Tampa Bay Personal Injury Lawyer

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 18, 2015

Man Killed in Collision with School Bus in Clearwater

by Whittel & Melton, LLC

The driver of a Mini Cooper involved in a crash with a school bus on Thursday morning in Clearwater has died.

The crash happened at 7 a.m. on South Missouri Avenue at Lotus Path.

According to Clearwater police, two school buses were headed south on Missouri Ave. when the first one stopped to pick up students. The second bus stopped behind the first, and the man driving the Mini Cooper ran into the back of the second bus.

He was taken to Morton Plant Hospital, where he was later pronounced dead.

There were no students on the second bus.

The bus driver was not harmed in the accident.

School bus accidents can be caused by various factors, including:

Driver negligence
Dangerous roadways
Inclement weather
Improper vehicle maintenance

These accidents may lead to serious physical injury or death, including:

Head injuries
Brain and spinal cord injuries
Fractured bones
Burn injuries
Cuts and bruising
Disfigurement or Loss of Limbs
Internal injuries

In certain cases, the driver of the school bus may be at fault for the accident. Sometimes the driver of another vehicle is responsible for causing the collision. A Tampa Bay Auto Accident Lawyer at Whittel & Melton can gather and investigate any and all evidence to determine who is liable for your injuries or the loss of someone close to you.

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 27, 2015

Avoid Black Friday Shopping Hazards

by Whittel & Melton, LLC

After a day spent with family and friends feasting and watching football, many Americans will head out for a day filled with holiday shopping, better known these days as Black Friday. Stores throughout the Tampa Bay area have been advertising deals for weeks, and many shoppers will start lining up outside the stores after Thanksgiving dinner is finished. Some stores have special deals that start on Thanksgiving night.

Black Friday often results in an increased risk of accidents and injuries. Mall parking lots will be crowded with pedestrians, shopping carts, drivers searching for parking spots, and children of all ages and sizes. According to Progressive Insurance, parking lot related accidents increase 36.5 percent on Black Friday. Progressive also reports that rear-end collisions account for 12.57 percent of claims. Hitting a parked car or having your parked car hit by someone else accounts for 11.13 percent of claims. Backing into another car or having your car backed into accounts for 7.68 percent of claims.

When stores first open on Thanksgiving evening or Black Friday, there is the risk of overly enthusiastic shoppers to stampede to get to the special sale items. Be aware of your surroundings so that you can avoid any accidents. Slip and fall accidents can also happen inside stores quite easily. Wet floors, large crowds, pushing and shoving can all lead to slip and fall or trip and fall accidents. Head and other bodily injuries from falling merchandise or careless customers can be serious and ruin the holidays.

Shopping cart injuries are also becoming more common on Black Friday. Shoppers should be overly cautious to make sure their carts do not tip over and that small children are properly secured. According to reports, nearly 24,000 children are treated in U.S. emergency rooms for accidents related to shopping carts every year. While falls from the shopping cart are the most common injuries, injuries from running into or falling over the cart, cart tip-overs and entrapment of extremities in the cart are also common. Always pay attention to children when shopping, and pay special mind to the potential for accidents when it comes to shopping carts.

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 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 9, 2015

Manatee County Considering Removing Golf Carts from Roadways

by Whittel & Melton, LLC

County commissioners are looking at the possibility of cracking down on golf carts on some roads in Manatee County.

More specifically, county commissioners are considering an ordinance to remove them from Whitefield Avenue in Sarasota, Tara Boulevard in East Bradenton and El Conquistador Parkway in West Bradenton. This decision will be discussed on Tuesday.

Currently all of these roads are designated for golf carts. If approved, this would change that.

If approved, the golf carts would not go away entirely. The county may consider designating sidewalks for the carts.

In addition to the golf carts, county commissioners will also be considering raising the speed limit on 12 county roads.

The changes are being considered as a way to improve travel times and relieve congestion.

The possible causes of golf cart accidents are very similar to the causes of other types of traffic crashes. Collisions may be caused by drunk driving, distracted driving, reckless driving, road rage, etc. In certain situations, drivers of regular street vehicles fail to recognize golf carts on the roadway and provide them with enough space, or there may be other scenarios in which golf cart drivers fail to abide by the regular rules of the road. Other causes of accidents may be caused by defects with golf carts, such as those resulting from manufacturing errors or poor maintenance.

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 28, 2015

Mother Killed, 2 Children Injured in Plant City Crash

by Whittel & Melton, LLC

A young mother was killed and her two young children were injured Sunday morning when the woman crashed her minivan into a utility pole off Wilder Road.

The 25-year-old died at the scene. A 4-year-old and 1-year-old was ejected from the van and taken to Tampa General Hospital with minor injuries.

None of them were wearing seat belts, according to the Hillsborough County Sheriff’s Office.

Deputies believe the woman was driving north on Wilder Road near Knights Griffin Road around 7 a.m. when her 2005 Buick Terrazo drifted off the road. Deputies believe she overcorrected into the oncoming lane, then swerved back to the right and lost control of the vehicle.

The vehicle spun into a ditch and hit a TECO utility pole, causing power lines to fall from the insulators and lean against the pole.

No other vehicles were involved and alcohol is not suspected, deputies said.

The crash remains under investigation.

A wrongful death lawsuit in Florida is able to be filed on behalf of a deceased victim’s immediate family members, including a spouse, child, parents or grandparents. The lawsuit may seek financial compensation for several different kinds of damages, both economical and noneconomical, for expenses like hospital bills and related medical expenses, funeral costs, pain and suffering of the victim and their family, loss of companionship, lost wages and other benefits, loss of consortium and more.

The amount of damages that are able to be obtained in a wrongful death lawsuit can vary and depends on several factors, however, this is why it is necessary to have a lawyer working on your behalf after you have lost a loved one in an auto accident to ensure you and your family receives any monetary compensation you are owed.

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.