Sarasota County Injury Lawyer

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.

December 10, 2014

Two Separate Wrong-Way Drivers Arrested for DUI in Tampa

by Whittel & Melton, LLC

Two wrong-way drivers were arrested on Friday after officials said the drivers were operating their vehicles under the influence of alcohol.

According to reports, a 41-year-old Miramar man was driving a 2005 Acura traveling eastbound in the westbound lanes of S.R. 574 around 2:15 a.m.

Deputies said they stopped the vehicle and noticed that the man had glassy and bloodshot eyes, was unsteady on his feet, appeared very confused and had an odor of alcohol on his breath.

The man’s blood alcohol content was .196., according to deputies.

Nearly two and a half hours later, police arrested another wrong-way driver in Tampa.

Officials claim the man was operating a 1998 Honda around 4:45 a.m. traveling eastbound in the westbound lanes of Adamo Drive when deputies pulled him over.

Reports show that the man smelled of alcohol and had slurred speech and watery eyes.

Both of the men were charged with driving under the influence.

Drunk driving is a very serious offense that can result in jail time for the offender. Victims of drunk driving accidents deserve to be compensated for their pain and suffering, medical costs and other losses that resulted from the accident. Most people recognize that they can sue a drunk driver for their injuries, but what most people fail to realize is that the pub, bar, restaurant or even the party host that served alcoholic drinks to the driver could also be held liable for damages under Florida’s dram shop laws.

November 26, 2014

46.3 Million to Hit Roads Thanksgiving Weekend: Travel Smart, Stay Safe

by Whittel & Melton, LLC

Gas prices across the country are at an average of $2.85 a gallon, which is the lowest cost for the entire year and down 43 cents from this time last year. According to AAA, travelers should anticipate more traffic on the roads as the Thanksgiving holiday approaches.

AAA estimates that nearly 46.3 million people will travel a distance of at least 50 miles from home over the Thanksgiving weekend, Wednesday, Nov. 26 through Sunday, Nov. 30. This is a 4.2 percent increase from last year and the highest anticipated volume since 2007.

According to AAA, around 90 percent of those travelling for the Thanksgiving holiday will do so by automobile. In accordance with that, Thanksgiving air travel is also expected to be at the highest level since 2007, with 3.55 million people flying.

Those who are driving to get to their Thanksgiving destination should plan their time out properly. It is estimated that it will take at least 25 percent longer to get to your final stop. In fact, Wednesday pre-Thanksgiving rush hour is expected to begin about two hours earlier than on a typical Wednesday. The worst delays are expected to occur between 2 p.m. and 5 p.m.

The National Safety Council expects 418 people will be killed during the Thanksgiving holiday and another 44,700 seriously injured. The best thing that you can do to protect yourself and those you love is to buckle up.

The following safety tips can help make sure your Thanksgiving holiday is safe and sound:

Check to see that your vehicle is in proper working order.
Make sure you have a full tank of gas, check the tire air pressure and make sure the windshield fluid is full.
Always wear a seatbelt and follow the speed limit.
Stay well-rested so that you can be alert behind the wheel.
Exercise caution in construction areas and work zones.
Avoid distractions – do not text and drive, refrain from calling or receiving phone calls and always pay attention to the road.
Take a break. Long trips may require you to stop frequently or even switch drivers.
Keep an emergency preparedness kit inside the vehicle with useful items, such as water, snacks, a flashlight, first aid kit, extra cash and blankets.

November 14, 2014

Takata Airbag Recall Continues

by Whittel & Melton, LLC

Takata Corporation, the Japanese maker of air bags used by auto manufacturers, is accused of selling faulty airbags to at least 11 different automakers dating back as far as 2001. The problem with these airbags is that they can rupture and spray shards of metal at drivers and front-seat passengers. The first reported airbag shrapnel ejection occurred in 2004, however, Takata apparently tried to conceal the incident and did not issue a recall until 2008.

Further scrutiny by experts shows that in high-humidity environments, like the Tampa Bay area and the rest of Florida, moisture can seep inside the airbag inflator and destabilize the chemical explosive. This can lead to an airbag explosion even after a minor accident.

Numerous people have been injured, blinded or killed after these airbags sent metal and plastic shards flying through a vehicle. Just last month the government added 4.74 million U.S.-market vehicles sold by Toyota, Honda, Mazda, BMW, Nissan and General Motors to the recall list for housing faulty Takata airbags. This is a serious safety concern, which is why the owners of vehicles that contain Takata airbags are urged to have the vehicle repaired as soon as possible.

More than 14 million vehicles from 11 automakers have been recalled for the defect to date, with most of these recalls occurring in the last two years. Takata’s faulty airbags have been linked to at least four deaths and more than 100 injuries, dating back to 2004.

A full list of recalled vehicles can be found below:

BMW

2000 – 2005 3 Series Sedan

2000 – 2006 3 Series Coupe

2000 – 2005 3 Series Sports Wagon

2000 – 2006 3 Series Convertible

2001 – 2006 M3 Coupe

2001 – 2006 M3 Convertible

Ford

2004 – Ranger

2005 – 2006 GT

2005 – 2007 Mustang

Mitsubishi

2004 – 2005 Lancer

2006 – 2007 Raider

Nissan

2001 – 2003 Nissan Maxima

2001 – 2004 Nissan Pathfinder

2002 – 2004 Nissan Sentra

2001 – 2004 Infiniti I30/I35

2002 – 2003 Infiniti QX4

2003 – 2005 Infiniti FX35/FX45

Honda

2001 – 2007 Honda Accord)

2001 – 2002 Honda Accord

2001 – 2005 Honda Civic

2002 – 2006 Honda CR-V

2003 – 2011 Honda Element

2002 – 2004 Honda Odyssey

2003 – 2007 Honda Pilot

2006 – Honda Ridgeline

2003 – 2006 Acura MDX

2002 – 2003 Acura TL/CL

2005 – Acura RL

Mazda

2003 – 2007 Mazda 6

2006 – 2007 Mazdaspeed6

2004 – 2008 Mazda RX-8

2004 – 2005 MPV

2004 – B-Series Truck

Subaru

2003 – 2005 Baja

2003 – 2005 Legacy

2003 – 2005 Outback

2004 – 2005 Impreza

Toyota

2002 – 2005 Lexus SC

2002 – 2005 Toyota Corolla

2003 – 2005 Toyota Corolla Matrix

2002 – 2005 Toyota Sequoia

2003 – 2005 Toyota Tundra

November 11, 2014

McDonald’s Recalls Hello Kitty Toy in Happy Meals

by Whittel & Melton, LLC

McDonald’s has issued a voluntary recall for 2.5 million Hello Kitty lollipop whistles after determining the toys pose a choking hazard to small children.

According to reports, McDonald’s received two reports of children choking on pieces of the Hello Kitty Birthday Lollipop Whistles. One of the children did require hospitalization.

The recall confirms that parts inside of the whistle can come loose and be inhaled by small children.

In the United States, 2.3 million whistles were distributed, and 200,000 were distributed in Canada in October and November.

The toys were included in McDonald’s Happy Meals and Mighty Kids Mills.

The U.S. Consumer Product Safety Commission provided the following information on the toy:

The recalled whistles are red come in a plastic Hello Kitty figuring holding a pink heart-shaped lollipop. The figurine is about three inches tall.
The whistle measures approximately 1.75 inches in height, 1.75 inches in width, and .75 inches in depth. A picture of Hello Kitty is included on both sides of the whistle.
“©1976. 2014 SANRIO CO., LTD” is etched in both the whistles, just above Hello Kitty’s face.
“Hello Kitty® Birthday Lollipop” is written on the bag the toy comes in and the number “6” is printed in the top right corner.

Choking and suffocation can cause severe brain damage and even death. The long-term medical care associated with a child who has suffered brain damage as a result of choking can financially ruin a family.

November 7, 2014

Survey: Despite Knowing the Risks, Motorists Still Driving Distracted

by Whittel & Melton, LLC

While numerous safety campaigns and drivers’ personal experiences have made motorists more aware of the dangers that distracted driving poses, a recent survey has found that many adults do not fully appreciate the fact that distracted driving can greatly increase the risk of automobile accidents. The survey concluded that many adults continue to use their cellphones while driving, even though they know the dangers of doing so.

The Harris Poll surveyed 2,045 adult drivers about their driving habits during May 2014. Of those adults surveyed, 94 percent said that sending texts while driving is either dangerous or very dangerous. Moreover, 91 percent of those surveyed said the same about reading text messages while driving. However, despite knowing the dangers of texting while driving, 45 percent of those surveyed said that they regularly read text messages while behind the wheel. Another 37 percent admitted to sending text messages.

The poll also found that 69 percent of those surveyed agreed that using a handheld cellphone while driving was dangerous, but 74 percent admitted to talking on the phone while driving and 21 percent confessed they did so frequently.

These results combined with the fact that the National Highway Traffic Safety Administration has found that driver distraction killed 3,328 people across the nation in 2012 are especially alarming. The NHTSA also estimates that distracted driving injured 421,000 Americans in 2012.

In order to combat the havoc that distracted driving unleashes on roadways, many states, including Florida, have instituted laws limiting cell phone use while driving. In October, 2013, Florida enacted a limited ban on text messaging while driving. Florida drivers cannot type, send or read messages when behind the wheel. However, Florida’s law is a secondary law, meaning that a law enforcement officer can only pull a driver over and issue a ticket if the officer witnessed some other violation, such as running a red light while texting. A police officer cannot stop a driver for simply texting while driving. Violation of this law is punished as a nonmoving violation, but if a crash occurs because of a moving violation and texting the driver will be penalized six points.

October 30, 2014

Deadly Bicycle Accidents on The Rise: What You Need to Know

by Whittel & Melton, LLC

The number of fatal bicycle accidents involving motor vehicles is on the rise, and the state of Florida is just second behind California with the highest number of deaths.

According to a report by the Governor’s Highway Safety Association, the number of U.S. bicyclists killed in accidents involving motor vehicles rose by 16 percent between 2010 and 2012.

During that same period, California had 338 cyclists killed in collisions with motor vehicles, and Florida had 329.

Florida and California also had the largest increases in annual cyclist traffic fatalities from 2010 to 2012. Florida’s deaths rose by 37 to 120 in 2012 and California’s cyclist deaths rose by 23 to 123. California had the most bicyclists killed of any state in 2012.

The GHSA report also found the following:

722 bicyclists were killed in motor vehicle crashes in 2012 across the nation. This number is up 6 percent from 680 fatalities the previous year. That number is also a 16 percent jump from the 621 bicyclists killed in 2010.
More than two-thirds of bikers killed were not wearing helmets. Despite the fact that many states have laws requiring minors to wear helmets while riding bikes, wearing a helmet is generally not a state or federal requirement for adults.
More than one-fourth of bicyclists killed in accidents were impaired. According to the report, 28 percent of bicyclists killed in motor vehicle accidents had blood alcohol concentrations over the legal limit of .08.
Findings show that nearly 9 in 10 bicycle fatality victims are adult males. In 2012, men made up 88 percent of those killed in bicycle traffic collisions.
Bike accidents are increasing in urban areas. According to the report, 69 percent percent of fatal bike accidents happened in urban areas in 2012, compared to only 50 percent in 1975.

If injured, it is important for Tampa Bay area cyclists to understand their legal rights and seek medical attention immediately. Fortunately for injured bicyclists, the city of Tampa and the surrounding areas, as well the state of Florida, have passed favorable laws that hold negligent, careless and reckless drivers accountable for bicycle accidents.

October 22, 2014

Reduce Deaths and Increase Awareness: National Teen Driver Safety Week Awareness

by Whittel & Melton, LLC

This week is National Teen Driver Safety Week, so this is a time to bring up the real dangers teens face when behind the wheel of a motor vehicle. According to the Centers for Disease Control and Prevention, auto accidents are the leading cause of death for teens. Moreover, the National Highway Transportation Safety Administration reported that almost half of teen drivers involved in a collision are killed.

While the above statistics present a real problem in regards to teen drivers, a recent survey found that only 25 percent of parents have had a discussion with their teens stressing the importance of driving safely.

The NHTSA discusses the following rules for teens in its “5 To Drive” campaign:

No cell phones while driving
No extra passengers
No speeding
No alcohol
No driving or riding in a car without a seatbelt

The “5 to Drive” campaign was launched during Teen Driver Safety Week last year, and it addresses the five most dangerous and deadly behaviors for teen drivers. The thought behind this initiative is to help parents address these five key issues when talking with their teens about driving.

The statistics regarding teenage driver collisions are sobering. Approximately 60 percent of the teens that died in crashes in 2012 were not wearing a seatbelt and 48 percent of those killed were speeding. Teens are involved in crashes where speeding is an issue at a rate of 60 percent higher than that of adults.

As parents, it is our responsibility to set a good example for our children by always wearing our seat belts and stressing the importance of why we wear them. Seatbelts save lives. In addition, it is important to continue setting a good example by following all posted speed limits and other rules of the road.

Alcohol is another key issue in teen driver deaths. In 2012, NHTSA statistics showed that 28 percent of teen drivers between the ages of 15 and 20 who were killed in crashes had been drinking.

Another serious problem for teens is texting and driving. In 2012, a study found that cell phones distracted nearly 1 in 5 teens in distraction-related fatal crashes. Extra passengers in the vehicle also cause distraction for teens, and the risk for an accident only increases with each additional passenger. In fact, just one passenger raises a teen driver’s risk of a fatal crash by 44 percent.

September 23, 2014

Tampa Teacher Arrested for Driving the Wrong Way Near Interstate 75

by Whittel & Melton, LLC

A Tampa high school teacher was arrested on Sunday for driving the wrong way near I-75, according to troopers.

Reports indicate that the Florida Highway Patrol received a call around 3:50 a.m. regarding a wrong-way driver on State Road 618 near 22nd Street.

Troopers were told a gold 2001 Saturn was traveling eastbound in the westbound lanes and would eventually turn southbound in the northbound lanes of I-75. A trooper arrested the 24-year-old teacher as he exited at the northbound Gibsonton Drive entrance ramp.

The social studies teacher was charged with driving under the influence and driving the wrong way on a limited access roadway.

The man allegedly refused to provide a breath test, but the trooper claims he had bloodshot eyes and smelled of alcohol.

This year alone has shown an outbreak of wrong-way driving on the interstates in the Tampa Bay area. Fortunately, some of these wrong-way drivers have been stopped by local police before a tragic collision occurred, as this case shows, limiting the effects of wrong-way drivers. However, unfortunately, there have been five serious wrong-way crashes on the interstates in the Tampa Bay area this year, resulting in 11 deaths and numerous injuries.

Many drivers are the victims of wrong-way accidents in the Tampa Bay area every year. Those injured or those who have had loved ones taken from them may be left with the financial burden of medical expenses and lost wages to handle on top of the pain and suffering they must go through while working towards recovery. These victims are not without relief, though, as the laws in Florida give accident victims and immediate family members the right to bring a personal injury or wrongful death claim for their damages against negligent motorists who caused a car accident.

September 10, 2014

AGAIN?? Three Killed in Wrong-Way Crash on I-275 in Tampa

by Whittel & Melton, LLC

A wrong-way driver and her two passengers were killed in a head-on collision with a gasoline tanker truck on Interstate 275 just south of Bearss Avenue early Sunday.

This is the fourth fatal wrong-way crash on I-275 in Tampa this year that has happened just before sunrise.

The Florida Highway Patrol believes a 2013 Honda sedan was traveling south in the inside lane of northbound I-275 when it crashed into a Gemini Motor Transport tanker that was headed north. Both vehicles came to a halt in the northbound lanes.

The car’s driver, along with another woman in the front passenger seat and a man sitting in the back, all died at the scene.

There is no information regarding when, where or why the women entered the interstate heading in the wrong direction at this time.

The driver of the tanker, a 50-year-old Lakeland man, was not injured. No fuel was spilled, however the crash created a lot of debris.

This is not the first wrong-way collision on I-275 in Tampa in the last seven months.

On Feb. 9, a 28-year-old man driving south in the northbound lanes of I-275 collided near Busch Boulevard with a 2010 Hyundai carrying four University of South Florida fraternity brothers. All five men were killed.

Less than two weeks later, a 25-year-old drove a Honda Civic north on the southbound side of I-275 and smashed into a rental truck near Bearss Avenue. The man was killed and the two men in the truck suffered personal injuries.

Last month, a 23-year-old man was killed after he crashed into an ambulance after entering I-275 from I-4 going north in the southbound span.

According to the FHP, most of these wrong-way accidents involved drivers making U-turns on the highway. Impairment was at least suspected in the previous wrong-way crashes. Troopers said it is too early to tell whether it was a factor in this crash.

In an effort to combat this serious problem, officials with the Florida Department of are taking steps to better protect motorists against wrong-way drivers. Message boards warn motorists once a 911 call has been made. The agency is also testing interstate sensors that would automatically notify the FDOT of a wrong-way driver even before that first 911 call.

Wrong way collisions are usually very serious due to the fact that two vehicles traveling at moderate to high speeds generally do not have enough time to break or take any other evasive action to avoid a head-on collision. A crash of this magnitude creates significant impact forces into the occupant compartments of both vehicles. Sadly, catastrophic injuries and death are quite often the result of wrong way accidents.

One of the most common causes of wrong way collisions is drivers operating their vehicles under the influence of either drugs or alcohol. While this is certainly not the only reason these accidents occur, it is usually a factor.