Tampa Bay Wrongful Death Lawyer

March 3, 2015

Toddler Killed in Drunk Driving Crash

by Whittel & Melton, LLC

According to police, a 2-year-old boy was killed after a Winter Haven woman who was drunk crashed an SUV loaded with passengers.

The Florida Highway Patrol believes the 24-year-old woman drove her vehicle onto a shoulder in Manatee County on Saturday afternoon. The vehicle went airborne, overturned several times and crashed into several trees.

The accident killed the 2-year-old Winter Haven boy, who police said was not wearing a seatbelt or child restraint. The driver, two adult passengers and a 6-month-old boy were seriously injured. Seven other children suffered minor injuries.

The female driver was charged with DUI manslaughter and other counts.

An estimated one-third of all traffic fatalities involve drivers whose abilities have been significantly diminished by drinking alcohol. In fact, it is estimated that two in every ten Americans will be involved in an alcohol-related crash at some point in their lives.

The sad truth is that drunk drivers choose to be irresponsible and negligent. Every single time a drunk driver chooses to get behind the wheel, he or she puts everyone else on the road at risk of serious injury or death. A Tampa Bay Auto Accident Attorney at Whittel & Melton knows how dangerous these reckless drivers are and will fight to get maximum compensation for injury victims who have suffered harm because of the selfish acts of drunk drivers.

February 26, 2015

What You Need to Know About the Takata Air Bag Recall

by Whittel & Melton, LLC

According to the National Highway Safety Administration, Japanese auto parts maker Takata Corp. refuses to cooperate with the government’s investigation of its air bags.

The NHTSA announced on Friday that it will impose fines of $14,000 a day that will continue until key safety information is provided.

Here are the key points you need to know regarding the Takata airbag recall:

What The Problem Is. The inflators propelled by ammonium nitrate can explode with too much force, which can result in shrapnel ejecting onto drivers and passengers. At least six people have been killed and 64 injured worldwide due to the problem. Since 2008, 17 million vehicles have been recalled in the U.S. by 10 different automakers. Currently, only 2 million, or around 12 percent, have been fixed because of a lack of parts.

Recall Areas. Government investigators believe that too much exposure to moisture in the air can cause the inflator to build up excess pressure, which can shatter metal canisters meant to contain the explosion that inflates the bags. Driver’s side air bags have been recalled nationwide, however recalls of passenger side air bags have been limited to Florida, Puerto Rico, areas near the Gulf of Mexico including Texas, Alabama, Mississippi, Georgia, and Louisiana, as well as Guam, Saipan, American Samoa, U.S. Virgin Islands and Hawaii.

Takata’s Stance. Takata has challenged the National Highway Traffic Safety Administration’s demand for a national recall of driver’s airbags. Despite that, automakers did it on their own. Takata claims that tests of 10,000 inflators does not show any reason for the recalls to be expanded.

What is Currently Being Done by the Government. The government has three different groups testing the air bags: Takata, an independent contractor hired by the company and a group of 10 automakers. In order to force Takata into a national recall, the government must be able to explain what is going wrong with the airbags and why.

What You Can Do to Make Sure Your Air Bags Are Safe. While the air bags are still being tested, you can always check to see if your car has been recalled and get the repairs done as soon as possible. To check, go to https://vinrcl.safercar.gov/vin/ and type in your 17-digit vehicle identification number, which is located on your dashboard near the driver’s side windshield. The site will tell you if there’s a recall, and if your car is affected, you should call your dealer right away.

February 9, 2015

St. Pete Toddler Struck and Killed by Car While Playing in Yard

by Whittel & Melton, LLC

A toddler was hit by an SUV and killed while playing in a yard in St. Petersburg on Thursday evening.

According to reports, a 27-year-old man was exiting the yard when he failed to see the 2-year-old playing near his 1998 Ford SUV.

As the man backed out of the yard his vehicle collided the toddler, troopers said.

The child suffered serious injuries and was taken to Bayfront Hospital where she later died from her injuries.

The child’s father was in the front yard at the time of the incident. The driver of the SUV is a family friend.

Charges are pending.

Back over accidents happen when a car reverses and hits someone behind the vehicle. Sometimes these accidents take place when the victim is in the yard, walking through the driveway or even riding a bicycle. These accidents can occur in parking lots, streets, driveways and anywhere else a vehicle can back out of a parking space or move the vehicle in reverse.

Sadly, children are most vulnerable to these accidents, however anyone can be a victim of a back over accident. According to KidsAndCars.org, an estimated two children are fatally injured in backover accidents every week and another 50 are injured.

February 6, 2015

Tampa Man Dies in Scooter Crash

by Whittel & Melton, LLC

A Tampa man was killed Saturday night after he lost control of his scooter on Hillsborough Avenue and crashed into a power pole, authorities said.

The Florida Highway Patrol believes the 27-year-old was riding a Honda PCX150 west on Hillsborough east of Harney Road around 8 p.m. when he veered right and crossed two lanes of westbound traffic.

The scooter exited the roadway, turned into its side and struck a power pole and then a sign post. It came to rest at the entrance to Jasmine Plaza, 7031 Hillsborough Ave., according to troopers.

The man was taken to St. Joseph’s Hospital, where he was later pronounced dead.

A person operating a scooter or a pedestrian struck by a scooter may sustain a wide range of injuries after becoming involved in an accident. Even minor injuries can have a serious impact on your life or the life of a loved one. Scooter accidents can result in various injuries, including:

Traumatic Brain Injury
Spinal Cord Injury
Contusions
Lacerations and Road Rash
Disfigurement
Broken Bones and Fractures

February 2, 2015

St. Pete Boy Killed in Skateboarding Accident

by Whittel & Melton, LLC

Two teenagers skateboarding fun turned tragic Sunday when one of them was killed.

According to police, one of the 15-year-old boys got into his mother’s 2003 Mercedes sedan and drove it down Atwood Avenue N while his other 15-year-old friend held onto the right rear corner and sped along on his skateboard.

This type of skateboarding trick is called “skitching.”

Police believe the teen driving accelerated with the other boy holding on to the rear. The pair traveled only a short distance before the boy let go of the car, became unstable and fell to the ground, striking his head.

Bystanders performed CPR, and emergency medical personnel arrived at the scene. The teen was taken to Bayfront Health St. Petersburg, where he was pronounced dead at 8:37 p.m., about 2 1/2 hours after the accident happened.

The risk of injury associated with skateboarding tricks like skitching far out-weigh the thrill than can be achieved. Skitching presents a high risk of serious injury and even death to those that partake in this activity. There are numerous things that can go wrong from these types of accidents, such as being pulled under the vehicle, being hit by another car on the road or as this case shows, even just losing control and hitting pavement.

Traumatic Brain Injury
Spinal Cord Trauma
Broken Bones and Fractures
Nerve Damage
Facial Disfigurement
Death

When a child is injured due to his own negligence, there is usually no recourse or available compensation for injuries suffered. The Tampa Bay Injury Lawyers at Whittel & Melton know how devastating serious injuries to children, or worse death, can be on families and parents.

January 29, 2015

Avoid a Watercraft Boating Accident this Gasparilla Weekend

by Whittel & Melton, LLC

This Saturday, Tampa Bay-area residents and visitors join in an unusual celebration called Gasparilla, one that marks the beginning of a new year and serves as a reminder of ancient times. The Gasparilla Pirate Festival was named in honor of the pirate Jose “Gasparilla” Gaspar, who is famed for terrorizing Florida’s west coast during the late 18th century and early 19th century. On Saturday, the city of Tampa will be “invaded” by Gasparilla and his men when their 165-foot pirate ship arrives in downtown Tampa, known as the Jose Gasparilla. The mayor of Tampa gives the key to the city to the pirate captain and a victory parade begins throughout the city’s streets.

While this event is a lot of fun, it can also be very dangerous if proper steps are not taken to ensure the safety of yourself and others while on a boat. The following safety tips could be of use to you this weekend:

Make sure that you have a designated driver. In the state of Florida, it is illegal to operate any vessel on Florida waters while under the influence of drugs, alcohol or any mixture of intoxicating substances.
Keep a close watch out for other boaters and watch your speed!
It is important to make sure that you have enough personal flotation devices for everyone on board before you head out on the water.
Make sure you have all necessary safety equipment on board and in working order.
Create a float plan with friends or family and have a working VHF radio on board.
Talk with all of your passengers before you head out about what to do in case of an emergency. That way you all have a game plan should your adventure go awry.

This weekend you will see many law enforcement vessels on the waterways, including boats from the Coast Guard, Tampa Police Department, Florida Fish and Wildlife Conservation Commission and the Hillsborough County and Pinellas County sheriff’s offices.

January 20, 2015

7-Year-Old Seriously Injured in Tampa Crash

by Whittel & Melton, LLC

A 7-year-old boy suffered serious injuries after being struck by a minivan on Saturday night, according to Tampa police.

Witnesses told police they saw the boy run across Main Street around 5 p.m. with several other children. The boy was crossing the street when a gray 2015 Dodge Journey Minivan traveling west passed the intersection of N. Rome Ave and hit him.

The driver of the minivan, a 28-year-old man, apparently stopped and attempted to give the boy CPR.

Tampa police have not released any additional information regarding what led up to the crash or the boy’s injuries.

The boy was taken to St. Joseph’s Hospital.

Police did say there are no signs of impairment due to drugs or alcohol of the driver and speed is not a factor in this crash.

The crash remains under investigation at this time.

Most young children do not fully understand the dangers associated with street crossings. Children tend to travel in groups or pairs and may become distracted while talking with friends or chasing others into the street, and they often do not realize they are in the way of oncoming traffic.

According to the U.S. Centers for Disease Control and Prevention, around one-fifth of traffic fatalities among children ages five to nine years old are pedestrian traffic accidents. Children who are hit by an automobile and survive could potentially suffer very serious injuries, including brain damage, internal injuries, broken bones, disfigurement and loss of motor skills. It is quite rare for children hit by cars to walk away unscathed.

January 16, 2015

Gibsonton Man Dies in Pedestrian Accident

by Whittel & Melton, LLC

A 38-year-old Gibsonton man was killed Wednesday evening while walking along the northbound shoulder of U.S. Highway 41.

According to the Florida Highway Patrol, the man was struck by a vehicle at 6:18 p.m.

Troopers believe the man was not using an available sidewalk when he was hit by a Ford Focus driven by a woman who claims she did not see the victim.

The man was taken to Tampa General Hospital, where he later died from his injuries. The woman was not injured.

As of now, no charges have been filed.

If an innocent person is killed because of somebody else’s negligent, careless or deliberate actions, it is only fair to hold that party responsible for the victim’s death. While every case has a unique set of facts, if negligence is found to be a factor in the collision, then the family of a pedestrian accident victim may be justified in filing a wrongful death claim against the at-fault driver who caused the fatality.

It is important to note that anytime a person travels on foot near a roadway, they are assuming some amount of risk by doing so. There are several thousand pedestrians who are killed in motor vehicle collisions every year in this country, and even more are injured in pedestrian accidents each year.

One of the most common causes of tragic pedestrian accidents is distracted driving. Motorists can become distracted when behind the wheel in numerous ways, including talking on cell phones, texting, eating food and even applying makeup. The simple act of changing stations on a car radio can be enough to distract a driver to the point where they fail to take notice of a serious traffic situation directly in front of them.

January 12, 2015

Another Driver Arrested for Driving the Wrong Way on Selmon Expressway

by Whittel & Melton, LLC

Authorities nabbed yet another wrong-way driver on Sunday on a Tampa Bay area roadway.

Around 2 a.m., a 24-year-old Bradenton man drove around a road block put in place on the eastbound Lee Roy Selmon Expressway for a crash investigation, according to the Florida Highway Patrol.

Troopers claim the man then turned his 1999 Saturn sedan around before reaching the crash and traveled west in the eastbound lanes.

A trooper helping with the traffic investigation pulled the man and arrested him for driving under the influence. The FHP said he refused to provide a breath sample.

Wrong-way traffic accidents claimed 16 lives on Tampa Bay area roads in 2014. Many of these crashes occurred on divided highways. A handful of wrong-way drivers have been stopped before they could cause an accident.

Just last week the Hillsborough County Sheriff’s Office stopped a woman travelling the wrong way on the Veterans Expressway. It was found that she was confused, but not under the influence of alcohol.

According to the Florida Integrated Report Exchange Program, a total of 223,110 traffic accidents were reported in Florida this year. Of those, 98,817 accidents have resulted in 147,285 people being injured and 1,611 deaths. In 2014, the record month of accidents was March, with 30,183 crashes reported. Moreover, the Florida Department of Highway Safety and Motor Vehicles reported in their “Traffic Crash Facts Annual Report 2012” that of the 281,340 accidents in Florida in 2012, a large amount were attributed to wrong-way drivers. A total of 363 accidents resulted in property damage due to vehicles being driven on the wrong side of the road or travelling the wrong way. Another 541 car accidents involved bodily injury, and 53 wrong-way collisions resulted in death.

January 2, 2015

Man Killed in Palm Harbor Scooter Crash

by Whittel & Melton, LLC

A 26-year-old Palm Harbor man was killed Thursday in an early morning crash on his scooter near downtown Palm Harbor.

The man was heading south on Alt. U.S. 19 near New York Avenue when he lost control of the scooter and hit the outside curb at 2 a.m., according to the Florida Highway Patrol.

That impact of the collision caused the scooter to overturn and eject the rider, who was not wearing a helmet, onto the pavement.

The man was taken to Regional Medical Center Bayonet Point, where he later died from his injuries.

Due to the small size and lighter weight of scooters, collisions involving these vehicles usually result in catastrophic injuries for the drivers and any passengers. Although scooter drivers are responsible for wearing a helmet and practicing defensive driving skills, most accidents are caused by the following:

Motorist Error and Distracted Driving
Roadway Defects, such as potholes, cracks and other issues
Bad Weather and Poor Visibility or inclement weather conditions
Driver Impairment from operating a vehicle under the influence of alcohol or drugs