Tampa Bay Wrongful Death Lawyer

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.

September 2, 2015

Stay Safe this Labor Day Weekend

by Whittel & Melton, LLC

For most, Labor Day weekend symbolizes the unofficial end of summer. As a three-day weekend, this gives many Americans the chance to celebrate with friends and family one more time before fall comes around and the weather gets cooler. Whether you plan on taking one last road trip for a weekend getaway or staying home and celebrating with family and friends, the Tampa Bay Injury Lawyers at Whittel & Melton want you and your loved ones to stay safe!

Labor Day Weekend has a high rate of preventable accidents, injuries, and deaths, both on the roadways and at homes across Tampa Bay and the rest of the country. To help you and your loved ones stay safe this holiday weekend, our Tampa Bay Injury Lawyers have compiled a few helpful safety tips:

Roadway Safety – AAA anticipates that nearly 35 million Americans will travel this Labor Day weekend. With this many people on the road, it is very important to remember roadway safety, obey traffic laws and to always stay alert and avoid distractions when behind the wheel.
Vehicle Safety – Along with obeying the rules of the road, it is equally important to make sure your vehicle is safe for travel. Check your vehicle’s fluids, brakes and lights before going on a trip. It is recommended to take your vehicle in for a quick inspection before you head out of town. If you have an older vehicle, you may want to consider renting a car with up-to-date safety features for your road trip.
Water & Pool Safety – Because Labor Day weekend is the unofficial end of summer, pool parties and water activities are common. Make sure that all children are always supervised around and in the water.
BBQ Safety Tips – Labor Day weekend and barbecues go hand in hand. If you are planning on an outdoor grilling party, make sure that your grille is properly cleaned to avoid grease fires. Also, make sure to grill in a safe area away from structures, furniture and other flammable hazards. Keep a fire extinguisher nearby and have a safety plan ready in place your barbecue goes awry.
Drink Responsibly – Holiday weekends, like Labor Day, see some of the highest rates of alcohol-related accidents and injuries than any other time of year, especially on roads and highways. If you plan on drinking, please do so responsibly and plan a safe ride home. Remember, police will be on high alert for motorists driving under the influence, so do not drink and drive.

August 20, 2015

Motorcyclist Killed in Brandon Collision

by Whittel & Melton, LLC

A 33-year-old Plant City motorcyclist was killed in a crash near Brandon early Tuesday.

The motorcyclist lost control of his Yamaha around 3:15 a.m. while making a right turn from E Adamo Drive onto northbound U.S. 301, according to the Florida Highway Patrol.

The motorcycle hit the raised center median, overturned and came to rest in the path of a northbound Toyota Camry.

July 23, 2015

Woman, Boy Drown in Separate Swimming Pool Accidents in Tampa Bay

by Whittel & Melton, LLC

A 49-year-old woman has drowned in a family swimming pool in Clearwater, according to authorities.

The woman’s mother found her floating in the backyard pool around 5:30 p.m. Monday, according to reports.

Police believe the mother unsuccessfully tried to pull her daughter from the pool. She called 911 and paramedics administered CPR upon their arrival. The woman was declared dead a short time later.

Also on Monday evening, police reported that a 7-year-old boy drowned in a backyard pool in nearby Pinellas Park. The child was taken to a hospital where he was declared dead.

No additional information on either case is available at this time.

According to the Centers for Disease Control and Prevention, ten people drown every day across the United States. Moreover, of the top causes of unintentional death in the country, drowning takes the number five spot. Children under the age of 14 are most likely to fall victim to drowning accidents. In fact, approximately one in five people who drown are children under the age of 14 and many more suffer serious, life-altering injuries after being submerged.

Most children who die from drowning accidents were killed in a residential swimming pool. Those that survive near-drowning accidents are often left to face brain injuries, learning disabilities and memory problems, just to name a few. An important fact to note is that when a residential swimming pool has a fence surrounding it, the chance of a drowning decreases by 90 percent.

July 10, 2015

Two Pedestrians Injured in Clearwater Crash

by Whittel & Melton, LLC

Two pedestrians were injured in Clearwater Thursday morning after they were struck by a vehicle.

According to Clearwater police, a man and woman were struck by a Mitsubishi Outlander SUV while walking on Gulf to Bay Boulevard and Meadow Lark Lane just after 5:30 a.m.

Officers said the pair was trying to cross Gulf to Bay when they were hit by the car. According to officials, the man was trying to get the woman out of the way when they were hit.

The woman was taken to St. Joseph’s Hospital in Tampa. The man was taken to Bayfront Health St. Petersburg.

The driver of the SUV, a 67-year-old Clearwater man, was not injured.

The crash is still currently under investigation.

Drivers must exercise reasonable care when behind the wheel of a vehicle. Failure to do so is considered negligence. The most common factors contributing to driver negligence include:

Distracted Driving
Speeding
Failing to Yield the Right of Way to Pedestrians at Crosswalks
Disobeying Traffic Signs or Signals
Failing to Signal while Turning
Disregarding Weather or Traffic conditions
Driving Under the Influence of Drugs or Alcohol

Just like drivers, a pedestrian must also exercise reasonable care for his or her own safety. Contributory negligence can be a factor in accidents if it can be found that a pedestrian failed to exercise such care and contributed to the cause of their own injuries.

The most common factors contributing to pedestrian negligence are:

Ignoring the “Walk” Signal at an Intersection
Disrupting the Flow of Traffic
Failing to Use Marked Crosswalks
Darting in Front of a Vehicle

July 2, 2015

Fourth of July Safety Tips

by Whittel & Melton, LLC

The Tampa Bay Injury Lawyers at Whittel & Melton would like to wish everyone throughout Tampa and the state of Florida a very happy Fourth of July! During this summer holiday period, many of us celebrate the time with friends and family. As with many other holidays, risks of accidents and injuries can increase during the Fourth of July weekend.

To help you keep yourself and your loved ones safe this weekend, we have compiled some helpful safety tips:

Drunk Driving

Drunk driving accidents, injuries and deaths always peak during Fourth of July weekend. If you plan on celebrating Independence Day with a few drinks, make sure to drink responsibly and plan for a ride. Make arrangements with friends or family, or call a cab or transportation service like Uber or Lyft. Remember, law enforcement officers will be out in full force this weekend looking to catch intoxicated motorists.

Fireworks Safety

If you plan to light off a few Sparklers or fireworks yourself, please remember these important tips:

Always follow instructions and supervise children. Never provide fireworks to small children.
Use fireworks in a safe area where they cannot harm others or damage property. This may be a given, but never throw or point fireworks toward people, vehicles, structures, or flammable materials.
Do not light multiple fireworks at once and never attempt to relight a “dud” firework that failed to go off the first time.

Water Safety

Many Tampa Bay residents celebrate the Fourth at the beach, lake or by enjoying the water at backyard pool parties. When having fun near the water, make sure that safety is a top priority. Supervise children, use safety vests when on the water, drink responsibly and have a safety procedure set in place in the event of an emergency.

Grilling Safety

Use caution when barbecuing! Many people suffer injuries when cooking on charcoal and gas grills. Never grill indoors, supervise the grill when it is on, follow all instructions and never add lighter fluid when charcoal has already been ignited.

July 1, 2015

Pinellas County Deputy Injured in Weather-Related Crash on I-275

by Whittel & Melton, LLC

A Pinellas County Sheriff’s deputy was involved in a weather-related collision on Sunday morning, according to reports.

The single-vehicle crash occurred on Interstate-275 just before the exit to 38th Avenue North at around 10 a.m. on Sunday.

According to the sheriff’s office, the deputy was traveling southbound on Interstate 275 in heavy rain.

Reports indicate that due to the inclement weather, the deputy’s cruiser may have hydroplaned causing the vehicle to fishtail and strike the median guardrail barrier.

After hitting the median barrier the vehicle spun around before coming to a final rest on the guardrail.

The deputy was transported by ambulance to Bayfront Medical Center for non-life threatening injuries.

Every year in the United States, weather is found to be a factor in more than 1,300,000 accidents. According to the U.S Department of Transportation, 23 percent of all accidents each year are weather-related. The following conditions contribute to weather-related accidents:

Wet Pavement – 17 percent of crashes, 16 percent of injuries, 13 percent of fatalities
Rain – 11 percent of crashes, 10 percent of injuries, 8 percent of fatalities
Snow & Sleet – 4 percent of crashes, 3 percent of injuries, 2 percent fatalities
Ice – 3 percent of crashes, 2 percent of injuries, 2 percent fatalities
Snow & Slush – 3 percent of crashes, 2 percent of injuries, 2 percent fatalities
Fog – 1 percent of crashes, 1 percent of injuries, 2 percent fatalities

June 25, 2015

Motorcyclist Killed in Tampa Crash

by Whittel & Melton, LLC

A motorcyclist was killed in the early morning hours on Thursday in a traffic crash in Tampa.

The 38-year-old man was riding his motorcycle near N. Nebraska and E. Louisiana aves. when he was involved in a crash with another vehicle, according to police.

The man was taken to a nearby hospital, where he was pronounced dead.

According to officials, the driver of the other vehicle remained at the scene and was cooperative with police.

Officials have not yet said whether charges will be filed.

The investigation is ongoing.

About 75 percent of motorcycle accidents involve a crash with another motor vehicle, usually passenger cars. According to the National Transportation Safety Board, within the past decade, more than 70,000 people have suffered from serious injuries and more than 3,000 more have died from motorcycle accidents. In the vast majority of these cases, the biker is not the one found to be at fault for the accident.

A motorcycle accident can result in a range of injuries, from minor cuts and abrasions to serious head and brain injuries and even death. Some of the most common motorcycle accident injuries occur to the head and neck and can leave the victim paralyzed or in a permanent vegetative state. Due to these serious injuries and possible wrongful deaths, victims and their families may face extensive medical bills, loss of wages and emotional distress. A motorcycle accident victim, as well as surviving family members, may be entitled to the following types of compensation:

Compensation for Medical Care
Funeral or Burial Costs
Motorcycle Repair or Replacement
Lost Wages
Recovery for Mental Anguish and Pain and Suffering