Tampa Bay Personal Injury Lawyer

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.

August 15, 2013

Tampa Bay Injury Lawyer :: Bicyclist Killed in Collision with Pickup Truck in Plant City

by Whittel & Melton, LLC

A 22-year-old man was killed Tuesday morning after a pickup truck struck him as he tried to bike across a road, according to authorities.

The Plant City man was apparently improperly crossing the southbound lane of N Park Road around 11:15 a.m. when he was hit by a 2011 Chevrolet Silverado driven by a 67-year-old Lakeland man, according to Plant City police.

The bicyclist died at the scene. The driver of the pickup truck was not harmed.

Police confirmed that no charges would be filed against the driver.

Bicycle riding has become increasing popular over the years, both for transportation and recreation. Due to the fact that biking is much more common nowadays, the number of collisions between cars and bikes has also increased. Unfortunately, anytime there is an accident between a bike and a car, it is often the biker that suffers severe injuries or possibly death. For this reason alone, it is extremely important for all bike riders to follow the traffic laws and always be on the lookout for possible hazards, including inattentive drivers or other obstacles in the roadway. However, even the most vigilant biker is still at risk on the roads of Tampa because drivers do not always pay attention to people on bicycles.

Bicyclists must follow the same rules of the road as automobile drivers. Bikers are required to ride in the same direction as traffic and stay off of the sidewalk. However, it is not uncommon to see cyclists riding against traffic or on a sidewalk. Cyclists must stop at all traffic signs and signals and observe traffic laws. Additionally, bicyclists must display lights and reflectors while riding at night. When bikers fail to follow the rules of the road, tragic accidents can occur.

August 12, 2013

Tampa Bay Auto Accident Lawyer :: Street Car Race Leads to Crash with Police Cruiser on Courtney Campbell Causeway

by Whittel & Melton, LLC

A street race across the Courtney Campbell Causeway resulted in a smashup with a Tampa police cruiser late Sunday night, ultimately closing the westbound side of the bridge until the early hours of the morning.

According to reports, a black two-door car was travelling west across the Causeway at a high rate of speed just before midnight. As the car rode over the westbound hump, the driver, a 34-year-old man, lost control of the vehicle and struck a guardrail. The car’s front end then slammed into the left rear side of the police cruiser.

Police said the man refused medical care. He was later arrested on charges of unlawful racing on a highway and reckless driving. As of Monday morning he remained in the Hillsborough County Jail with bail set at $750.

An officer who was in the cruiser during the accident was taken to a local hospital as a precautionary measure.

The Causeway was reopened around 4:30 a.m.

Unlawful street racing on city streets and highways is a very dangerous activity that can lead to many accidents, injuries and even fatalities on the road. Innocent drivers, passengers and pedestrians are at a heightened risk of being harmed by individuals who participate in illegal racing. In fact, according to the National Highway Traffic Safety Administration, nearly 100 people die every year from street racing incidents in the United States and thousands more are injured.

Some of the many dangers of illegal street racing include:

• Property Damage
• High Speed Collisions
• Traumatic Brain Injury
• Paralysis
• Lacerations
• Disfigurement
• Neck and Back Injury
• Wrongful Death
When vehicles travel at high speeds, drivers have limited control of them, which is why it is extremely dangerous to other vehicles or pedestrians that may cross a fast moving car’s path. The racing driver is often not able to turn or avoid a collision should something get close to the racing location.

August 5, 2013

Manatee County Auto Accident Injury Lawyer :: 8-Year-Old Child Killed in Collision on State Road 70

by Whittel & Melton, LLC

An 8-year-old Bradenton girl was killed in a gruesome crash in Manatee County on Sunday.

Officials believe the crash occurred east of I-75 on State Road 70, just west of Curtis Road around 4 p.m.

According to the Florida Highway Patrol, a SUV lost control and drove over a median, striking another car head on.

The 8-year-old Bradenton girl was killed instantly in the accident. Four other adults were flown to Blake Medical Center in serious condition.

Five helicopters were needed to transport all injured parties to the hospital.

The road was temporarily shut down in both directions so rescuers could tend to the injured while aircraft landed and departed.

Troopers are still investigating the cause of the accident, but speed is believed to have been a factor.

Speed limits are enforced to keep traffic moving at a steady enough rate so that motorists and pedestrians alike can avoid any unnecessary dangers. However, when drivers violate these limits by speeding, this recklessness places everyone sharing the roadway at risk for danger. Sadly, when motorists make unsafe driving decisions, the result are often catastrophic. Should a collision occur, the negligent driver should be held responsible for any injuries and deaths their poor judgment caused.

Many people fail to realize just how hazardous speeding is. Driving faster than the law allows poses a risk to other drivers, passengers and pedestrians. Speeding creates reduced reaction times, which can lead to catastrophic car accidents that result in serious injuries or death.

July 29, 2013

Pinellas County Auto Accident Attorney :: Two Seriously Injured in Crash Caused by Wrong-Way Driver on I-275 in Pinellas County

by Whittel & Melton, LLC

A wrong-way driving accident seriously injured two people and closed the southbound lanes of the Howard Frankland Bridge earlier this month.

The crash happened just after 6 a.m. on July 14. According to the Florida Highway patrol, a 21-year-old Plant City woman entered I-275 driving a 2012 Scion north in the southbound inside lane just north of Fourth Street N.

A 29-year-old man from Morton, Ill. was driving south in the same lane in a 2013 Nissan.
Troopers reported that the man saw the woman’s car traveling towards him and steered his car to the right to try and avoid a collision. Despite his efforts, both cars still collided.

Both injured drivers were taken to Bayfront Medical Center.

Troopers have yet to figure out what caused the woman to enter the highway going the wrong way.

Both drivers were wearing a seatbelt. Charges are pending.

There are numerous types of car accidents, but some are more damaging than others. If you are involved in a wrong-way driving accident, your injuries could be far more severe than if you were involved in another type of auto accident. Seeking financial compensation for your injuries after a wrong-way driving collision can be tricky, even if evidence clearly points out who the at-fault driver is. You need the help of a Pinellas County Auto Accident Injury Lawyer at Whittel & Melton to make sure your rights are protected and that you recover full and fair compensation for your injuries.

Head-on collisions can be some of the most deadly collisions that occur on Tampa Bay roads. A head-on collision happens when two cars travelling in opposite directions crash into each other. Due to the fact that the vehicles are heading in opposite directions, usually at high speeds, the possibility for severe injuries and even death is very high. Most head-on car accidents completely destroy the vehicles involved and can deliver catastrophic injuries, such as traumatic brain injuries and spinal cord trauma, to the occupants of the cars.

July 8, 2013

Tampa Bay Motorcycle Accident Attorney :: St. Pete Man Seriously Injured in Motorcycle Crash

by Whittel & Melton, LLC

A 24-year-old St. Petersburg man was seriously injured Thursday after he lost control of a motorcycle he was driving on 36th Avenue North.

St. Petersburg police said the man was driving a 2003 Honda motorcycle in the 4700 block of 36th Avenue North early Thursday afternoon when he tried to slow down as he approached a bend in the road, but hit the ground and was ejected from the bike.
Officers claim the man was not wearing a helmet when he slid nearly 100 feet before coming to a halt.

He was transported to Bayfront Medical Center where as of Friday, he was in critical condition. No further updates regarding the man’s condition have been released.

In the unfortunate event that a crash occurs, motorcyclists not wearing helmets are actually three times more likely to suffer a traumatic brain injury than those protecting themselves with helmets, according to the National Highway Traffic Safety Administration. In fact, wearing a helmet while riding on a motorcycle reduces the likelihood of being killed in a crash by 37 percent. Further research conducted by the Insurance Institute for Highway Safety shows that helmet use can reduce the likelihood of a fatality in an accident by as much as 42 percent and lower the risk of suffering a serious head injury by 69 percent.

The state of Florida modified its universal helmet law in 2000, excusing riders over the age of 21 carrying at least $10,000 of medical insurance coverage from having to wear a helmet while riding. However, it is important to point out that in the year following the changes to Florida’s helmet law, the death rate among bikers climbed 25 percent.

July 1, 2013

Tampa Bay Auto Accident Attorney :: Road-Rage Confrontation Leads to Criminal Charges for Tampa Man

by Whittel & Melton, LLC

Road rage is a term that is commonly used to describe an aggressive or very angry driver. An excessively aggressive driver is much more likely to be involved in a car accident than a driver that remains calm and collected. Aggressive driving is considered negligent driving because drivers showing signs of road rage are not focusing on driving safely and place themselves and others around them at a serious risk. On Sunday afternoon, a Tampa man was slapped with criminal charges after he allegedly flashed a handgun during a road rage incident. According to Hillsborough County sheriff’s deputies, a woman honked her horn at the 34-year-old man which made him so angry he pulled out a black handgun and pointed it at the woman and another driver around 4:30 p.m. at Fletcher and Armenia avenues before driving off. The two drivers and another witness identified the man after seeing a lineup of driver’s license photos, according to authorities. The accused, a self-employed photographer, now faces two counts of aggravated assault with a deadly weapon. His bail was set at $4,000. The man has since been released from jail. Like most major cities, Tampa has jam-packed traffic during peak hours of the day. When traffic is overcrowded on highways and streets, this can lead to drivers becoming overly aggressive behind the wheel. Sitting in congested traffic can be quite frustrating, and when a driver’s patience wears off, they may exhibit signs of road rage. Signs of road rage can include: • Abrupt unsafe lane changes • Sudden braking or acceleration • Yelling at other drivers • Swearing and other signs of aggressive behavior • Following too closely • Swerving and cutting off other drivers Continue reading

June 17, 2013

Tampa Bay Swimming Pool Drowning Accident Lawyer :: Toddler Dies after Near-Drowning in Pinellas Park Pool

by Whittel & Melton, LLC

A two-year-old girl who managed to crawl through a doggie door and fall into a backyard swimming pool Friday night in Pinellas Park died on Sunday from near-drowning injuries.

The girl passed away around 8:30 a.m. on Sunday morning at All Children’s Hospital, according to Pinellas Park police.

A family member discovered the toddler floating in the pool around 4:20 p.m. Friday.

Police claim the child was not breathing. Emergency responders took the girl to St. Petersburg General Hospital where they were eventually able to resuscitate the child. However, she was still unconscious when she was later taken to All Children’s Hospital.

A new report recently released by the Consumer Product Safety Commission shows that children under the age of five years old account for more than 75 percent of all swimming pool and spa submersion fatalities in the United States. Government data also indicates that more than 78 percent of all pool and spa submersion injuries in the U.S. involve children younger than 15 years old. The CPSC Pool Safely Campaign also highlights that African-American and Hispanic children between the ages of 5 and 14 are at a higher risk of drowning.

June 3, 2013

St. Petersburg Premises Liability Lawyer :: Child and Two Adults Injured in Staircase Collapse

by Whittel & Melton, LLC

Three people were injured this weekend after a staircase on the side of a home collapsed while they were standing on it.

Two adults and a child were standing on the metal staircase that rose two stories on Saturday, when it collapsed after the legs supporting it gave out.

The three were transported to a local hospital. According to officials, no one suffered serious injuries.

The cause of the collapse is still under investigation at this time.

While most of us use stairs on a daily or regular basis, we rarely consider the dangers that staircases present. Most staircase injuries involve people slipping or tripping and falling on stairs, but there is also the risk of staircases collapsing. When a staircase collapses, it is usually the result of inadequate upkeep of the property on behalf of the property owner.

Property owners have a duty to inspect the stairs on their premises regularly and repair any damages or deterioration. When property owners do not live up to their responsibilities, staircases can collapse and cause serious injuries, such as broken bones, internal organ injuries, head and neck trauma, spinal cord damage and even wrongful death.

Stair collapses are very grave events that can deliver severe and permanent injuries to those involved. Sadly, these collapses are often completely preventable as many staircase collapses are caused by various factors that can be recognized and repaired through routine maintenance. Nonetheless, many property owners or building managers choose to neglect stairwells just to save a little bit of time and money.

May 30, 2013

Tampa Bay Motorcycle Accident Attorney :: Weaker Helmet Laws Blamed for Rise in Motorcycle Injuries

by Whittel & Melton, LLC

Over the past 15 years, motorcycle deaths have risen across the United States and seem to have reached an all-time high of more than 5,000, which some believe is a direct result of states weakened helmet law requirements.

According to a recent insurance industry study, the average medical claim from a motorcycle collision increased by more than one-fifth in Michigan last year after the state eliminated laws requiring motorcyclists to wear helmets. However, this is not just a problem in Michigan it is also a huge issue for Florida and every other state across the nation. Motorcyclists throughout the U.S. opposed to mandatory helmet laws have been fighting state helmet laws for years while the death toll for bikers continues to climb.

Michigan required all motorcycle riders to wear helmets for more than 40 years, but state legislators changed the law last year only requiring riders under the age of 21 to wear a helmet. In the two years before the law was changed, the average insurance payment on a motorcycle injury claim was $5,410. After the law was changed, the cost increased to $7,257, an increase of 34 percent, according to the study conducted by the Highway Loss Data Institute.

The study found that the actual increase was about 22 percent after adjusting for the age and type of motorcycle, rider age, gender, marital status, weather and other factors relative to a group of four comparative states, Illinois, Indiana, Ohio and Wisconsin.

While other studies have shown an increase in motorcycle deaths after states weakened mandatory helmet requirements or eliminated them all together, this industry is the first of its kind to look specifically at the effect of repealing helmet laws compared to the severity of injuries determined by medical insurance claims.

While some blame weak helmet laws on the increased number of biker injuries and fatalities, others are pointing the finger at something else entirely. The president of American Bikers Aimed Toward Education of Michigan, attributed the increase in the severity of injuries on motorcyclists who fail to take the required safety courses needed to obtain a special motorcycle license. He claims bikers without motorcycle licenses have accounted for a larger number of fatalities and injuries in recent years.

Although there is no way to determine how many of the Michigan claims involved motorcyclists not wearing helmets, a recent study by the University of Michigan’s Transportation Research Institute found a momentous increase in bikers involved in crashes who were not wearing helmets after the law changed. Results from the study show that from April 13, 2012, the first day after the change was implemented, through the end of the year, 74 percent of motorcyclists involved in crashes were wearing helmets. That number is down from 98 percent in the same period for the previous four years.

Currently, 19 states and the District of Columbia have laws requiring all motorcyclists to wear a helmet. Another 28 states require only some motorcyclists, usually younger bikers, to wear a helmet, and three states do not require any riders to wear helmets. Over the course of nearly two decades, states have been slowly repealing or weakening mandatory helmet laws.