Tampa Bay Auto Accident Lawyer

January 9, 2014

Tampa DUI Accident Attorney :: Driver’s Alcohol Detection System still in development by NHTSA

by Whittel & Melton, LLC

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) wants to continue working with a coalition of automakers to develop a Driver Alcohol Detection System to curb the growing trend of DUI fatalities.

According to reports, in 2012, deaths in crashes involving drunk drivers increased 4.6 percent, taking 10,322 lives, compared to 9,865 in 2011.

The Driver Alcohol Detection System, or DADSS, promises to detect when a driver is above the legal alcohol limit of 0.08 BAC adopted by all 50 U.S. states, including Florida. The automatic system would be enabled every time the car is started, but unobtrusive so it would not pose an inconvenience to the non-intoxicated driver.

By early 2015, the agency hopes to have a research vehicle that incorporates two different approaches to measuring alcohol in a person’s system– a touch-based and breath-based system. To date, research using laboratory-scale prototype device is underway, while testing with on-road prototype devices is expected within the next few years.

NHTSA and ACTS are contributing a combined total of $6.5 million to help advance the research into DADSS.

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.

November 12, 2013

St. Petersburg Auto Accident Lawyer :: Woman Killed in Broadside Collision in St. Petersburg

by Whittel & Melton, LLC

A 42-year-old St. Petersburg woman was killed Monday after the vehicle she was riding in was broadsided on Fourth Street N. in St. Petersburg.

According to police, the woman was a passenger in a 1992 Buick driven by her 53-year-old roommate. The crash occurred around 7 p.m.

Police claim the woman’s roommate was heading north on Fourth Street when he turned into the path of a 2003 Toyota at 54th Avenue N.

The driver of the Toyota, a 42-year-old St. Petersburg woman, struck the Buick between the wheels on the passenger side, critically injuring the woman. She was rescued from the vehicle and taken to Bayfront Medical Center, where she was pronounced dead just a short time later, according to police.

The woman’s roommate was taken to Bayfront with minor injuries. The driver of the
Toyota was treated for minor injuries at the scene of the collision.

Police are currently still investigating the accident.

Some of the most serious and deadly motor vehicle accidents in St. Petersburg and the surrounding area involve broadside crashes. A broadside car accident, also referred to as a side impact or T-bone crash, usually occurs at an intersection. These collisions can happen at a busy St. Pete intersection, in a residential neighborhood or on any of St. Petersburg’s heavily travelled roads.

Next to head-on collisions, broadside collisions are the second most deadly kind of auto accident. Broadside impacts usually lead to severe injuries to the drivers and passengers involved in a crash. Drivers and passengers often suffer from brain injuries, spinal fractures, broken bones and head and neck injuries. These accidents have a high percentage of injuries and fatalities due to the fact that the sides of most vehicles do not offer the same protection as the front and rear do, even though most newer cars are equipped with side impact airbags. T-bone collisions also typically occur at high speeds, usually when someone runs a stop light or a red light at an intersection.

November 11, 2013

Tampa Bay Wrongful Death Lawyer :: Clearwater Man Killed in Oldsmar Collision

by Whittel & Melton, LLC

A three-vehicle collision in Oldsmar Wednesday afternoon took the life of an 81-year-old man.

The accident occurred around 2:47 p.m. at the intersection of Tampa Road and St. Petersburg Drive.

According to Pinellas County sheriff’s deputies, the Clearwater man’s wife, 65, was driving a 2005 Cadillac DeVille west on Tampa Road and went to make a left turn onto St. Petersburg Drive when her car was struck on the passenger side by two vehicles — a Jeep Liberty driven by a 32-year-old woman and a Ford Fusion driven by a 31-year-old man.

The deceased was trapped in the debris for about a half-hour before firefighters from Oldsmar Fire Rescue extracted him from the wreckage, according to reports. He was flown by helicopter to St. Joseph’s Hospital, where he was pronounced dead at 4:17 p.m.

The man’s wife was taken to St. Joseph’s with injuries that were not considered life threatening.

The other drivers involved in the pileup were not harmed.

The crash remains under investigation.

Any type of motor vehicle accident can lead to serious injuries to all parties involved. However, when multiple vehicles are involved in a crash, injuries are often compounded. Multi-vehicle accidents can result in catastrophic injuries including head, brain, neck and spinal cord trauma. Sadly, these types of collisions often end in fatality.

November 4, 2013

Tampa Bay Pedestrian Accident Attorney :: 3-Year-Old Critically Injured in Sarasota Crash

by Whittel & Melton, LLC

A three-year-old boy was taken to the hospital and listed in critical condition Saturday night after being struck by a car in Sarasota.

The crash took place on Bee Ridge Road and Briggs Avenue around 7 p.m., according to reports.

The Florida Highway Patrol believes the child ran into the road from the shoulder and in front of a car. The 70-year-old man who was behind the wheel apparently tried to swerve out of the way to avoid making contact with the child, but could not.

The driver and his passenger did not suffer any injuries.

Child pedestrian accidents can happen at any time of day for many different reasons. Usually children wind up the victims of pedestrian accidents for two reasons – not following pedestrian safety rules or because of a distracted or reckless driver. Sadly, 630 children, on average, are killed every year in child pedestrian accidents. Another 39,000 suffer serious injuries in pedestrian accidents caused by negligent motorists.

When a negligent driver hits a pedestrian the aftermath can be tragic. The parents or guardians of a child who has been injured or killed in a pedestrian accident caused by a careless driver can usually seek some type of financial compensation from the at-fault driver. While no amount of money can change your child’s physical condition, it can help pay for growing hospital bills, long-term care and other bills that rack up as a result of the accident. Money is the last thing you want weighing on your mind during this difficult time. A Tampa Bay Pedestrian Accident Attorney at Whittel & Melton can get to work on your case right away so that you can focus on your child’s recovery.

October 7, 2013

St. Petersburg Auto Accident Attorney :: Children Rescued from St. Petersburg Canal Following Multi-Car Crash

by Whittel & Melton, LLC

Last month, two children were rescued from inside a car that had flipped over in a St. Petersburg canal.

St. Petersburg police said a chain reaction collision caused the children to be knocked into the canal and trapped them inside the vehicle.

The accident occurred around 2 p.m. just after the children had been picked up by their father from their elementary school.

Police claim a female driver of a gold Chevy Tahoe was heading eastbound on 77th Avenue North when she accelerated and smashed into the cars in front of her, ultimately sending a silver sedan carrying the two children, ages 8 and 9, and their father into the water.

The car hit a pickup, which then hit a bus carrying children to an after-school karate class. No one was harmed from these vehicles.

The father and the 9-year-old boy made it out of the water first. The 8-year-old boy’s seatbelt was stuck inside the vehicle, but with the help of some good Samaritans who heard and saw the crash, he was cut out of the seatbelt and pulled out of the water where he was rushed to the hospital as trauma alert.

The woman, who apparently had four children in her car, also crashed into the canal. Her and her kids made it out safely.

Police said that the woman driving the Tahoe was at fault and that charges are pending.

Determining who is at fault in a multi-vehicle collision can be difficult. If multiple drivers are found to be responsible for the accident, then comparative negligence may apply.
The state of Florida does follow a comparative negligence system, which holds each responsible party liable for his or her percentage of damages. However, based on the facts reported from this accident, it seems that comparative negligence may not apply since the driver of the SUV was found to be solely responsible for the multi-car crash.

September 30, 2013

St. Petersburg DUI Accident Attorney :: St. Pete Teen Charged with DWI Manslaughter in Double-Fatal Parrish Collision

by Whittel & Melton, LLC

A St. Petersburg teen was recently arrested on charges of DWI manslaughter in connection to a crash that killed a Winter Haven couple in Parrish last year.

The 18-year-old was arrested in early September after the State Attorney’s Office filed charges against her, according to the arrest report.

She has been charged with two counts of DWI manslaughter and two counts of DWI causing personal injury to passengers in her vehicle.

She was being held at the Manatee County jail with bail set at $16,000.

On Jan. 8, 2012 at 8:25 p.m. the then 17-year-old teen was driving her 2005 Toyota Prius westbound on State Road 62 when she reportedly ran off the road, over-corrected and re-entered the roadway, hitting a motorcycle carrying the Winter Haven couple.

The couple was ejected from the motorcycle onto the shoulder of the road.

The 61-year-old man and 55-year-old woman were pronounced dead at the scene.

The teen suffered serious injuries in the collision. When her Prius came to a stop, the car’s front end caught fire.

She was taken to Manatee Memorial Hospital following the crash. Her blood alcohol level was determined to be .146, according to police.

The Florida Highway Patrol performed a homicide traffic investigation and recommended charges to the State Attorney’s Office. Charges were filed against the teen on Aug. 21 and a warrant was issued for her arrest.

More than 43,000 people are killed annually in car accidents across the United States, according to the National Highway Traffic Safety Administration. Nearly 40 percent of these fatal crashes are alcohol-related. According to the Centers for Disease Control and Prevention, 32 people are killed every day in the U.S. in automobile accidents involving a drunk driver. This translates to one death every 45 minutes.

September 30, 2013

Tampa Bay Trucking Accident Attorney :: Deaf Cyclist on Charity Ride Struck by Semi-Trailer

by Whittel & Melton, LLC

A 24-year-old Maryland man on a cross-country bike trip to raise money for hearing loss was forced to put the last leg of his more than 10,000-mile trek on hold after he was struck by a semi-trailer truck earlier this month.

The man was biking with his cousin on a highway from Tropicana Field in St. Petersburg en route to Miami, the final stop on the almost six-month-long journey, when he was clipped by the mirror of a blue freight truck at around 9:40 p.m., according to a Polk County Sheriff spokeswoman.

He fell off his bike and landed on the shoulder of the roadway.

Emergency responders arrived at the accident site, but the man, who is deaf, was unable
to communicate since his hearing apparatus was knocked off.

He was taken to Florida Hospital Heartland Medical Center in Sebring. He suffered a concussion, a broken nose, a fractured left cheek bone, road rash and bruising from his fall.

The man has since been released. The Polk County Sheriff’s Office is investigating the accident.

The man was born with normal hearing, but went deaf between the ages of two and 10. He endured cochlear implant surgery and was able to join the hearing world.

Last fall, he decided to combine his love for baseball, bike riding and helping others in hopes of raising money and awareness for cochlear implants.

The baseball fan set out on a bike trip to Major League Baseball stadiums across the country in April.

While the accident set him back a few weeks, he did make it to 30th and final stop on his charity ride Tuesday night to see the Miami Marlins game against the Philadelphia Phillies at Marlins Park.

Before the accident, the man raised more than $140,000.

While the details regarding this accident are sparse, if the truck driver was aware that he hit the bicyclist, he could face criminal charges for failing to stop and wait for authorities. Additionally, the cyclist could seek financial compensation for the damages he suffered.

September 17, 2013

Tampa Bay Injury Attorney :: Passenger Shooting the Result of Possible Road Rage

by Whittel & Melton, LLC

A 45-year-old Brandon man riding shotgun in a pickup truck during Monday evening rush hour was shot and injured in what authorities believe was a possible act of road rage.

A 45-year-old Brandon woman was driving the Ford F150 east on Causeway Boulevard with the man as her passenger.

The woman stopped at a traffic light just after 6 p.m. on U.S. 301 when a man driving a sport utility vehicle got out of his car and came up to the passenger side of the truck.

According to the Hillsborough County Sheriff’s Office, the man fired a gun twice, hitting the man in the passenger seat of the truck in the leg, arm and chest. The man was taken to Tampa General Hospital with what the Sheriff’s Office said were non-life-threatening injuries.

The shooter then got back into his SUV and drove away heading south on U.S. 301.

The driver of the truck told police she may have cut the driver off.

Deputies are asking anyone with information regarding the shooting to call the Sheriff’s Office at (813) 247-8200 or Crime Stoppers at 1-800-873-TIPS (8477).

Aggressive driving is nothing new, but has become an increasingly large problem on roads throughout the United States. Often referred to as road rage, aggressive driving can be blamed on everything from congested roadways to warmer climates and even a simple change of pace in our everyday lives. Whatever the reason, road rage kills or injures thousands of individuals every year. In fact, according to the AAA Foundation for Traffic Safety, more than 1,500 people are injured or killed each year throughout the U.S. due to aggressive drivers.

There are many types of driving behaviors that can signal road rage, including:

• Tailgating, Sudden Acceleration or Sudden Braking
• Excessive Use of Flashing Lights or Horns
• Cutting Others Off
• Shouted Threats and Obscenities
• Vulgar Hand Gestures
• Intentionally Causing a Crash
• Threatening the Use of Weapons