Tampa Bay Wrongful Death Lawyer

December 30, 2014

Celebrate New Year’s Safely & Avoid Accidents

by Whittel & Melton, LLC

The start of 2015 is right around the corner, which means it is important to address that the New Year’s holiday is known for being one of the most dangerous times of the year, especially for accidents involving drunk drivers.

According to the National Safety Council, in 2014, the three-day period around New Year’s Day was the holiday period with the highest amount of drunk driving deaths. Partygoers who are out celebrating should factor safety precautions into their holiday planning to improve their chances of avoiding a holiday accident.

There are numerous dangers that drivers and passengers face when traveling on the roadways during the New Year’s holiday. Some of the most common holiday hazards include:

More Traffic: With gasoline prices low, more people have been travelling for the holidays. New Years Eve and New Years Day is no exception. With more vehicles on the roads, there is an increased risk for holiday travelers. Drivers can get easily frustrated or distracted when traffic is congested.
Bad Weather: Rain, hail, snow and ice only add to the hazards of New Year’s travel. Even the most skilled drivers are no match for poor road conditions caused by inclement weather.
Drunk Drivers: Holidays and alcohol go hand in hand. Many people use New Year’s celebrations as an excuse to get drunk. When drunk drivers choose to get behind the wheel, they pose a serious danger to themselves and others.

Whether you are hosting a New Year’s party or attending one yourself, remember that there are numerous things you can do to protect yourself from becoming a New Year’s statistic.

Know your limit when it comes to alcoholic beverages.
Designate a driver, take a cab, use Lyft or Uber, call AAA, use public transportation or ask a sober friend to come pick you up.
Report suspected drunk drivers.
If you are planning to attend a New Year’s party, arrange to stay at the party location, or stay at a hotel or motel that is within walking distance.
Celebrate the New Year without alcohol.

December 22, 2014

1 Killed, 1 Critically Injured in Wrong-Way Crash in Plant City

by Whittel & Melton, LLC

Wrong-way collisions have been highlighted in the news more than usual this year because of five crashes that claimed 11 lives on interstate highways in Hillsborough and Pasco counties.

While this most recent wrong-way crash did not happen on an expressway, a Brandon man was killed and a Lithia man was critically injured on State Road 60 in Plant City early Saturday.

The crash happened near Cable Road just before 5 a.m., leaving the eastbound lanes of S.R. 60 closed for several hours.

According to the Florida Highway Patrol, a 2014 Ford F-250 truck was traveling west in the eastbound lanes of S.R. 60 and crashed head-on with a 2005 F-250.

The wrong-way driver, a 52-year-old Brandon man, died at the scene. The second driver, a 28-year-old man of Lithia, was airlifted to Tampa General Hospital in critical condition. Authorities have confirmed that he is in stable condition.

Wrong-way accidents usually involve more than one other vehicle. Due to the fact that these accidents are high impact collisions, most wrong-way crashes result in serious injury and fatalities. Wrong-way accidents are usually head-on collisions. And while the wrong-way driver may immediately realize he or she is driving in the wrong direction, it is often too late to avoid oncoming vehicles who are not expecting or prepared for a wrong-way vehicle.

December 12, 2014

Wrong Way Driving Accidents Major Problem in Tampa Bay Area

by Whittel & Melton, LLC

The number of wrong way driving accidents has been on the rise in Tampa, and this alarming trend continued on Thursday when four instances of wrong-way drivers on Bay area roads were reported, including one that resulted in a fatal crash.

This recent activity comes despite law enforcement being extra vigilant when it comes to wrong-way drivers.

A Spring Hill man was killed on US 41 Thursday when the car he was a passenger in crashed head-on into another car near State Road 52. The 39-year-old man was killed and his 38-year-old wife suffered critical injuries. The driver of the other car, a 40-year-old Tampa man remains hospitalized in serious condition.

Troopers said alcohol was not a factor in that crash. This man’s death is the 12th this year due to a crash involving a driver going the wrong way on a Bay area roadway.

That fatal accident was the last of four incidents Thursday. Two of the other three did involve alcohol, according to authorities.

Hillsborough County Sheriff’s deputies stopped two wrong-way drivers in separate incidents earlier Thursday.

Deputies started getting telephone calls just before 2 a.m. about a wrong way driver in eastern Hillsborough County. Deputies said the woman was stopped driving the wrong way on Highway 60 East at Turkey Creek Road. She was arrested on DUI charges.

Just two hours later, another driver was stopped by deputies going north in the southbound lanes of the Veterans Expressway just south of Gunn Highway. Deputies believe the driver of the Toyota Corolla, a 34-year-old Tampa man, smelled of alcohol, had delayed reaction and watery and red bloodshot eyes. Deputies also allege his blood alcohol was measured at more than two times the legal limit.

And a few hours after that, the Florida Highway Patrol received multiple calls about a motorcycle going the wrong way on Interstate 275 near downtown Tampa.

Troopers responded and located the 25-year-old Tampa biker standing along the southbound inside shoulder next to the parked 2015 Harley Davidson motorcycle which was facing north.

The man told troopers he had entered the interstate at Busch Boulevard and was traveling southbound listening to music from his smart phone. According to reports, the man dropped his phone south of Dr. Martin Luther King Jr. Boulevard and decided to travel back along the inside shoulder to the area where he had dropped his phone to find it.

The man’s motorcycle was towed from the scene because troopers said he had a suspended driver license at the time of the incident. No charges were filed.

There were no crashes or injuries in the other three wrong way driving incidents.

Drivers that intentionally or unknowingly drive the wrong way on a street, highway or interstate pose an imminent threat to all other motorists and passenger sharing the roadway. Due to the fact that automobiles are heading directly toward one another at a high rate of speed, there is usually very little or no time at all for drivers to react to the situation and avoid the collision. Wrong-way crashes are almost always head-on collisions that result in serious injuries or even death, as Thursdays’ fatality shows.

December 8, 2014

Man Charged in DUI Crash that Killed Motorcyclist in Haines City

by Whittel & Melton, LLC

A 37-year-old Kissimmee man has been arrested for DUI manslaughter and vehicular homicide in an October collision that killed a motorcyclist in Haines City.

According to Polk County deputies, FDLE blood analysis showed that the man arrested had a blood alcohol content of .145 when he caused the fatal crash on October 12, 2014.

According to reports, the man was driving his 2000 silver Chrysler Concord westbound on Johnson Avenue in Haines City around 5:41 p.m. when he passed another vehicle travelling westbound in a no passing zone.

Deputies believe the man’s car entered the eastbound lane and into the path of a Harley motorcycle being driven by a 52-year-old Lakeland man. The two vehicles hit head-on. The biker was pronounced dead at the scene.

Following the crash, deputies sent a sample of the man’s blood to the state FDLE lab for analysis. Once the results were returned to the Polk County Sheriff’s Office, deputies obtained a warrant for the man’s arrest.

On November 27, the man was taken into custody and booked into the Polk County Jail. He was released on November 29 after posting bond.

Most accidents that result from a drunk driver will result in criminal charges being filed. Additionally, the victim of the accident may be able to file a civil claim for his or her injuries. In a case where there is a death, the family of the deceased may file a wrongful death claim.

Filing a claim will not fill the void that is left after losing a loved one, but it can provide some sense of closure. It may help to know that the at-fault party is being held accountable for their negligent actions. Filing a claim can also help to alleviate costs, such as medical bills or funeral arrangements that a family was not prepared to pay for.

December 1, 2014

Woman Dies in St. Petersburg Motorcycle Crash

by Whittel & Melton, LLC

A Palmetto woman who was involved in a motorcycle crash last weekend passed away from her injuries.

The 52-year-old woman was riding as a passenger on a motorcycle Saturday morning at 1:45 a.m. when the driver lost control and crashed on 54th Avenue N just east of 16th Street N.

St. Petersburg police believe the 52-year-old driver of the 2014 Harley-Davidson was traveling east in the curb lane when he failed to negotiate a slight bend in the roadway and struck the south curb.

He lost control of the motorcycle and it exited the roadway. The motorcycle then slid on its right side, hit a road sign and came to a stop at 54th and 15th Street N. Both the man and woman were ejected from the motorcycle. The man was treated for his injuries at the scene. The woman was taken to Bayfront Health St. Petersburg where she was pronounced dead at 2:34 p.m.

The investigation is still underway.

Unfortunately, motorcycle accidents happen all too frequently because drivers fail to notice motorcycles and do not take reasonable care for the safety of motorcyclists. According to a study by the National Highway and Traffic Safety Administration, motorcyclists are actually 37 times more likely to be fatally injured in a collision and 9 times more likely to be injured.

November 26, 2014

46.3 Million to Hit Roads Thanksgiving Weekend: Travel Smart, Stay Safe

by Whittel & Melton, LLC

Gas prices across the country are at an average of $2.85 a gallon, which is the lowest cost for the entire year and down 43 cents from this time last year. According to AAA, travelers should anticipate more traffic on the roads as the Thanksgiving holiday approaches.

AAA estimates that nearly 46.3 million people will travel a distance of at least 50 miles from home over the Thanksgiving weekend, Wednesday, Nov. 26 through Sunday, Nov. 30. This is a 4.2 percent increase from last year and the highest anticipated volume since 2007.

According to AAA, around 90 percent of those travelling for the Thanksgiving holiday will do so by automobile. In accordance with that, Thanksgiving air travel is also expected to be at the highest level since 2007, with 3.55 million people flying.

Those who are driving to get to their Thanksgiving destination should plan their time out properly. It is estimated that it will take at least 25 percent longer to get to your final stop. In fact, Wednesday pre-Thanksgiving rush hour is expected to begin about two hours earlier than on a typical Wednesday. The worst delays are expected to occur between 2 p.m. and 5 p.m.

The National Safety Council expects 418 people will be killed during the Thanksgiving holiday and another 44,700 seriously injured. The best thing that you can do to protect yourself and those you love is to buckle up.

The following safety tips can help make sure your Thanksgiving holiday is safe and sound:

Check to see that your vehicle is in proper working order.
Make sure you have a full tank of gas, check the tire air pressure and make sure the windshield fluid is full.
Always wear a seatbelt and follow the speed limit.
Stay well-rested so that you can be alert behind the wheel.
Exercise caution in construction areas and work zones.
Avoid distractions – do not text and drive, refrain from calling or receiving phone calls and always pay attention to the road.
Take a break. Long trips may require you to stop frequently or even switch drivers.
Keep an emergency preparedness kit inside the vehicle with useful items, such as water, snacks, a flashlight, first aid kit, extra cash and blankets.

November 20, 2014

National Driver Survey Intends to Make Safer Roads and Drivers

by Whittel & Melton, LLC

Researchers at the University of South Florida’s Center for Urban Transportation Research have been watching people drive as part of a national study on driver habits for the past few years.

The goal of the study was to gather data on how people drive and the way they drive.

In order to accomplish this goal, more than 3,000 people were studied nationwide, including more than 700 drivers in Tampa Bay. Their cars were equipped with front to back sensors and cameras to keep tabs on their every move, even down to the motion in a driver’s eyes, according to researchers.

Participant study time ranged from four months to two and a half years.

Many of the results came back as expected, such as those regarding distracted driving. The study found many drivers who took their eyes off the road for as long as 4.6 seconds.

Taking your eyes off the road for 4.6 seconds travelling at an average of 50 miles an hour is equivalent to driving the distance of an entire football field without looking, which seriously increases your chances of being involved in a crash.

The study also looked at “near crashes,” when a driver swerves to avoid hitting another car. This type of data has never been captured before. Researchers can now look at how we act and react to traffic.

The study also looked into approaches to pedestrian intersections. Researchers were able to watch drivers’ eyes, which can help them tell if existing signs are doing their job or if things need to be changed.

The goal of the study is to create safer roads, cars and drivers.

Distracted driving involves more than just cell phone use while driving. Driver distractions can be anything that take the driver’s attention off the main task at hand – driving. Distractions usually fall into three categories:

Visual: Distractions that take the driver’s eyes off the road, such as reading maps, GPS devices, reading billboards, looking at scenery or other driver’s.
Manual: Anything that cause a driver to take his or her hands off the steering wheel, such as answering a cell phone call, sending a text message, eating or personal grooming.
Cognitive: Things that take a driver’s thoughts away from driving, including talking to other passengers or having cell phone conversations.

November 14, 2014

Takata Airbag Recall Continues

by Whittel & Melton, LLC

Takata Corporation, the Japanese maker of air bags used by auto manufacturers, is accused of selling faulty airbags to at least 11 different automakers dating back as far as 2001. The problem with these airbags is that they can rupture and spray shards of metal at drivers and front-seat passengers. The first reported airbag shrapnel ejection occurred in 2004, however, Takata apparently tried to conceal the incident and did not issue a recall until 2008.

Further scrutiny by experts shows that in high-humidity environments, like the Tampa Bay area and the rest of Florida, moisture can seep inside the airbag inflator and destabilize the chemical explosive. This can lead to an airbag explosion even after a minor accident.

Numerous people have been injured, blinded or killed after these airbags sent metal and plastic shards flying through a vehicle. Just last month the government added 4.74 million U.S.-market vehicles sold by Toyota, Honda, Mazda, BMW, Nissan and General Motors to the recall list for housing faulty Takata airbags. This is a serious safety concern, which is why the owners of vehicles that contain Takata airbags are urged to have the vehicle repaired as soon as possible.

More than 14 million vehicles from 11 automakers have been recalled for the defect to date, with most of these recalls occurring in the last two years. Takata’s faulty airbags have been linked to at least four deaths and more than 100 injuries, dating back to 2004.

A full list of recalled vehicles can be found below:

BMW

2000 – 2005 3 Series Sedan

2000 – 2006 3 Series Coupe

2000 – 2005 3 Series Sports Wagon

2000 – 2006 3 Series Convertible

2001 – 2006 M3 Coupe

2001 – 2006 M3 Convertible

Ford

2004 – Ranger

2005 – 2006 GT

2005 – 2007 Mustang

Mitsubishi

2004 – 2005 Lancer

2006 – 2007 Raider

Nissan

2001 – 2003 Nissan Maxima

2001 – 2004 Nissan Pathfinder

2002 – 2004 Nissan Sentra

2001 – 2004 Infiniti I30/I35

2002 – 2003 Infiniti QX4

2003 – 2005 Infiniti FX35/FX45

Honda

2001 – 2007 Honda Accord)

2001 – 2002 Honda Accord

2001 – 2005 Honda Civic

2002 – 2006 Honda CR-V

2003 – 2011 Honda Element

2002 – 2004 Honda Odyssey

2003 – 2007 Honda Pilot

2006 – Honda Ridgeline

2003 – 2006 Acura MDX

2002 – 2003 Acura TL/CL

2005 – Acura RL

Mazda

2003 – 2007 Mazda 6

2006 – 2007 Mazdaspeed6

2004 – 2008 Mazda RX-8

2004 – 2005 MPV

2004 – B-Series Truck

Subaru

2003 – 2005 Baja

2003 – 2005 Legacy

2003 – 2005 Outback

2004 – 2005 Impreza

Toyota

2002 – 2005 Lexus SC

2002 – 2005 Toyota Corolla

2003 – 2005 Toyota Corolla Matrix

2002 – 2005 Toyota Sequoia

2003 – 2005 Toyota Tundra

November 11, 2014

McDonald’s Recalls Hello Kitty Toy in Happy Meals

by Whittel & Melton, LLC

McDonald’s has issued a voluntary recall for 2.5 million Hello Kitty lollipop whistles after determining the toys pose a choking hazard to small children.

According to reports, McDonald’s received two reports of children choking on pieces of the Hello Kitty Birthday Lollipop Whistles. One of the children did require hospitalization.

The recall confirms that parts inside of the whistle can come loose and be inhaled by small children.

In the United States, 2.3 million whistles were distributed, and 200,000 were distributed in Canada in October and November.

The toys were included in McDonald’s Happy Meals and Mighty Kids Mills.

The U.S. Consumer Product Safety Commission provided the following information on the toy:

The recalled whistles are red come in a plastic Hello Kitty figuring holding a pink heart-shaped lollipop. The figurine is about three inches tall.
The whistle measures approximately 1.75 inches in height, 1.75 inches in width, and .75 inches in depth. A picture of Hello Kitty is included on both sides of the whistle.
“Hello Kitty® Birthday Lollipop” is written on the bag the toy comes in and the number “6” is printed in the top right corner.

Choking and suffocation can cause severe brain damage and even death. The long-term medical care associated with a child who has suffered brain damage as a result of choking can financially ruin a family.

November 7, 2014

Survey: Despite Knowing the Risks, Motorists Still Driving Distracted

by Whittel & Melton, LLC

While numerous safety campaigns and drivers’ personal experiences have made motorists more aware of the dangers that distracted driving poses, a recent survey has found that many adults do not fully appreciate the fact that distracted driving can greatly increase the risk of automobile accidents. The survey concluded that many adults continue to use their cellphones while driving, even though they know the dangers of doing so.

The Harris Poll surveyed 2,045 adult drivers about their driving habits during May 2014. Of those adults surveyed, 94 percent said that sending texts while driving is either dangerous or very dangerous. Moreover, 91 percent of those surveyed said the same about reading text messages while driving. However, despite knowing the dangers of texting while driving, 45 percent of those surveyed said that they regularly read text messages while behind the wheel. Another 37 percent admitted to sending text messages.

The poll also found that 69 percent of those surveyed agreed that using a handheld cellphone while driving was dangerous, but 74 percent admitted to talking on the phone while driving and 21 percent confessed they did so frequently.

These results combined with the fact that the National Highway Traffic Safety Administration has found that driver distraction killed 3,328 people across the nation in 2012 are especially alarming. The NHTSA also estimates that distracted driving injured 421,000 Americans in 2012.

In order to combat the havoc that distracted driving unleashes on roadways, many states, including Florida, have instituted laws limiting cell phone use while driving. In October, 2013, Florida enacted a limited ban on text messaging while driving. Florida drivers cannot type, send or read messages when behind the wheel. However, Florida’s law is a secondary law, meaning that a law enforcement officer can only pull a driver over and issue a ticket if the officer witnessed some other violation, such as running a red light while texting. A police officer cannot stop a driver for simply texting while driving. Violation of this law is punished as a nonmoving violation, but if a crash occurs because of a moving violation and texting the driver will be penalized six points.