Tampa Bay Wrongful Death Lawyer

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.
“©1976. 2014 SANRIO CO., LTD” is etched in both the whistles, just above Hello Kitty’s face.
“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.

October 30, 2014

Deadly Bicycle Accidents on The Rise: What You Need to Know

by Whittel & Melton, LLC

The number of fatal bicycle accidents involving motor vehicles is on the rise, and the state of Florida is just second behind California with the highest number of deaths.

According to a report by the Governor’s Highway Safety Association, the number of U.S. bicyclists killed in accidents involving motor vehicles rose by 16 percent between 2010 and 2012.

During that same period, California had 338 cyclists killed in collisions with motor vehicles, and Florida had 329.

Florida and California also had the largest increases in annual cyclist traffic fatalities from 2010 to 2012. Florida’s deaths rose by 37 to 120 in 2012 and California’s cyclist deaths rose by 23 to 123. California had the most bicyclists killed of any state in 2012.

The GHSA report also found the following:

722 bicyclists were killed in motor vehicle crashes in 2012 across the nation. This number is up 6 percent from 680 fatalities the previous year. That number is also a 16 percent jump from the 621 bicyclists killed in 2010.
More than two-thirds of bikers killed were not wearing helmets. Despite the fact that many states have laws requiring minors to wear helmets while riding bikes, wearing a helmet is generally not a state or federal requirement for adults.
More than one-fourth of bicyclists killed in accidents were impaired. According to the report, 28 percent of bicyclists killed in motor vehicle accidents had blood alcohol concentrations over the legal limit of .08.
Findings show that nearly 9 in 10 bicycle fatality victims are adult males. In 2012, men made up 88 percent of those killed in bicycle traffic collisions.
Bike accidents are increasing in urban areas. According to the report, 69 percent percent of fatal bike accidents happened in urban areas in 2012, compared to only 50 percent in 1975.

If injured, it is important for Tampa Bay area cyclists to understand their legal rights and seek medical attention immediately. Fortunately for injured bicyclists, the city of Tampa and the surrounding areas, as well the state of Florida, have passed favorable laws that hold negligent, careless and reckless drivers accountable for bicycle accidents.

October 22, 2014

Reduce Deaths and Increase Awareness: National Teen Driver Safety Week Awareness

by Whittel & Melton, LLC

This week is National Teen Driver Safety Week, so this is a time to bring up the real dangers teens face when behind the wheel of a motor vehicle. According to the Centers for Disease Control and Prevention, auto accidents are the leading cause of death for teens. Moreover, the National Highway Transportation Safety Administration reported that almost half of teen drivers involved in a collision are killed.

While the above statistics present a real problem in regards to teen drivers, a recent survey found that only 25 percent of parents have had a discussion with their teens stressing the importance of driving safely.

The NHTSA discusses the following rules for teens in its “5 To Drive” campaign:

No cell phones while driving
No extra passengers
No speeding
No alcohol
No driving or riding in a car without a seatbelt

The “5 to Drive” campaign was launched during Teen Driver Safety Week last year, and it addresses the five most dangerous and deadly behaviors for teen drivers. The thought behind this initiative is to help parents address these five key issues when talking with their teens about driving.

The statistics regarding teenage driver collisions are sobering. Approximately 60 percent of the teens that died in crashes in 2012 were not wearing a seatbelt and 48 percent of those killed were speeding. Teens are involved in crashes where speeding is an issue at a rate of 60 percent higher than that of adults.

As parents, it is our responsibility to set a good example for our children by always wearing our seat belts and stressing the importance of why we wear them. Seatbelts save lives. In addition, it is important to continue setting a good example by following all posted speed limits and other rules of the road.

Alcohol is another key issue in teen driver deaths. In 2012, NHTSA statistics showed that 28 percent of teen drivers between the ages of 15 and 20 who were killed in crashes had been drinking.

Another serious problem for teens is texting and driving. In 2012, a study found that cell phones distracted nearly 1 in 5 teens in distraction-related fatal crashes. Extra passengers in the vehicle also cause distraction for teens, and the risk for an accident only increases with each additional passenger. In fact, just one passenger raises a teen driver’s risk of a fatal crash by 44 percent.

October 17, 2014

Pregnant Woman Suffers Critical Injuries after Being Struck by Tow Truck in Downtown St. Pete

by Whittel & Melton, LLC

Police are further investigating an accident that critically injured a 7 and a half month pregnant woman in downtown St. Petersburg Wednesday afternoon.

The 36-year-old mom-to-be was struck by a tow truck near the intersection of 3rd Street North and 1st Avenue North around 2:30 p.m.

According to police, the woman was crossing 1st Avenue North just west of the crosswalk when the truck attempted to turn left onto 1st Avenue North.

The woman was halfway across the center lane when she was hit and knocked down, striking her head on the pavement, according to police.

The light for the truck driver was yellow at the time, according to reports.

The woman was taken to Bayfront Hospital with critical injuries.

No further information regarding the woman’s injuries or the crash is available at this time.

Car crashes, no matter how minor, can present a number of unique risks to pregnant women. The most serious types of after-effects can include preterm labor, miscarriage, internal bleeding, hemorrhaging, birth defects, and the possibility of a high-risk pregnancy that did not exist before the collision. A high risk pregnancy can create a number of complications to both the mother and unborn child before, during and after the birth.

The less serious risks for a pregnant woman can include stress and emotional duress. Mental anguish can often result from the trauma of a car accident, child birth complications, or, in some cases, the loss of the child.

Studies have shown that an expectant mother’s immediate actions following an auto accident are crucial to ensure the best possible treatment and overall outcome for the mother and child.

September 23, 2014

Tampa Teacher Arrested for Driving the Wrong Way Near Interstate 75

by Whittel & Melton, LLC

A Tampa high school teacher was arrested on Sunday for driving the wrong way near I-75, according to troopers.

Reports indicate that the Florida Highway Patrol received a call around 3:50 a.m. regarding a wrong-way driver on State Road 618 near 22nd Street.

Troopers were told a gold 2001 Saturn was traveling eastbound in the westbound lanes and would eventually turn southbound in the northbound lanes of I-75. A trooper arrested the 24-year-old teacher as he exited at the northbound Gibsonton Drive entrance ramp.

The social studies teacher was charged with driving under the influence and driving the wrong way on a limited access roadway.

The man allegedly refused to provide a breath test, but the trooper claims he had bloodshot eyes and smelled of alcohol.

This year alone has shown an outbreak of wrong-way driving on the interstates in the Tampa Bay area. Fortunately, some of these wrong-way drivers have been stopped by local police before a tragic collision occurred, as this case shows, limiting the effects of wrong-way drivers. However, unfortunately, there have been five serious wrong-way crashes on the interstates in the Tampa Bay area this year, resulting in 11 deaths and numerous injuries.

Many drivers are the victims of wrong-way accidents in the Tampa Bay area every year. Those injured or those who have had loved ones taken from them may be left with the financial burden of medical expenses and lost wages to handle on top of the pain and suffering they must go through while working towards recovery. These victims are not without relief, though, as the laws in Florida give accident victims and immediate family members the right to bring a personal injury or wrongful death claim for their damages against negligent motorists who caused a car accident.

September 10, 2014

AGAIN?? Three Killed in Wrong-Way Crash on I-275 in Tampa

by Whittel & Melton, LLC

A wrong-way driver and her two passengers were killed in a head-on collision with a gasoline tanker truck on Interstate 275 just south of Bearss Avenue early Sunday.

This is the fourth fatal wrong-way crash on I-275 in Tampa this year that has happened just before sunrise.

The Florida Highway Patrol believes a 2013 Honda sedan was traveling south in the inside lane of northbound I-275 when it crashed into a Gemini Motor Transport tanker that was headed north. Both vehicles came to a halt in the northbound lanes.

The car’s driver, along with another woman in the front passenger seat and a man sitting in the back, all died at the scene.

There is no information regarding when, where or why the women entered the interstate heading in the wrong direction at this time.

The driver of the tanker, a 50-year-old Lakeland man, was not injured. No fuel was spilled, however the crash created a lot of debris.

This is not the first wrong-way collision on I-275 in Tampa in the last seven months.

On Feb. 9, a 28-year-old man driving south in the northbound lanes of I-275 collided near Busch Boulevard with a 2010 Hyundai carrying four University of South Florida fraternity brothers. All five men were killed.

Less than two weeks later, a 25-year-old drove a Honda Civic north on the southbound side of I-275 and smashed into a rental truck near Bearss Avenue. The man was killed and the two men in the truck suffered personal injuries.

Last month, a 23-year-old man was killed after he crashed into an ambulance after entering I-275 from I-4 going north in the southbound span.

According to the FHP, most of these wrong-way accidents involved drivers making U-turns on the highway. Impairment was at least suspected in the previous wrong-way crashes. Troopers said it is too early to tell whether it was a factor in this crash.

In an effort to combat this serious problem, officials with the Florida Department of are taking steps to better protect motorists against wrong-way drivers. Message boards warn motorists once a 911 call has been made. The agency is also testing interstate sensors that would automatically notify the FDOT of a wrong-way driver even before that first 911 call.

Wrong way collisions are usually very serious due to the fact that two vehicles traveling at moderate to high speeds generally do not have enough time to break or take any other evasive action to avoid a head-on collision. A crash of this magnitude creates significant impact forces into the occupant compartments of both vehicles. Sadly, catastrophic injuries and death are quite often the result of wrong way accidents.

One of the most common causes of wrong way collisions is drivers operating their vehicles under the influence of either drugs or alcohol. While this is certainly not the only reason these accidents occur, it is usually a factor.

August 26, 2014

Tips for Cruising Safely: Be Aware of Cruise Ship Crime

by Whittel & Melton, LLC

Any time a dangerous situation erupts or a catastrophe occurs onboard a cruise ship it makes headline news. However, when a crime happens aboard a cruise line, we do not always hear about it despite the fact that cruise lines are obligated to report all allegations of serious crimes to the FBI.

Major cruise lines even post criminal data online for the general public to view. There are some limitations, though. Cruise lines are only required to report theft of items totaling more than $10,000, and assault causing serious bodily injury.

While more than 22 million people travel via cruise ship every year, crime figures are actually quite low. Trips aboard cruise ships are not inherently dangerous.

Due to the fact that these ships sail internationally, the laws can be somewhat cloudy. Criminal investigations are usually handled by the FBI, but this also depends on where the ship is located at the time as well as where it is registered.

The main thing to be concerned with is how crimes are reported, investigated and tracked.

Should you find yourself the victim of a crime, make sure to report it right away to onboard security and demand that the crime scene be secured until law enforcement can gain access to the ship.

The other thing you want to make sure to do is write down the names of everyone involved in the incident – this includes witnesses. If a criminal act occurs while you are at a foreign port, contact the closest embassy or consulate.

Keep your eyes and ears open when taking a cruise. Trust your gut – if something appears odd or suspicious to you, it probably is. Should something appear out of the norm to you, take a trip to the Purser’s Office and let the staff know. They will appreciate the heads up, and you might just keep a criminal act from occurring.

Taking a cruise is a fabulous experience, so don’t think they are all bad. As long as you are prepared and watch out for your own safety, it will be smooth sailing all the way.

August 19, 2014

Motorcyclist Suffers Life-Threatening Injuries in St. Pete Crash

by Whittel & Melton, LLC

A 54-year-old motorcyclist was seriously injured on Sunday evening after an intersection collision on St. Pete Beach.

According to reports, a 54-year-old motorcyclist from Kenneth City was driving a 2008 Harley Davidson motorcycle west on 75th Avenue approaching Blind Pass Road. At the exact same time, a woman driving a 2014 Chevy Cruz was stopped in the left turn lane of east 75th Avenue, partially in the intersection waiting for traffic to clear to turn on Blind Pass Road.

As the motorcyclist entered the intersection, the woman made a left turn as the traffic light was turning yellow.

The biker was transported to Bayfront Medical Center with life-threatening injuries.

Both the driver and the passenger in the Chevy were not harmed.

The accident is still under investigation, but alcohol and drug impairment are not factors in the crash, according to reports.

Motorcyclists are far too often hit by other vehicles as they pass through intersections. Intersections are usually prime locations for collisions because motorists may speed through them or fail to yield as they rush to where they are going. Intersection accidents are estimated to account for half of all traffic-related injuries, according to the Federal Highway Administration. Sadly, intersection accidents can be especially dangerous to motorcyclists and leave them with devastating injuries.

Intersection collisions can result in catastrophic injuries, including death in some cases. For injury victims, if you can establish the other driver’s liability, you may recover financial damages for your suffering if you file your claim within a specific time frame. In the state of Florida, there is a four-year statute of limitations on personal injury claims and a two-year time constraint for wrongful death suits, which can be filed on behalf of a relative or spouse who died in an accident. In order to establish legal liability and recover financial compensation, it is absolutely vital to file a claim in a timely fashion.

August 11, 2014

Man Struck by Truck and Killed in Tampa Intersection

by Whittel & Melton, LLC

A man was killed early Monday after he walked into the path of an oncoming pickup truck in Tampa, according to the Florida Highway Patrol.

The man was struck along 50th Street just north of Palm River Road at 4:27 a.m.

Troopers believe a 54-year-old Ruskin man was driving his Ford F-150 pickup northbound on 50th Street when the man attempted to cross the street.

The man died at the scene. The driver of the F-150 was not harmed.

Parts of Palm River Road and 50th Street were closed Monday morning while authorities investigated the crash site.

Intersections can create dangerous conditions for pedestrians, bicyclists and other motorists. Even though there are guidelines that detail how to proceed at intersections as well as who has the right of way, it is common for these rules to be ignored. In many cases, negligent driving practices such as speeding, drunk driving or distracted driving create life-threatening situations when cars and pedestrians enter an intersection at the same time.

The most common intersection accidents entail:

– Running a stop sign or a red light

– Making a right or left turn without checking to make sure the intersection is clear of other vehicles or pedestrians

– Failing to adhere to stop signs or traffic lights

When pedestrians are involved in intersection collisions, the potential for serious injury is increased due to the fact that they lack the protection that a vehicle provides for drivers and passengers. Unfortunately, many drivers do not always keep an eye out for pedestrians in the roadway that are entering an intersection with them, and they often fail to yield the right of way. Intersection car accident claims are usually highly complex. Insurance companies often use this to their advantage and will try and reduce your financial compensation.