Tampa Bay Wrongful Death Lawyer

June 30, 2014

Tampa Bay Injury Lawyer :: Fourth of July Fireworks Safety Tips

by Whittel & Melton, LLC

According to the United States Consumer Product Safety Commission, 11,400 fireworks injuries were treated in hospital emergency rooms during the month surrounding July 4th last year. A good amount of these injuries were reportedly from people misusing fireworks. The most common injuries happened from lighting fireworks too close to someone, lighting fireworks incorrectly and playing with lit or used fireworks.

Fireworks normally undergo arduous testing before they are sold to the American public, according to the National Council on Fireworks Safety. However, this does not mean that fireworks cannot be defective. Most fireworks-related injuries are not from defective products, though. Rather, most of these accidents are entirely preventable, and occur due to misusing these explosive devices.

Fireworks can be fun, but it is also very important to use them safely. Follow these guidelines to decrease your chance of experiencing a fireworks-related accident:

Adhere to all fireworks laws in your area and avoid behaving recklessly. In Florida, consumer fireworks are illegal. Nonetheless, state lawmakers passed an exception to this rule allowing fireworks to be purchased by farms and fish hatcheries. In order for vendors to sell fireworks to the general public, all they have to do is have buyers sign forms saying they are actually purchasing under an agricultural exemption.
Follow all instructions on the label and do not try and alter the firework in any way.
If children are going to be around, always have adult supervision and never allow a small child to handle fireworks.
Have a source of water handy in case something goes wrong.
Alcohol and fireworks should not be combined. If you are going to be drinking, leave the fireworks displays to the professionals.
Ignite fireworks in a clear outdoor space. Check and make sure the area is not conducive to fires.
Soak all used fireworks with water before throwing them away.

June 23, 2014

Polk County Pedestrian Injury Lawyer :: Auburndale Man Hit, Killed by Polk Sheriff’s Patrol Car

by Whittel & Melton, LLC

A 56-year-old man was killed early Friday morning in Auburndale after he was struck by a Polk County Sheriff’s patrol car, deputies said.

The crash occurred at 6 a.m. at the intersection of 42nd Street and Havendale Boulevard.

According to investigators, a 21-year-old deputy had just completed his shift and was driving home in the eastbound lanes of Havendale Boulevard in his patrol car. As he approached the intersection of 42nd Street, the 56-year-old man apparently stepped into the path of his patrol car.

The man died at the scene from his injuries.

Investigators claim that the preliminary information shows that the traffic light was green and that the deputy had the right of way.

Officials believe the deceased had a history of routinely wandering into parking lots and onto Havendale Boulevard to ask drivers for money. Earlier this month, deputies said they received two separate reports of the man walking into traffic at Havendale and 42nd Street, once at 11 a.m. and another at 5 p.m.

The Polk County Sheriff’s Office Traffic Homicide Unit will conduct the initial investigation into the crash. Following this, their findings will be reviewed by the PCSO Administrative Investigation’s Section. The State Attorney’s Office will also review any reports.

The deputy has been placed on paid administrative leave pending the outcome of the investigation.

The intersection was closed briefly while deputies investigated the scene. The intersection reopened just after 11 a.m.

No additional details have been released.

Government officials, just like all other people, are very capable of making mistakes. With that said, the law does in fact recognize that government officials can sometimes be liable for accidents, and allows the accident victim to recover just the same as if the accident involved a private citizen. For this case, the fact that the driver was a police officer should not decrease the accident victim family’s chances of obtaining a full recovery for the death of their loved one should the accident have been caused by the officer’s negligence or carelessness.

When an accident is caused by a government employee, the accident victim or the accident victim’s family may be able to hold the city, state, or local government office responsible for their injuries or loss. For the most part, government officials have immunity from personal injury or wrongful death suits. But, if it is found that the official acted negligently or recklessly and harmed another human being, that immunity is waived.

June 5, 2014

Sarasota County Injury Lawyer :: Dancer with the Sarasota Ballet Killed in Bicycling Accident

by Whittel & Melton, LLC

A 20-year-old dancer with the Sarasota Ballet died in a bicycling accident on Wednesday after he collided with a delivery truck, according to reports.

The dancer, from Brazil, was transported to Blake Medical Center in Bradenton where he died from his injuries Wednesday evening.

The accident occurred in the 5400 block of North Tamiami Trail in Sarasota around 2 p.m.

According to Sarasota Police, the delivery truck, driven by a 58-year-old Tampa man, was making a right turn onto a service entrance road leading into the Ringling Museum.

Police believe the delivery truck pulled in front of the dancer as he was approaching the road. Reports indicate that the driver may have failed to see the man or the bicycle.

The man’s bicycle hit the side of the delivery truck, causing significant injuries.

The driver of the delivery truck has been charged with violation of right-of-way to a bicyclist.

The accident is currently still under investigation.

Bicycle riders suffer an astounding number of serious injuries and fatalities every year in accidents involving motor vehicles. Many of these accidents are the fault of the motor vehicle drivers. In 2012 alone, the National Highway Traffic Safety Administration noted that 49,000 bicyclists were injured in traffic accidents in the United States and another 726 were killed.

As many bicyclists are aware, drivers of cars, trucks and SUVs can easily fail to notice cyclists, and many choose to ignore their rights. When motorists do not pay attention to their surroundings, they can make moves that threaten the lives of bicycle riders and others sharing the roadways. Bike riders can suffer severe injuries or even death when motorists fail to check their blind spot before changing lanes, execute right turns directly in front of bikers, sideswipe cyclists travelling on the shoulder, drive under the influence of alcohol or drugs, open car doors in front of them, fail to stop at stop signs or even back out from driveways without looking. Even worse, many motor vehicle drivers do not respect the fact that Florida laws protect bicyclists and award them the same rights to use the streets as motorists.

May 29, 2014

Tampa Bay Auto Accident Attorney :: Tampa Bay Area Ranks Second in New Study On America’s Deadliest Cities for Pedestrians

by Whittel & Melton, LLC

A recent study shows that the Tampa Bay area, including St. Petersburg and Clearwater, is one of the most dangerous cities for pedestrians. In fact, Tampa took second place in the top 10 deadliest metro areas for walkers.

The new report from the National Complete Streets Coalition, Dangerous By Design 2014, used a Pedestrian Danger Index to rank the deadliest places to walk in America. Florida is home to the top four cities.

Top 10 Deadliest Cities for Pedestrians:

Orlando-Kissimmee, Florida
Tampa-St. Petersburg-Clearwater, Florida
Jacksonville, Florida
Miami-Fort Lauderdale-Pompano Beach, Florida
Memphis, Tennessee-Arkansas-Mississippi
Birmingham-Hoover, Alabama
Houston-Sugar Land-Baytown, Texas
Atlanta-Sandy Springs-Marietta, Georgia
Phoenix-Mesa-Scottsdale, Arizona
Charlotte-Gastonia-Concord, North Carolina-South Carolina

And here are the 10 safest metros for pedestrians:

Boston-Cambridge-Quincy, Massachussetts-New Hampshire
Pittsburgh, Pennsylvania
Seattle-Tacoma-Bellevue, Washington
New York-Northern New Jersey-Long Island, New York-New Jersey, Pennsylvania
San Francisco-Oakland-Fremont, California
Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin
Portland-Vancouver-Beaverton, Oregon-Washington
Chicago-Naperville-Joliet, Illinois-Indiana-Wisconsin
Rochester, New York
Cleveland-Elyria-Mentor, Ohio

You can view the full list here.

The study looked at people who walk to work as well as respective cities’ fatality numbers. Through this research it was found that 47,025 pedestrians died as a result of car crashes between 2003 and 2012. Another 676,000 were injured in pedestrian-related accidents.

Pedestrian accidents are most likely to occur in the following settings:

Urban Areas
Nighttime
Clear Weather
Non-intersections

If you are going to be travelling on foot in Tampa or anywhere else in Florida or across the U.S., please follow the below tips:

Always use crosswalks and sidewalks when they are available for use.
Watch out for things going on around you. Just because you are on a sidewalk does not mean you are in the clear. Pedestrians are often overlooked by passing cars, so keep your eyes open and stay alert.
Never assume that a driver can see you.
Do not walk near freeways, restricted-access highways or other dangerous roadways where signs indicate that pedestrians are prohibited.
Avoid distractions while you are walking, such as texting, playing video games, talking on the phone and other disruptions.
Do not walk near traffic while under the influence of alcohol or drugs.

May 19, 2014

Tampa Bay Motorcycle Accident Lawyer :: Motorcyclist Killed in Collision Saturday in Polk County

by Whittel & Melton, LLC

A 52-year-old woman was killed Saturday after she failed to maneuver a turn on the southbound off-ramp from U.S. Hwy 27 to U.S. Hwy 192 in Haines City on her motorcycle.

The woman tried to correct and was ejected from her motorcycle. The motorcycle landed on top of her.

According to reports, other motorcyclists were riding along with her and stopped to help. The woman was taken to Heart of Florida Hospital, where she later died.

Motorcycles can be an efficient mode of transportation as well as a relaxing hobby for many people throughout the Tampa Bay area. While there are many benefits to owning a motorcycle, these vehicles are inherently dangerous, placing riders at a greater risk of collisions and injuries. When it comes to miles traveled, it is estimated that motorcycle accidents are 35 times more likely to result in a fatality than a car accident.

Motorcycle riders are more likely to be involved in serious accidents resulting in catastrophic injuries and death because of the following factors:

Minimal Protection. Motorists travelling in cars and trucks have a great deal of protection if involved in a collision, as passengers are basically encased inside of metal boxes. Motorcycles do not offer very much protection as they lack safety features such as seatbelts and airbags and leave riders exposed to the elements. While riders can wear helmets and other protective gear help keep themselves safe, they are still quite vulnerable to serious harm when a collision occurs.

Visibility Issues. Motorcycles are often less visible to other motorists sharing the roadway as they are smaller and can be hidden by objects in the roadway making them more difficult to spot by other drivers, especially at intersections.

Less Stable than Cars. Motorcycles only have two wheels, making them less stable for riders when they have to brake suddenly or swerve. Because they are less stable than vehicles with four wheels, motorcyclists can be easily thrown from their bikes or wipe out.

Hazardous Road Conditions. While certain road conditions, like debris, small objects, uneven surfaces or wet pavement have little to no effect on passenger vehicles, they place motorcyclists at serious risk of becoming involved in a crash.

May 16, 2014

Tamp Bay Trucking Accident Attorney :: One Killed, One Injured in Dump Truck Collision in Plant City

by Whittel & Melton, LLC

One person was killed and another remains in critical condition following a serious collision in Hillsborough County Tuesday night.

According to the Hillsborough County Sheriff’s Office, a 53-year-old man was killed when his car struck a disabled dump truck along Bruton Road in Plant City.

Deputies believe the driver of the GMC dump truck was putting gasoline in the truck, which was broken down on the north side of Bruton Road facing west. The rear of the truck was still in the road when the deceased man’s 1996 Nissan collided with it at about 45 miles per hour.

According to authorities, the deceased man failed to see the edge of the truck and ran into it.

The man was pronounced dead at the scene. His passenger was transported to Tampa General Hospital via helicopter and remains in critical condition with severe trauma to the neck.

The dump truck driver was not harmed.

Charges are pending.

A fully loaded dump truck can be very heavy, weighing as much as 65,000 pounds. Unfortunately, an accident between a large truck and a passenger vehicle can result in serious injuries, ranging from broken bones and amputation to traumatic brain injuries, spinal cord trauma and even death.

Like all commercial vehicle operators, dump truck drivers are held to a higher standard than non-commercial drivers. If you or someone you love was involved in an accident with a dump truck or any other commercial vehicle, you need to discuss the facts of your case with an injury lawyer who has a firm understanding of state and federal laws. While every case is unique, there are many truck accident cases that involve drivers violating regulations or laws that you may not have been aware of.

May 12, 2014

Pinellas County Watercraft Accident Attorney :: Two Injured in Watercraft Accident Near Bunce’s Pass

by Whittel & Melton, LLC

Two people were injured recently after a personal watercraft collided with another watercraft near Bunce’s Pass near Fort De Soto Park in Pinellas County.

According to the Florida Fish and Wildlife Conservation Commission, a 47-year-old man and a 16-year-old boy, both of Kissimmee, were riding on the watercraft around 5:30 p.m. when the accident happened.

Both were taken to Bayfront Health St. Petersburg with non-life-threatening injuries.

The other watercraft involved in the collision was driven by a 44-year-old man.

Nor further information is available regarding the incident at this time. The accident is currently under investigation.

According to the United State Coast Guard, more than one million personal watercrafts are registered in the United States. While personal watercraft’s only account for around 8 percent of all watercrafts, they generate nearly 26 percent of all boating injuries. There were 779 personal watercraft accidents reported in 2012, including 58 fatalities. Moreover, the United States Coast Guard ranks personal watercrafts as the second most dangerous type of watercraft on the water, and classifies these vessels as the most dangerous when accounting for percentage of operator injuries.

Boating accidents are quite different than automobile crashes in that there is not usually an accident scene to investigate. These incidents rely heavily on witness testimony as well as physical evidence in and on the boat. Watercraft accidents can be complex, which is why it is necessary to have a maritime lawyer working in your corner in order to achieve successful results.

May 6, 2014

Tampa Bay Swimming Pool Accident Attorney :: Baby in Critical Condition after Near Drowning Incident in Brandon Pool

by Whittel & Melton, LLC

A baby remains in critical condition after a near drowning accident in Brandon on Saturday, according to Hillsborough County Fire Rescue.

Reports indicate that a 1-year-old baby was pulled from a backyard pool around 7:45 p.m. on Highview Circle, just north of Windhorst Road.

The infant was taken to Brandon Regional Hospital.

No further information is available regarding the baby’s condition or how the accident happened.

The Centers for Disease Control and Prevention conducted a study that determined for every child that drowns, another four require emergency medical care for injuries suffered in near-drowning accidents. Near-drowning accidents can vary in severity, depending on a number of factors including the length of time the child is submerged, the temperature of the water, the type of water, the amount of water aspirated and the child’s medical condition before the accident occurred. Nearly one third of survivors will withstand moderate to severe brain injuries involving memory problems, learning disabilities and permanent loss of basic functioning.

Our Tampa Bay Swimming Pool and Drowning Accident Lawyers know that drowning accidents usually happen very quickly, often without warning. After being under water for two minutes, most children tend to lose consciousness, and brain injury usually occurs after a child has been submerged between four and six minutes. Children that survive near-drowning incidents with no neurological damage are usually found within two minutes of being underwater. Most drowning fatalities happen after a child has been submerged for more than 10 minutes.

Depending upon how severe the injuries are from a near-drowning accident, your loved one may require around the clock medical care, physical therapy, cognitive therapy, occupational therapy and other medical attention. The monetary costs associated with this level of medical treatment can be overwhelming to a family that is dealing with the emotional trauma that comes along with a near-drowning accident.

April 21, 2014

Tampa Bay Pedestrian Accident Lawyer :: School Board Starts Shuttle for Students along Hillsborough Avenue to Minimize Pedestrian Accidents

by Whittel & Melton, LLC

A new shuttle service made its debut Monday to haul students to and from school near a busy stretch of Hillsborough Avenue that has had deadly pedestrian accidents.

The shuttle was started to protect students, and runs from the Meridian Pointe Apartments to nearby Middleton High School. Officials with the Hillsborough County School system believe the shuttle provides students with a great alternative from crossing the busy street mid-block.

There is a crossing several blocks away at 22nd Street.

On March 17, two sisters, 14 and 15, were hit while trying to cross east Hillsborough Avenue near 25th Street to get to school. The 15-year-old sister died from her injuries on March 22. The 14-year-old is recovering from a broken arm.

The 15-year-old girl was the second student killed in the location since 2011.

The Florida Department of Transportation has also been examining this busy stretch of the roadway. There are plans to add 125 new lights along Hillsborough Avenue between Nebraska Avenue and 50th Street.

Until this project is completed, the shuttle will continue to pick up students every morning starting at 6:45 a.m. for the rest of the school year.

While these new projects and services may work to minimize the number of accidents in the Tampa Bay area, there are many steps that both motorists and pedestrians can take to help improve safety. Drivers approaching intersections or crosswalks should always keep an eye out for pedestrians in the area. Motorists should always be aware of right-of-way rules and abide by them as well as use their turn signals properly. Pedestrians should be alert when in the roadways and only cross in designated areas. Most motorists are prepared to see pedestrians in these locations and can be prepared to stop. It can be a good idea for pedestrians to make eye contact with drivers so that they know the pedestrian is planning to cross the street.

Unfortunately, pedestrian accidents can result in serious injuries that take a long time to heal from, or worse, death. Victims who do recover from these accidents must often spend a significant amount of time receiving treatment for their injuries, and then must endure rehabilitation in order to resume their normal life. This can bring about costly medical bills both now and in the future.

April 14, 2014

Clearwater Drunk Driving Motorcycle Accident Lawyer :: Fatal Clearwater Motorcycle Crash Leads to DUI Manslaughter Charges

by Whittel & Melton, LLC

A Clearwater woman is facing DUI manslaughter charges following a crash that killed a motorcyclist Sunday night.

The 47-year-old woman was arrested after the accident, which occurred around 9:40 p.m. at Missouri Avenue and Belleair Road.

As of Monday morning, she was being held in the Pinellas County Jail without bail.

Clearwater police believe the woman was driving a 2001 Buick Century south on Missouri when she turned left at Belleair and crossed into the path of a 24-year-old motorcyclist traveling north on Missouri on a 2007 Kawasaki.

According to reports, the woman showed signs of impairment at the scene and admitted to consuming alcohol before the crash happened.

The intersection was shut down while traffic homicide teams investigated.

According to the National Highway Traffic Safety Administration, every two minutes across the United States, someone is injured in an alcohol-related traffic accident, and someone is killed every 45 minutes. In fact, more than 40 percent of all fatal traffic accidents involve drunk drivers. Even more shocking is the reality that drunk motorists, on average, drive intoxicated 87 times before they are stopped by police and arrested.

If someone you care for has been killed in a motorcycle accident caused by a drunk driver, please know that you are well within your rights to seek damages against the at-fault driver. A Clearwater Drunk Driving Motorcycle Accident Attorney at Whittel & Melton understands that various challenges can present themselves to family members following a tragic accident and can provide you with the legal experience and resources needed so that any negligent parties can be held liable for their recklessness.

Pursuing a wrongful death claim from an intoxicated motorist is not always just about getting even. Rather, it is about taking care of you and your family’s future, personal well-being and quality of life. Obtaining financial compensation for any medical bills, pain and suffering, lost wages and other accident-related damages is a way to overcome any long-lasting financial hardships that usually accompany a serious accident. Pursuing legal action can help you achieve a sense of justice as well as make sure you and those close to you are taken care of both now and in the future.