Tampa Bay Wrongful Death Lawyer

March 4, 2016

Pedestrian Cited in Fatal St. Pete Scooter Crash

by Whittel & Melton, LLC

Pinellas County sheriff’s investigators have cited a pedestrian for contributing to a crash that resulted in the death of a motor scooter operator in St. Pete Beach last month.

The crash occurred at the intersection of 70th Avenue and Gulf Boulevard in St. Pete Beach on Feb. 2.

According to investigators, the 18-year-old pedestrian was crossing Gulf Boulevard from east to west at the intersection of 70th Avenue, and was not utilizing a crosswalk when he walked into the path of a motor scooter that was being driven by a 72-year-old man.

The pedestrian collided with the man’s motor scooter causing the biker to lose control and fall to the ground.

The motorcyclist was transported to a local hospital where he was pronounced dead. The pedestrian sustained minor injuries as a result of the crash and refused medical attention.

The initial report indicated the man had suffered a heart attack following the crash. The Medical Examiner’s Office conducted their investigation and determined that the man’s death was caused by blunt trauma resulting from the crash. The manner in which he died was determined to be an accident.

The pedestrian received a Uniform Traffic Citation for failure to yield to the right of way for a vehicle.

Even though pedestrians do generally have the right-of-way, there are cases where they can be liable for a car accident. In a pedestrian vs. motor vehicle accident, the pedestrian can actually be to blame, either wholly or partially.

The following are the most common scenarios under which a pedestrian may be found at least partially at fault for an accident involving a scooter or other type of vehicle:

Jaywalking – crossing in the middle of the street, outside of a crosswalk
Crossing against the traffic signal – in the crosswalk but against a red “Do Not Walk” command
Entering a street or highway while intoxicated
Walking along highways, bridges, or causeways where pedestrian access is prohibited.

February 25, 2016

Hybrid Vehicles Pose Risk to Pedestrians

by Whittel & Melton, LLC

Congress passed the Pedestrian Safety Enhancement Act in 2010. The law noted that hybrid vehicles are very quiet, especially when driven below 18 miles per hour. Due to this, Congress required the National Highway Traffic Safety Administration to develop regulations for noise alerts on these silent hybrid vehicles by January 2014. This deadline was then extended to November 2015, and then to March 2016. Auto makers are expected to have 18 months to comply with the new mandates once they are issued.

Sadly, in the meantime, pedestrians remain at risk. Pedestrian accidents have actually increased since 2009, and the fact that people cannot hear hybrid and electric vehicles approaching the same way that they can hear traditional gas-powered vehicles places pedestrians at a greater risk of becoming involved in an accident.

Drivers should always keep a close watch out for all pedestrians, especially those who may be blind, distracted or need extra time crossing the street.

If you have suffered harm from a pedestrian accident in Tampa Bay, you may have the right to recover for your past, current, and future medical expenses, lost income, out-of-pocket expense related to the accident and pain and suffering.

February 15, 2016

Two Toddlers Nearly Drown In Clearwater Over Weekend

by Whittel & Melton, LLC

Officials said two toddlers nearly drowned in Clearwater over the weekend.

On Saturday, a 1-year-old boy was found face down in a 55-gallon drum of water, according to reports. The incident occurred sometime after 6 p.m. Saturday at a home located in the 2500 block of Highland Acres Drive.

According to investigators, the child was with his father in the backyard of the home. The boy wandered off while his father was working in the backyard and when the dad noticed the child was gone, he went to look for him.

The father found the baby face-down in the water, and he pulled his son from the water and performed CPR until paramedics arrived.

Dunedin Fire Rescue said the boy had a pulse and was breathing when they arrived. He was taken to Mease Countryside Hospital for life-threatening injuries.

Investigators believe the drum of water was partially buried in the ground and being used as a tilapia farm.

Second Toddler Found in Clearwater Pool

Police also reported that a 2-year-old boy was found in a backyard pool Sunday morning.

The incident happened at 10:30 a.m. at a house in the 2000 block of Buford Boulevard.

Police said that family members pulled the boy from the pool and administered CPR until Clearwater Fire & Rescue crews arrived. The firefighters were able to regain a heartbeat before taking him to Mease Countryside Hospital.

The toddler was later flown to Tampa General Hospital in critical condition.

Officials believe several people were at the house at the time of the incident. They think the child was in the pool for less than five minutes.

Private pools pose the greatest risks for drowning, especially for children that are too young to know how to swim. This is why it is critical for parents to accompany their kids when poolside or in the water at all times to prevent tragedies. At Whittel & Melton, our Tampa Bay Swimming Pool Accident Lawyers understand that no one can be completely vigilant 100 percent of the time. However, this is why restricting access to swimming pools as much as possible is essential. The Consumer Product Safety Commission recommends a four-foot-high fence with a locking gate that should run around the entire perimeter of any backyard pool, at minimum. Unfortunately, builders and homeowners often fail to include this safety feature because a fence would ruin the look of a deck, patio or yard.

February 8, 2016

Scooter Driver Hits Pedestrian in St. Pete Beach

by Whittel & Melton, LLC

A St. Pete Beach man crashed his motor scooter into a pedestrian Tuesday, according to deputies.

The crash happened at 3:02 p.m. at the intersection of 70th Avenue and Gulf Boulevard on St. Pete Beach.

The 72-year-old man was riding his 1985 Honda Elite motor scooter north on Gulf Boulevard when he hit an 18-year-old pedestrian, who was crossing at the intersection.

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 6, 2015

Motorcyclist Killed in Clearwater Collision

by Whittel & Melton, LLC

A motorcyclist was killed in a crash in Clearwater on Friday morning.

According to reports, a 22-year-old was driving a motorcycle eastbound on Belleair Road at a high rate of speed east of Belcher Road when he collided with a 2001 Buick Century, driven by 78-year-old man, who was pulling out of a driveway.

The biker was ejected from the motorcycle, and died at the scene.

According to statistics from the U.S. Department of Transportation, there are more than 200 people who are killed every year in the United States and another 17,000 injured in backover accidents. Backover accidents happen when a driver is backing up their vehicle and hits an object, pedestrian, bicyclist, motorcyclist, etc. that they did not see, usually because of a blind zone in the vehicle. SUVs and trucks are notorious for having blind spots, and their increasing popularity has only resulted in more reports of backover fatalities. Trucks and SUVs are responsible for a whopping 60 percent of backover tragedies.

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.