakery owner and one employee were inside, but neither they nor the drivers were injured.

The 34-year-old driver of the Honda was cited for running a red light and not having a valid driver’s license, according to police.

The technical rescue team from Clearwater Fire & Rescue examined the structural integrity of the building and boarded up windows that had been smashed out by the impact, police said.

Thousands of people in the U.S. are injured or killed because someone ran a red light. In fact, it is the one of the leading causes of urban accidents. According to the Insurance Institute for Highway Safety:

More than 1/2 of all American’s admit red-light running.
More than 60 percent of American’s will see someone run a red light at least once each week.
It is the leading cause of urban crashes.
Almost all drivers fear being hit by a red-light runner.
1 in 3 Americans know someone that has been killed or injured by someone running a red light.

Traffic lights and signals are in place to protect drivers, pedestrians and bicyclists. When these signals are ignored, the results can be catastrophic.