Polk County Auto Accident Attorney

April 14, 2015

Chef Killed By Speeding Drunk Driver in Downtown St. Pete

by Whittel & Melton, LLC

A speeding drunk driver collided with two people who were crossing 2nd Street N in downtown St. Petersburg early Saturday, killing one of them and critically injuring the other, according to police.

Shortly after 2 a.m., a 25-year-old St. Petersburg man was speeding on 2nd Street N in a rented Dodge Charger. The car ran a red light at Central Avenue and hit a 31-year-old Largo chef and a 28-year-old St. Petersburg man.

The chef died at the scene. The other man, who was sideswiped and spun onto the pavement, was taken to a Bayfront Health St. Petersburg with life-threatening injuries. He has since been stabilized, according to reports.

The drunk driver fled the scene and was arrested at the nearby Push Ultra Lounge a short time later. The driver has been charged with DUI manslaughter, aggravated fleeing and eluding, leaving the scene of a crash involving death and DUI with serious bodily injury.

The man tried to escape while in custody in the breath testing center at police headquarters, but was quickly apprehended, police said.

The deceased was a chef at The Kitchen, a restaurant just west of 2nd Street on 1st Avenue N. His wife was nine months pregnant with the family’s second child, according to reports.

Police reported that the Dodge was seen speeding on 4th Avenue N after exiting I-175. DUI patrol officers spotted the car and tried to stop it as it slowed to turn south on to 2nd Street, but the car accelerated “at a very high rate,” indicating it was not going to stop.

The Dodge kept speeding southbound and ran a red light at 3rd Avenue N and then at Central, where the two men were crossing Central Avenue with a green light and a crossing signal, police said.

After hitting the pedestrians, the Dodge drove off the southwest corner of the intersection and struck two concrete light pillars, ripping off the car’s right front wheel. The car continued travelling along until coming to rest just before 1st Avenue S.

Drunk drivers cause more than 30 percent of fatal car accidents each and every year in the United States. When a drunk driver causes a loved one’s unnecessary death or injuries, a Tampa Bay Wrongful Death Lawyer at Whittel & Melton is needed to obtain compensatory and punitive damages for your losses.

Our Tampa Bay Wrongful Death Drunk Driving Accident Attorneys at Whittel & Melton work on a contingency basis for grieving families in order to help them cope with the legal and financial strains associated with a drunk driving death.

March 27, 2015

AAA Study Shows Accidents Involving Distracted Teen Drivers on the Rise

by Whittel & Melton, LLC

Most people recognize that using a cell phone while driving can prove deadly. However, a new AAA study shows that cell phone use is hardly the only activity that may cause you to become involved in a serious auto accident.

The most recent research carried out by the AAA Foundation for Traffic Safety concludes that most teens involved in crashes are guilty of distracted driving but, not all of these cases involve distracted driving associated with cell phone use.

According to AAA, distracted driving is a factor that is present in 6 out of all 10 accidents that are moderate or severe. Distracted driving among teens has only been associated with 14 percent of all teen driver crashes by the U.S. National Highway Traffic Safety Administration, so this new study may indicate that teens are much more likely to be involved in serious distracted driving crashes than we once thought.

According to the results of the study, the number one cause of distraction among teen drivers who are involved in crashes is talking to other passengers.

The study also found that out of the 1,700 videos of crashes involving teens recorded by in-vehicle event recorders, 58 percent of the crashes were caused by distraction. Here is the breakdown of the results: 89 percent of road-departure crashes were associated with distractions, while 76 percent of the rear-end collisions were caused by distractions.

While talking to passengers accounts for the highest number of crashes, cell phone use follows in second with 12 percent of all crashes involving teens. AAA also reports that 8 percent of the distracted driving crashes involving teens they researched were caused by personal grooming while driving and another 6 percent of collisions were caused by teens reaching for items inside the car.

This study is important because it highlights the dangers that teen drivers face on a daily basis. Creating awareness of these distractions could help safety advocates and lawmakers develop better solutions to the distracted driving problem.

February 26, 2015

What You Need to Know About the Takata Air Bag Recall

by Whittel & Melton, LLC

According to the National Highway Safety Administration, Japanese auto parts maker Takata Corp. refuses to cooperate with the government’s investigation of its air bags.

The NHTSA announced on Friday that it will impose fines of $14,000 a day that will continue until key safety information is provided.

Here are the key points you need to know regarding the Takata airbag recall:

What The Problem Is. The inflators propelled by ammonium nitrate can explode with too much force, which can result in shrapnel ejecting onto drivers and passengers. At least six people have been killed and 64 injured worldwide due to the problem. Since 2008, 17 million vehicles have been recalled in the U.S. by 10 different automakers. Currently, only 2 million, or around 12 percent, have been fixed because of a lack of parts.

Recall Areas. Government investigators believe that too much exposure to moisture in the air can cause the inflator to build up excess pressure, which can shatter metal canisters meant to contain the explosion that inflates the bags. Driver’s side air bags have been recalled nationwide, however recalls of passenger side air bags have been limited to Florida, Puerto Rico, areas near the Gulf of Mexico including Texas, Alabama, Mississippi, Georgia, and Louisiana, as well as Guam, Saipan, American Samoa, U.S. Virgin Islands and Hawaii.

Takata’s Stance. Takata has challenged the National Highway Traffic Safety Administration’s demand for a national recall of driver’s airbags. Despite that, automakers did it on their own. Takata claims that tests of 10,000 inflators does not show any reason for the recalls to be expanded.

What is Currently Being Done by the Government. The government has three different groups testing the air bags: Takata, an independent contractor hired by the company and a group of 10 automakers. In order to force Takata into a national recall, the government must be able to explain what is going wrong with the airbags and why.

What You Can Do to Make Sure Your Air Bags Are Safe. While the air bags are still being tested, you can always check to see if your car has been recalled and get the repairs done as soon as possible. To check, go to https://vinrcl.safercar.gov/vin/ and type in your 17-digit vehicle identification number, which is located on your dashboard near the driver’s side windshield. The site will tell you if there’s a recall, and if your car is affected, you should call your dealer right away.

February 2, 2015

St. Pete Boy Killed in Skateboarding Accident

by Whittel & Melton, LLC

Two teenagers skateboarding fun turned tragic Sunday when one of them was killed.

According to police, one of the 15-year-old boys got into his mother’s 2003 Mercedes sedan and drove it down Atwood Avenue N while his other 15-year-old friend held onto the right rear corner and sped along on his skateboard.

This type of skateboarding trick is called “skitching.”

Police believe the teen driving accelerated with the other boy holding on to the rear. The pair traveled only a short distance before the boy let go of the car, became unstable and fell to the ground, striking his head.

Bystanders performed CPR, and emergency medical personnel arrived at the scene. The teen was taken to Bayfront Health St. Petersburg, where he was pronounced dead at 8:37 p.m., about 2 1/2 hours after the accident happened.

The risk of injury associated with skateboarding tricks like skitching far out-weigh the thrill than can be achieved. Skitching presents a high risk of serious injury and even death to those that partake in this activity. There are numerous things that can go wrong from these types of accidents, such as being pulled under the vehicle, being hit by another car on the road or as this case shows, even just losing control and hitting pavement.

Traumatic Brain Injury
Spinal Cord Trauma
Broken Bones and Fractures
Nerve Damage
Facial Disfigurement
Death

When a child is injured due to his own negligence, there is usually no recourse or available compensation for injuries suffered. The Tampa Bay Injury Lawyers at Whittel & Melton know how devastating serious injuries to children, or worse death, can be on families and parents.

January 20, 2015

7-Year-Old Seriously Injured in Tampa Crash

by Whittel & Melton, LLC

A 7-year-old boy suffered serious injuries after being struck by a minivan on Saturday night, according to Tampa police.

Witnesses told police they saw the boy run across Main Street around 5 p.m. with several other children. The boy was crossing the street when a gray 2015 Dodge Journey Minivan traveling west passed the intersection of N. Rome Ave and hit him.

The driver of the minivan, a 28-year-old man, apparently stopped and attempted to give the boy CPR.

Tampa police have not released any additional information regarding what led up to the crash or the boy’s injuries.

The boy was taken to St. Joseph’s Hospital.

Police did say there are no signs of impairment due to drugs or alcohol of the driver and speed is not a factor in this crash.

The crash remains under investigation at this time.

Most young children do not fully understand the dangers associated with street crossings. Children tend to travel in groups or pairs and may become distracted while talking with friends or chasing others into the street, and they often do not realize they are in the way of oncoming traffic.

According to the U.S. Centers for Disease Control and Prevention, around one-fifth of traffic fatalities among children ages five to nine years old are pedestrian traffic accidents. Children who are hit by an automobile and survive could potentially suffer very serious injuries, including brain damage, internal injuries, broken bones, disfigurement and loss of motor skills. It is quite rare for children hit by cars to walk away unscathed.

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.

January 12, 2015

Another Driver Arrested for Driving the Wrong Way on Selmon Expressway

by Whittel & Melton, LLC

Authorities nabbed yet another wrong-way driver on Sunday on a Tampa Bay area roadway.

Around 2 a.m., a 24-year-old Bradenton man drove around a road block put in place on the eastbound Lee Roy Selmon Expressway for a crash investigation, according to the Florida Highway Patrol.

Troopers claim the man then turned his 1999 Saturn sedan around before reaching the crash and traveled west in the eastbound lanes.

A trooper helping with the traffic investigation pulled the man and arrested him for driving under the influence. The FHP said he refused to provide a breath sample.

Wrong-way traffic accidents claimed 16 lives on Tampa Bay area roads in 2014. Many of these crashes occurred on divided highways. A handful of wrong-way drivers have been stopped before they could cause an accident.

Just last week the Hillsborough County Sheriff’s Office stopped a woman travelling the wrong way on the Veterans Expressway. It was found that she was confused, but not under the influence of alcohol.

According to the Florida Integrated Report Exchange Program, a total of 223,110 traffic accidents were reported in Florida this year. Of those, 98,817 accidents have resulted in 147,285 people being injured and 1,611 deaths. In 2014, the record month of accidents was March, with 30,183 crashes reported. Moreover, the Florida Department of Highway Safety and Motor Vehicles reported in their “Traffic Crash Facts Annual Report 2012” that of the 281,340 accidents in Florida in 2012, a large amount were attributed to wrong-way drivers. A total of 363 accidents resulted in property damage due to vehicles being driven on the wrong side of the road or travelling the wrong way. Another 541 car accidents involved bodily injury, and 53 wrong-way collisions resulted in death.

December 30, 2014

Celebrate New Year’s Safely & Avoid Accidents

by Whittel & Melton, LLC

The start of 2015 is right around the corner, which means it is important to address that the New Year’s holiday is known for being one of the most dangerous times of the year, especially for accidents involving drunk drivers.

According to the National Safety Council, in 2014, the three-day period around New Year’s Day was the holiday period with the highest amount of drunk driving deaths. Partygoers who are out celebrating should factor safety precautions into their holiday planning to improve their chances of avoiding a holiday accident.

There are numerous dangers that drivers and passengers face when traveling on the roadways during the New Year’s holiday. Some of the most common holiday hazards include:

More Traffic: With gasoline prices low, more people have been travelling for the holidays. New Years Eve and New Years Day is no exception. With more vehicles on the roads, there is an increased risk for holiday travelers. Drivers can get easily frustrated or distracted when traffic is congested.
Bad Weather: Rain, hail, snow and ice only add to the hazards of New Year’s travel. Even the most skilled drivers are no match for poor road conditions caused by inclement weather.
Drunk Drivers: Holidays and alcohol go hand in hand. Many people use New Year’s celebrations as an excuse to get drunk. When drunk drivers choose to get behind the wheel, they pose a serious danger to themselves and others.

Whether you are hosting a New Year’s party or attending one yourself, remember that there are numerous things you can do to protect yourself from becoming a New Year’s statistic.

Know your limit when it comes to alcoholic beverages.
Designate a driver, take a cab, use Lyft or Uber, call AAA, use public transportation or ask a sober friend to come pick you up.
Report suspected drunk drivers.
If you are planning to attend a New Year’s party, arrange to stay at the party location, or stay at a hotel or motel that is within walking distance.
Celebrate the New Year without alcohol.

December 22, 2014

1 Killed, 1 Critically Injured in Wrong-Way Crash in Plant City

by Whittel & Melton, LLC

Wrong-way collisions have been highlighted in the news more than usual this year because of five crashes that claimed 11 lives on interstate highways in Hillsborough and Pasco counties.

While this most recent wrong-way crash did not happen on an expressway, a Brandon man was killed and a Lithia man was critically injured on State Road 60 in Plant City early Saturday.

The crash happened near Cable Road just before 5 a.m., leaving the eastbound lanes of S.R. 60 closed for several hours.

According to the Florida Highway Patrol, a 2014 Ford F-250 truck was traveling west in the eastbound lanes of S.R. 60 and crashed head-on with a 2005 F-250.

The wrong-way driver, a 52-year-old Brandon man, died at the scene. The second driver, a 28-year-old man of Lithia, was airlifted to Tampa General Hospital in critical condition. Authorities have confirmed that he is in stable condition.

Wrong-way accidents usually involve more than one other vehicle. Due to the fact that these accidents are high impact collisions, most wrong-way crashes result in serious injury and fatalities. Wrong-way accidents are usually head-on collisions. And while the wrong-way driver may immediately realize he or she is driving in the wrong direction, it is often too late to avoid oncoming vehicles who are not expecting or prepared for a wrong-way vehicle.

December 12, 2014

Wrong Way Driving Accidents Major Problem in Tampa Bay Area

by Whittel & Melton, LLC

The number of wrong way driving accidents has been on the rise in Tampa, and this alarming trend continued on Thursday when four instances of wrong-way drivers on Bay area roads were reported, including one that resulted in a fatal crash.

This recent activity comes despite law enforcement being extra vigilant when it comes to wrong-way drivers.

A Spring Hill man was killed on US 41 Thursday when the car he was a passenger in crashed head-on into another car near State Road 52. The 39-year-old man was killed and his 38-year-old wife suffered critical injuries. The driver of the other car, a 40-year-old Tampa man remains hospitalized in serious condition.

Troopers said alcohol was not a factor in that crash. This man’s death is the 12th this year due to a crash involving a driver going the wrong way on a Bay area roadway.

That fatal accident was the last of four incidents Thursday. Two of the other three did involve alcohol, according to authorities.

Hillsborough County Sheriff’s deputies stopped two wrong-way drivers in separate incidents earlier Thursday.

Deputies started getting telephone calls just before 2 a.m. about a wrong way driver in eastern Hillsborough County. Deputies said the woman was stopped driving the wrong way on Highway 60 East at Turkey Creek Road. She was arrested on DUI charges.

Just two hours later, another driver was stopped by deputies going north in the southbound lanes of the Veterans Expressway just south of Gunn Highway. Deputies believe the driver of the Toyota Corolla, a 34-year-old Tampa man, smelled of alcohol, had delayed reaction and watery and red bloodshot eyes. Deputies also allege his blood alcohol was measured at more than two times the legal limit.

And a few hours after that, the Florida Highway Patrol received multiple calls about a motorcycle going the wrong way on Interstate 275 near downtown Tampa.

Troopers responded and located the 25-year-old Tampa biker standing along the southbound inside shoulder next to the parked 2015 Harley Davidson motorcycle which was facing north.

The man told troopers he had entered the interstate at Busch Boulevard and was traveling southbound listening to music from his smart phone. According to reports, the man dropped his phone south of Dr. Martin Luther King Jr. Boulevard and decided to travel back along the inside shoulder to the area where he had dropped his phone to find it.

The man’s motorcycle was towed from the scene because troopers said he had a suspended driver license at the time of the incident. No charges were filed.

There were no crashes or injuries in the other three wrong way driving incidents.

Drivers that intentionally or unknowingly drive the wrong way on a street, highway or interstate pose an imminent threat to all other motorists and passenger sharing the roadway. Due to the fact that automobiles are heading directly toward one another at a high rate of speed, there is usually very little or no time at all for drivers to react to the situation and avoid the collision. Wrong-way crashes are almost always head-on collisions that result in serious injuries or even death, as Thursdays’ fatality shows.