Polk County Auto Accident Attorney

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.

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.

May 19, 2014

Tampa Bay Motorcycle Accident Lawyer :: Motorcyclist Killed in Collision Saturday in Polk County

by Whittel & Melton, LLC

A 52-year-old woman was killed Saturday after she failed to maneuver a turn on the southbound off-ramp from U.S. Hwy 27 to U.S. Hwy 192 in Haines City on her motorcycle.

The woman tried to correct and was ejected from her motorcycle. The motorcycle landed on top of her.

According to reports, other motorcyclists were riding along with her and stopped to help. The woman was taken to Heart of Florida Hospital, where she later died.

Motorcycles can be an efficient mode of transportation as well as a relaxing hobby for many people throughout the Tampa Bay area. While there are many benefits to owning a motorcycle, these vehicles are inherently dangerous, placing riders at a greater risk of collisions and injuries. When it comes to miles traveled, it is estimated that motorcycle accidents are 35 times more likely to result in a fatality than a car accident.

Motorcycle riders are more likely to be involved in serious accidents resulting in catastrophic injuries and death because of the following factors:

Minimal Protection. Motorists travelling in cars and trucks have a great deal of protection if involved in a collision, as passengers are basically encased inside of metal boxes. Motorcycles do not offer very much protection as they lack safety features such as seatbelts and airbags and leave riders exposed to the elements. While riders can wear helmets and other protective gear help keep themselves safe, they are still quite vulnerable to serious harm when a collision occurs.

Visibility Issues. Motorcycles are often less visible to other motorists sharing the roadway as they are smaller and can be hidden by objects in the roadway making them more difficult to spot by other drivers, especially at intersections.

Less Stable than Cars. Motorcycles only have two wheels, making them less stable for riders when they have to brake suddenly or swerve. Because they are less stable than vehicles with four wheels, motorcyclists can be easily thrown from their bikes or wipe out.

Hazardous Road Conditions. While certain road conditions, like debris, small objects, uneven surfaces or wet pavement have little to no effect on passenger vehicles, they place motorcyclists at serious risk of becoming involved in a crash.

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.

April 10, 2014

Tampa Bay Pedestrian Accident Attorney :: Student Struck by Car Remains in Critical Condition

by Whittel & Melton, LLC

An 18-year-old man hit by a car while walking home from school on Wednesday remains in critical condition.

According to Tampa police, the student and his friend were running northbound on 40th Street trying to cross Hillsborough Avenue against the light when he was struck.

The man was hit by a woman driving a Toyota Camry. She apparently stopped immediately once she realized she had hit the man.

Police claim the woman probably won’t face charges as it appears the crash was a tragic accident. The woman was not harmed.

This unfortunate collision comes about three weeks after two other students were struck trying to cross a busy stretch of Hillsborough Avenue.

The students and sisters, 14 and 15, were hit by a vehicle on Hillsborough Avenue near 25th Street on March 18 while walking to school.

The 15-year-old died four days after the crash.

Tampa police, along with the Hillsborough County Sheriff’s Office and Hillsborough County Schools, are working to launch a PSA campaign to educate students about traffic safety.

If you or someone you love was injured as a pedestrian while jaywalking or not in a crosswalk, you may be lead to believe that you have no right to file a personal injury claim or lawsuit because the accident was ultimately “your fault.” However, whether or not you were in a crosswalk, you were jaywalking or whether a traffic light was red, yellow or green, you should be sure to speak with an injury lawyer as soon as possible after your accident. Regardless of fault, you could possibly have a strong case against the driver of the vehicle that struck you while you were on foot.

Following a serious injury in the Tampa Bay area, it can take weeks, months or years for a victim to recover both physically and emotionally form the accident. In some cases, injuries can be permanent. Financial troubles following a pedestrian accident only make matters worse. It is critical to act fast following a pedestrian accident so that you can take the necessary steps towards recovering just compensation. A Tampa Bay Pedestrian Accident Lawyer at Whittel & Melton can make a great difference in your personal injury case.

April 4, 2014

Polk County Motorcycle Accident Lawyer :: Biker Dies in Collision with Truck in Auburndale

by Whittel & Melton, LLC

A Winter Haven motorcyclist was killed Thursday morning after a box truck smashed into him, according to investigators.

The crash occurred at the intersection of State Road 559 and County Road 559A in Auburndale shortly after 11 a.m.

According to the Polk County Sheriff’s Office, the driver of a 2003 white Chevrolet box truck was travelling north on State Road 559 when he pulled into the right hand turn lane. However, the driver apparently realized he was turning the wrong way and attempted to make a left turn onto County Road 559 A from the right turn lane.

The 68-year-old motorcyclist was riding a 2009 Harley Davidson on the same road when he saw the truck slow in the turn lane but kept heading north on State Road 559.

The driver of the truck ran into the motorcyclists’ path when he cut across the lanes to make a left turn. The biker attempted to stop, but ultimately smashed into the right rear end of the truck.

Emergency crews tried arrived at the scene and determined the man was killed on impact. According to investigators, the man was wearing his helmet at the time of the incident.

County Road 559A and State Road 559 were closed at the intersection for nearly three hours before it reopened.

The investigation is ongoing.

If you or a loved one was hurt in a motorcycle accident caused by someone else’s negligence, you may be eligible to seek financial compensation for your losses. The law allows injury victims and surviving family members of those killed in these types of accidents to obtain compensation for medical bills, lost wages, pain and suffering and other damages. A personal injury or wrongful death claim can successfully get you the proper compensation needed to move on from such a tragic accident.

When a motorcycle is hit by a semi, garbage truck, delivery truck or another large commercial vehicle, the injuries are often very serious, if not fatal. Motorcycles leave riders completely vulnerable in the event of a collision. Unfortunately, the trucking company’s insurance carrier will likely try to deny responsibility for the accident and refuse your claim for financial compensation. A Polk County Motorcycle Accident Attorney at Whittel & Melton can fight for you.

March 28, 2014

Tampa Bay Pedestrian Accident Attorney :: Number of Pedestrian Accidents Increase in 2011

by Whittel & Melton, LLC

While we all use various modes of transportation to get from place to place, the National Highway Traffic Safety Administration is urging everyone to remember one key road user fact – we are all pedestrians. The sad reality is that pedestrians were one of a few groups of road users to see an increase in fatalities across the United States in 2011, reaching a whopping 4,432 deaths. This number represents a 3 percent increase from the number of reported deaths in 2010.

Another 69,000 pedestrians suffered injuries in traffic crashes in 2011. According to 2011 traffic safety facts, on average, a pedestrian was killed every two hours and injured every eight minutes in traffic collisions.

While the 4,432 deaths were an increase from the number reported in 2010, this number represents a decrease of 7 percent from 2002. Pedestrian deaths made up 14 percent of all traffic fatalities in 2011, and accounted for 3 percent of all people injured in traffic accidents.

Negligent, reckless or distracted drivers disobeying traffic laws cause serious injuries and deaths to innocent pedestrians every day in the Tampa Bay area. Accidents, by their very nature, are unplanned, so when you are the victim of a traffic fatality you may find yourself suffering painful injuries and financial losses that can leave you feeling overwhelmed and unsure of what to do next. It can be nearly impossible to determine which step to take first, but the best thing you can do for yourself is to contact a Tampa Bay Pedestrian Accident Attorney at Whittel & Melton so that we can help you formulate a plan to obtain financial compensation for your losses.

December 17, 2013

Tampa Bay Motorcycle Accident Attorney :: Motorcycle Accident in Hillsborough County Ends in Fatality

by Whittel & Melton, LLC

A 40-year-old Kissimmee motorcyclist was killed Wednesday after a car that was turning in front of him struck him on Fletcher Avenue.

The biker was riding a 2000 Yamaha Road Star westbound around 7:30 p.m. on Fletcher Avenue when the driver of a 1998 Ford Taurus heading eastbound tried to execute a left turn onto 42nd Street and turned into the biker’s path causing the motorcycle to hit the passenger side of the car, according to the Hillsborough County Sheriff’s Office.

The Kissimmee motorcyclist was rushed to a nearby hospital where he was pronounced dead. According to police, the man was wearing a helmet.

The 27-year-old driver of the Taurus and his passenger were taken to a hospital with non-life threatening injuries, according to reports.

The investigation is ongoing. No charges have been filed at this point.

According to the National Highway Traffic Safety Administration, motorcyclists are 35 times more likely to experience a fatality when travelling on the roadway than those riding in passenger cars. Despite numerous efforts to raise awareness and safety for motorcyclists, the number of bikers killed in motor vehicle accidents increased by 2 percent from 2010 to 2011. With the number of motorcyclists on the roads steadily increasing, the sad truth is that the number of deadly accidents is also on the rise.

The majority of motorcycle accidents involve another vehicle, and most of the time it is the motorist and not the motorcyclist who is at fault. There are many things drivers can do to prevent collisions with bikers, including taking the time to check blind spots when turning or changing lanes and allowing for more space when following a biker. Moreover, drivers should limit the amount of distractions while behind the wheel, use proper traffic signals and always follow the general rules of the road.

December 5, 2013

Tampa Bay Trucking Accident Attorney :: Polk County Cyclist Seriously Injured in Accident with Semi Truck

by Whittel & Melton, LLC

A bicyclist was seriously injured Wednesday morning after he was struck by a semi-truck in Winter Haven.

The crash occurred at 10:25 a.m. on U.S 17 near Snively Avenue, according to reports.

The Polk County Sheriff’s Office said a white semi-truck, hauling a 53-foot box trailer, was travelling northbound and attempted to turn onto Snively Avenue when it smashed into the 53-year-old bicyclist.

One of the man’s arms was crushed by the truck’s tires. Witnesses were able to help the man and stayed with him until emergency crews arrived.

He was transported by air to Lakeland Regional Medical Center, where he was listed in serious but stable condition.

Investigators do not believe speed or alcohol played a role in the collision.

The crash remains under investigation.

Bicycling is a very popular sport, especially in the Tampa Bay area where the climate is mostly warm year round. Even commuting by bicycle has become increasingly common in the area. Despite whether you just ride your bike for exercise on the weekends or if you are travelling on your bike every day to get to work, you most likely know the many safety precautions you must take on the roadways, such as wearing a helmet, following traffic laws and keeping an eye out for all other drivers, cyclists and pedestrians sharing the road with you. However, even the safest bicyclist can find themselves involved in an accident that is not their fault. If a negligent motorist caused you to suffer injuries in a bicycle accident, a Tampa Bay Trucking Accident Lawyer at Whittel & Melton can help you obtain financial compensation through a personal injury lawsuit.

November 22, 2013

Tampa Bay Injury Lawyer :: Florida Lawmakers Want Tampa Teen Drivers to Put Their Cellphones Away

by Whittel & Melton, LLC

Florida lawmakers have recently proposed a new bill that would ban anyone under the age of 18 from using electronic devices while driving in Florida.

This means teens would not be allowed to make calls, use Facebook or any other website while driving.

The Centers for Disease Control and Prevention reported that motor vehicle crashes are the leading cause of death among teens. In fact, on average, seven teens between the ages of 16 and 19 die every day from car crashes, and drivers in that same age group are three times more likely to get into a deadly crash.

Despite these statistics, many drivers oppose the proposed law claiming it is unfair to single out a particular age group.

Florida lawmakers are currently talking about proposed changes to current laws.

If the proposed law is passed, it would take effect Jan. 1, 2015.

According to the CDC, in 2010, nearly 2,700 teens across the nation between the ages of 16 and 19 were killed and another 282,000 were treated and released from emergency departments for injuries suffered in motor vehicle accidents. While young people ages 15-24 account for only 14 percent of the U.S. population, this age group represents 30 percent, or $19 billion, of the total costs of auto accident injuries among males and 28 percent, or $7 billion, of the total costs of car accident injuries among females.