Tampa Bay Personal Injury Lawyer

July 29, 2014

9-Year-Old Girl Critically Injured in Beach Plane Crash Dies

by Whittel & Melton, LLC

A 9-year-old girl that was critically injured Sunday when a plane hit her and her father during a beach landing near Venice Beach has died.

The girl died of critical injuries suffered when a plane hit her and her father on Caspersen Beach, according to the Sarasota County Sheriff’s Office.

She was transported to All Children’s Hospital in St. Petersburg immediately following the crash.

Her 36-year-old father was killed Sunday in the crash.

According to officials, the 57-year-old pilot of the 1972 Piper Cherokee reported that the plane was in distress around 2:45 p.m. and could not make it back to the airport. He attempted to land the plane on the beach.

The pilot and his 60-year-old passenger were not injured.

The Federal Aviation Administration and National Transportation Safety Board are investigating the crash.

Airplane crashes are rarely heard about in the news, but when they do occur they often cause catastrophic injuries to passengers, and in many cases death. If you have lost a loved one in an airplane crash that was caused by the negligent actions of the pilot, airline employees, the airplane manufacturers, air traffic controllers or even weather service operators, a Tampa Bay Wrongful Death Lawyer can assist you in filing a wrongful death claim and pursue financial compensation from all parties who were responsible.

July 21, 2014

Tampa, Florida 4-Year-Old Killed by Uncle’s Pit Bulls

by Whittel & Melton, LLC

A 4-year-old boy was mauled Saturday night by two pit bulls that had been crated at his uncle’s house in Riverview.

Authorities are still trying to determine how the attack occurred.

According to the Hillsborough County Sheriff’s Office, two deputies were conducting a traffic stop near the home when they heard a child’s screams.

They ran to the scene and found the child in the front yard with the pit bulls standing over home. The child was pronounced dead at the scene around 10:30 p.m.

Investigators claim that the boy and his mother had walked from their home to their aunt and uncle’s residence.

The uncle had crated the two dogs before their arrival.

The boy was apparently eating ice cream in the living room of the house while the adults were in the master bedroom talking.

When they heard the screams, they realized the boy was not in the house. The deputies arrived moments later.

Animal Services responded to the home and took possession of the dogs. According to authorities, this was the first call to the home for a problem with the dogs.

No charges have been filed, but authorities are still investigating.

Animal attacks are actually more common than you may realize. The American Humane Association estimates that 4.7 million dog bites happen in the U.S. every year, with nearly 800,000 of them requiring medical care. Sadly, most dog attacks involve young children.

Nearly half of all dog bites involve children under the age 12, and more than 80 percent of dog bites are treated in hospital emergency rooms and involve children under age 15.

The ASPCA predicts that half of all children in the United States will be bitten by a dog before they turn 12. Most of these bites will be from the family dog or the dog of a neighbor or friend.

If you or your child has been injured in an animal attack, it is important to speak with an attorney as soon as possible to protect your rights. A Tampa Bay Wrongful Death Lawyer will conduct a thorough investigation into the attack, collect any evidence and deal with the responsible parties directly. We can handle the insurance companies involved with the claim so that you can focus on the grieving process and moving forward from this difficult time.

July 16, 2014

Contractor Dies in Slip and Fall Accident at TECO Power Plant

by Whittel & Melton, LLC

A Tampa contractor died Monday after officials believe he slipped and fell while working at a TECO power plant in Tampa.

Reports indicate that the 31-year-old was dismantling an old unit at the Bayside TECO power plant when he slipped and fell through a grate located on the catwalk.

According to officials, the man fell about 50 feet to the ground. The Hillsborough County Fire Rescue pronounced the man dead at the scene.

July 8, 2014

Tampa Bay Traumatic Brain Injury Lawyer :: Possible Link Between Brain Injury and Dementia

by Whittel & Melton, LLC

A new report shows a possible connection between traumatic brain injuries and dementia. According to an article by US News and World Report, veterans who have suffered a traumatic brain injury are more likely to develop dementia later in life.

The study reports that former soldiers are 60 times more likely to develop dementia earlier in life than their counterparts who have never been diagnosed with any brain injury.

The study examined 190,000 veterans, who were all around 68-years-old and dementia-free. According to the report, 1,299 of these vets had at some point received a traumatic brain injury diagnosis.

The study followed the vets over the course of nine years. During that time, researchers observed that 16 percent of the veterans with brain injuries developed dementia, while only 10 percent of those without a brain injury developed dementia.

While the study does indicate a strong link between TBIs and dementia, there are numerous other factors that could influence the equation, including the possible presence of high blood pressure, post-traumatic stress disorder, depression and diabetes.

The author of the study was quoted as saying, “Our results suggest that [brain injury] may increase the risk of developing dementia in older veterans, with an age of onset about two years earlier. So clinicians may want to keep an eye out for signs of cognitive impairment in older veterans with a history of [brain injury].”

Dementia is a term that covers a range of medical symptoms, such as extreme memory loss and the lack of ability to accomplish basic daily care responsibilities. There are many different types of dementia conditions, including:

Alzheimer’s Disease. This is reportedly the most common type of dementia, accounting for about 70 percent of cases. Early warning signs of this disease include memory problems, excessive lethargy and depression.

Vascular Dementia. This disorder is also known as post-stroke dementia because it

usually occurs in patients that have recently suffered a stroke. This disease generally arises from blood vessel blockage in the brain and affects the brain’s ability to make decisions.

Huntington’s Disease. This is a progressive disorder that is caused by a single defective gene. Common side effects include involuntary muscle movements, irritability and a decrease in cognitive skills.

Parkinson’s Disease. As this condition progresses, dementia can set in. The most common symptoms of this disorder include movement complications, sleep conflicts and visual hallucinations.

June 30, 2014

Tampa Bay Injury Lawyer :: Fourth of July Fireworks Safety Tips

by Whittel & Melton, LLC

According to the United States Consumer Product Safety Commission, 11,400 fireworks injuries were treated in hospital emergency rooms during the month surrounding July 4th last year. A good amount of these injuries were reportedly from people misusing fireworks. The most common injuries happened from lighting fireworks too close to someone, lighting fireworks incorrectly and playing with lit or used fireworks.

Fireworks normally undergo arduous testing before they are sold to the American public, according to the National Council on Fireworks Safety. However, this does not mean that fireworks cannot be defective. Most fireworks-related injuries are not from defective products, though. Rather, most of these accidents are entirely preventable, and occur due to misusing these explosive devices.

Fireworks can be fun, but it is also very important to use them safely. Follow these guidelines to decrease your chance of experiencing a fireworks-related accident:

Adhere to all fireworks laws in your area and avoid behaving recklessly. In Florida, consumer fireworks are illegal. Nonetheless, state lawmakers passed an exception to this rule allowing fireworks to be purchased by farms and fish hatcheries. In order for vendors to sell fireworks to the general public, all they have to do is have buyers sign forms saying they are actually purchasing under an agricultural exemption.
Follow all instructions on the label and do not try and alter the firework in any way.
If children are going to be around, always have adult supervision and never allow a small child to handle fireworks.
Have a source of water handy in case something goes wrong.
Alcohol and fireworks should not be combined. If you are going to be drinking, leave the fireworks displays to the professionals.
Ignite fireworks in a clear outdoor space. Check and make sure the area is not conducive to fires.
Soak all used fireworks with water before throwing them away.

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.

June 9, 2014

Tampa Bay Pedestrian Injury Attorney :: Brother and Sister Struck by Car Crossing Bearss Avenue After School

by Whittel & Melton, LLC

A brother and sister were struck by a car while leaving middle school on the last day of the school year on Friday leaving them hospitalized.

According to friends and witnesses, the girl was hit while she was trying to pull her brother out of the way of the car.

The brother and sister, both students at Buchanan Middle School, were struck by a Honda Civic heading east on Bearss Avenue. The siblings were attempting to cross the busy four-lane road at about 1:30 p.m. According to the Hillsborough County Sheriff’s Office, both were in stable condition at St. Joseph’s Hospital.

The girl, 15, who finished eighth grade at Buchanan, suffered a broken ankle, and the boy, 12, endured a head injury.

Five students, including the brother and sister, were following a group of about 25 students who were heading to a nearby park to celebrate the end of the school year. The first group made it successfully across Bearss Avenue at Monet Drive, which does not have a crosswalk.

When the brother and sister and their three friends crossed, they stopped at the median, but the 12-year-old boy kept walking. His sister reached out and grabbed his shirt to keep him from getting hit, but as a result, they were both struck by the vehicle.

The sheriff’s office said the boy is a special needs child.

When it comes to pedestrian safety, there are steps that both motorists and pedestrians can take to decrease dangers. Drivers approaching intersections or crosswalks should not let distractions affect their awareness of pedestrians in the area. Additionally, motorists should signal turns and know right-of-way rules. Pedestrians should only cross roadways in specified areas. Most drivers are alert in these areas as they expect to see pedestrians in these locations and can be prepared to stop. It is also important for pedestrians to try and make eye contact with drivers when they can, so that they can be alerted that the pedestrian is going to cross the street.

Pedestrian accidents can cause serious injuries that usually result in a long recovery period. Most victims of pedestrian accidents require extensive treatment for their injuries, and then must undergo rehabilitation and physical therapy to get back to living a normal life. This can result in exceptionally pricey medical bills.

June 5, 2014

Sarasota County Injury Lawyer :: Dancer with the Sarasota Ballet Killed in Bicycling Accident

by Whittel & Melton, LLC

A 20-year-old dancer with the Sarasota Ballet died in a bicycling accident on Wednesday after he collided with a delivery truck, according to reports.

The dancer, from Brazil, was transported to Blake Medical Center in Bradenton where he died from his injuries Wednesday evening.

The accident occurred in the 5400 block of North Tamiami Trail in Sarasota around 2 p.m.

According to Sarasota Police, the delivery truck, driven by a 58-year-old Tampa man, was making a right turn onto a service entrance road leading into the Ringling Museum.

Police believe the delivery truck pulled in front of the dancer as he was approaching the road. Reports indicate that the driver may have failed to see the man or the bicycle.

The man’s bicycle hit the side of the delivery truck, causing significant injuries.

The driver of the delivery truck has been charged with violation of right-of-way to a bicyclist.

The accident is currently still under investigation.

Bicycle riders suffer an astounding number of serious injuries and fatalities every year in accidents involving motor vehicles. Many of these accidents are the fault of the motor vehicle drivers. In 2012 alone, the National Highway Traffic Safety Administration noted that 49,000 bicyclists were injured in traffic accidents in the United States and another 726 were killed.

As many bicyclists are aware, drivers of cars, trucks and SUVs can easily fail to notice cyclists, and many choose to ignore their rights. When motorists do not pay attention to their surroundings, they can make moves that threaten the lives of bicycle riders and others sharing the roadways. Bike riders can suffer severe injuries or even death when motorists fail to check their blind spot before changing lanes, execute right turns directly in front of bikers, sideswipe cyclists travelling on the shoulder, drive under the influence of alcohol or drugs, open car doors in front of them, fail to stop at stop signs or even back out from driveways without looking. Even worse, many motor vehicle drivers do not respect the fact that Florida laws protect bicyclists and award them the same rights to use the streets as motorists.

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.

May 16, 2014

Tamp Bay Trucking Accident Attorney :: One Killed, One Injured in Dump Truck Collision in Plant City

by Whittel & Melton, LLC

One person was killed and another remains in critical condition following a serious collision in Hillsborough County Tuesday night.

According to the Hillsborough County Sheriff’s Office, a 53-year-old man was killed when his car struck a disabled dump truck along Bruton Road in Plant City.

Deputies believe the driver of the GMC dump truck was putting gasoline in the truck, which was broken down on the north side of Bruton Road facing west. The rear of the truck was still in the road when the deceased man’s 1996 Nissan collided with it at about 45 miles per hour.

According to authorities, the deceased man failed to see the edge of the truck and ran into it.

The man was pronounced dead at the scene. His passenger was transported to Tampa General Hospital via helicopter and remains in critical condition with severe trauma to the neck.

The dump truck driver was not harmed.

Charges are pending.

A fully loaded dump truck can be very heavy, weighing as much as 65,000 pounds. Unfortunately, an accident between a large truck and a passenger vehicle can result in serious injuries, ranging from broken bones and amputation to traumatic brain injuries, spinal cord trauma and even death.

Like all commercial vehicle operators, dump truck drivers are held to a higher standard than non-commercial drivers. If you or someone you love was involved in an accident with a dump truck or any other commercial vehicle, you need to discuss the facts of your case with an injury lawyer who has a firm understanding of state and federal laws. While every case is unique, there are many truck accident cases that involve drivers violating regulations or laws that you may not have been aware of.