Tampa Bay Wrongful Death Lawyer

January 31, 2014

Bradenton Wrongful Death Attorney :: Manatee Day Care Facing Possible Shut Down after Infant’s Death

by Whittel & Melton, LLC

A Manatee County day care center may be forced to close its doors pending an ongoing investigation into a 4-month-old girl’s death.

The girl died at the Bradenton facility on Jan. 7 and state investigators claim there is video evidence a daycare worker did not follow proper policy when caring for the child.

A report by the Department of Children and Families reveals the baby was put on her stomach in a crib and not on her back. The facility director apparently told the Department of Children and Families the infant was fed and placed on her side in the crib as she slept.

Officials claim that a video shows the worker placing the baby in a swing and propping a bottle next to her using a blanket so she could feed herself. The video goes on to show that the baby was placed in the crib without being burped.

A 4-month-old girl was killed at a Bradenton day care facility on Jan. 7.

At 11 a.m. that morning, the child was found unresponsive by day care workers.

On the same day of the infant’s death, a teacher who initially cared for the baby tested positive for cocaine and marijuana and admitted to the recent use of marijuana, according to reports.

An emergency suspension order was issued last week by the Department of Children and Families making the day care facility’s license invalid for children 12 months or younger in the wake of its investigation.

The day care center has three other locations that will remain open as they are not a part of the ongoing investigation.

Every parent’s worst nightmare is getting a phone call saying their child has been harmed in their absence. Sadly, accidents at day care facilities can range in severity from minor injuries such as cuts and scrapes to more serious ones involving catastrophic injuries, or even worse, death. Sadly, in many cases day care negligence is to blame for these tragedies. When caregivers fail to act appropriately, you may be able to hold the negligent party accountable through a personal injury or wrongful death lawsuit.

Too many times day care negligence goes unnoticed until it is too late. When a day care facility fails to follow state and federal laws that set the standards for care, they can be held legally liable in the event of an accident.

January 23, 2014

Sarasota County Child Pedestrian Accident Attorney :: Sarasota Toddler Killed after Mom Backs Over Her

by Whittel & Melton, LLC

Unfortunately, children are not only at risk for suffering a severe injury or death when out in the roadway or travelling as a passenger in a car, truck, SUV or other vehicle. Every year, numerous children are involved in back-over accidents and are even run over at their own home. Sadly, this type of crash recently resulted in the death of a Sarasota toddler.

Last week, a Sarasota toddler was killed after officials say she was run over by a car driven by her mother in Nokomis.

Reports indicate that the 20-month-old girl was run over around 5 p.m. in the 1000 block of Tarpon Court.

Deputies claim the couple at the home had just finished repairing their Honda Passport SUV, when the mother got inside the vehicle and pulled it forward.

A Sarasota County Pedestrian Accident Lawyer at Whittel & Melton can help you through this difficult time.

The mother claims she had last seen her 20-month-old daughter playing with bubbles on the porch, but the child apparently toddled into the driveway and was run over by the vehicle.

Deputies arrived on scene with the North Port Fire Department and made an effort to resuscitate the child.

The Sarasota County Fire Department transported the toddler to Venice Regional Medical Center where she was pronounced dead.

Driveway back over accidents, while quite tragic, are especially common in toddlers and young children that are not easily spotted when close to the back of a vehicle. These types of accidents also regularly occur in suburban areas where kids are frequently found playing in the street, riding bikes and wandering in the driveways of neighboring homes. In fact, according to the Centers for Disease Control and Prevention, every week two children are killed by vehicles moving in reverse.
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December 23, 2013

St. Petersburg Injury Lawyer :: CPSC Reports ‘Tis the Season for Injuries

by Whittel & Melton, LLC

The Consumer Product Safety Commission is urging everyone to “Deck the Halls” safely this holiday season. An estimated 15,000 people will be injured this holiday season based on the number of people sent to emergency rooms across the nation last November and December. The worst of the injuries reported involved slip and falls from holiday decorating, stepping on ornaments, back injuries, ladder catastrophes and lacerations.

Hundreds of people fall off ladders every holiday season in their attempts to decorate. Ladders are supposed to be set up in a non-congested area with a 75 degree angle. Metal ladders should never be set up near electrical equipment. Sadly, ladder accidents often result in severe personal injuries or death. Last year, the CPSC reported that there were 20 injuries due to ladder accidents that resulted in a whopping $16 million in property damage.

Fires are another big problem during the holiday season. Fire departments across the country reported about 200 Christmas trees that were ignited from 2009 through 2011. These fires resulted in 70 deaths, 680 injuries and about $308 million in property damage, according to the CPSC. The number of fire-related incidents has been on the rise since 2009, resulting in about 12,000 more ER visits annually.

The CPSC urges everyone to follow these simple guidelines to prevent a holiday disaster this year:

• Discard any light sets with bare wires, broken sockets or that are damaged.

• Blow out candles when no one is in the room.

• Make sure your ladder is in good condition before using it.

• Keep your Christmas tree away from any heat sources.

• Watch out for children around the Christmas tree, as they could become injured from ornaments or sharp objects on or around the tree.

• Keep wrapping paper out of the fireplace as it can ignite suddenly and burn intensely.

Any problems with consumer products that lead to accidents or injuries should always be reported to saferproducts.gov. This is how the government tracks injuries from defective products so that recalls can be issued when enough injuries are reported.

December 17, 2013

Tampa Bay Motorcycle Accident Attorney :: Motorcycle Accident in Hillsborough County Ends in Fatality

by Whittel & Melton, LLC

A 40-year-old Kissimmee motorcyclist was killed Wednesday after a car that was turning in front of him struck him on Fletcher Avenue.

The biker was riding a 2000 Yamaha Road Star westbound around 7:30 p.m. on Fletcher Avenue when the driver of a 1998 Ford Taurus heading eastbound tried to execute a left turn onto 42nd Street and turned into the biker’s path causing the motorcycle to hit the passenger side of the car, according to the Hillsborough County Sheriff’s Office.

The Kissimmee motorcyclist was rushed to a nearby hospital where he was pronounced dead. According to police, the man was wearing a helmet.

The 27-year-old driver of the Taurus and his passenger were taken to a hospital with non-life threatening injuries, according to reports.

The investigation is ongoing. No charges have been filed at this point.

According to the National Highway Traffic Safety Administration, motorcyclists are 35 times more likely to experience a fatality when travelling on the roadway than those riding in passenger cars. Despite numerous efforts to raise awareness and safety for motorcyclists, the number of bikers killed in motor vehicle accidents increased by 2 percent from 2010 to 2011. With the number of motorcyclists on the roads steadily increasing, the sad truth is that the number of deadly accidents is also on the rise.

The majority of motorcycle accidents involve another vehicle, and most of the time it is the motorist and not the motorcyclist who is at fault. There are many things drivers can do to prevent collisions with bikers, including taking the time to check blind spots when turning or changing lanes and allowing for more space when following a biker. Moreover, drivers should limit the amount of distractions while behind the wheel, use proper traffic signals and always follow the general rules of the road.

November 12, 2013

St. Petersburg Auto Accident Lawyer :: Woman Killed in Broadside Collision in St. Petersburg

by Whittel & Melton, LLC

A 42-year-old St. Petersburg woman was killed Monday after the vehicle she was riding in was broadsided on Fourth Street N. in St. Petersburg.

According to police, the woman was a passenger in a 1992 Buick driven by her 53-year-old roommate. The crash occurred around 7 p.m.

Police claim the woman’s roommate was heading north on Fourth Street when he turned into the path of a 2003 Toyota at 54th Avenue N.

The driver of the Toyota, a 42-year-old St. Petersburg woman, struck the Buick between the wheels on the passenger side, critically injuring the woman. She was rescued from the vehicle and taken to Bayfront Medical Center, where she was pronounced dead just a short time later, according to police.

The woman’s roommate was taken to Bayfront with minor injuries. The driver of the
Toyota was treated for minor injuries at the scene of the collision.

Police are currently still investigating the accident.

Some of the most serious and deadly motor vehicle accidents in St. Petersburg and the surrounding area involve broadside crashes. A broadside car accident, also referred to as a side impact or T-bone crash, usually occurs at an intersection. These collisions can happen at a busy St. Pete intersection, in a residential neighborhood or on any of St. Petersburg’s heavily travelled roads.

Next to head-on collisions, broadside collisions are the second most deadly kind of auto accident. Broadside impacts usually lead to severe injuries to the drivers and passengers involved in a crash. Drivers and passengers often suffer from brain injuries, spinal fractures, broken bones and head and neck injuries. These accidents have a high percentage of injuries and fatalities due to the fact that the sides of most vehicles do not offer the same protection as the front and rear do, even though most newer cars are equipped with side impact airbags. T-bone collisions also typically occur at high speeds, usually when someone runs a stop light or a red light at an intersection.

November 11, 2013

Tampa Bay Wrongful Death Lawyer :: Clearwater Man Killed in Oldsmar Collision

by Whittel & Melton, LLC

A three-vehicle collision in Oldsmar Wednesday afternoon took the life of an 81-year-old man.

The accident occurred around 2:47 p.m. at the intersection of Tampa Road and St. Petersburg Drive.

According to Pinellas County sheriff’s deputies, the Clearwater man’s wife, 65, was driving a 2005 Cadillac DeVille west on Tampa Road and went to make a left turn onto St. Petersburg Drive when her car was struck on the passenger side by two vehicles — a Jeep Liberty driven by a 32-year-old woman and a Ford Fusion driven by a 31-year-old man.

The deceased was trapped in the debris for about a half-hour before firefighters from Oldsmar Fire Rescue extracted him from the wreckage, according to reports. He was flown by helicopter to St. Joseph’s Hospital, where he was pronounced dead at 4:17 p.m.

The man’s wife was taken to St. Joseph’s with injuries that were not considered life threatening.

The other drivers involved in the pileup were not harmed.

The crash remains under investigation.

Any type of motor vehicle accident can lead to serious injuries to all parties involved. However, when multiple vehicles are involved in a crash, injuries are often compounded. Multi-vehicle accidents can result in catastrophic injuries including head, brain, neck and spinal cord trauma. Sadly, these types of collisions often end in fatality.

September 30, 2013

St. Petersburg DUI Accident Attorney :: St. Pete Teen Charged with DWI Manslaughter in Double-Fatal Parrish Collision

by Whittel & Melton, LLC

A St. Petersburg teen was recently arrested on charges of DWI manslaughter in connection to a crash that killed a Winter Haven couple in Parrish last year.

The 18-year-old was arrested in early September after the State Attorney’s Office filed charges against her, according to the arrest report.

She has been charged with two counts of DWI manslaughter and two counts of DWI causing personal injury to passengers in her vehicle.

She was being held at the Manatee County jail with bail set at $16,000.

On Jan. 8, 2012 at 8:25 p.m. the then 17-year-old teen was driving her 2005 Toyota Prius westbound on State Road 62 when she reportedly ran off the road, over-corrected and re-entered the roadway, hitting a motorcycle carrying the Winter Haven couple.

The couple was ejected from the motorcycle onto the shoulder of the road.

The 61-year-old man and 55-year-old woman were pronounced dead at the scene.

The teen suffered serious injuries in the collision. When her Prius came to a stop, the car’s front end caught fire.

She was taken to Manatee Memorial Hospital following the crash. Her blood alcohol level was determined to be .146, according to police.

The Florida Highway Patrol performed a homicide traffic investigation and recommended charges to the State Attorney’s Office. Charges were filed against the teen on Aug. 21 and a warrant was issued for her arrest.

More than 43,000 people are killed annually in car accidents across the United States, according to the National Highway Traffic Safety Administration. Nearly 40 percent of these fatal crashes are alcohol-related. According to the Centers for Disease Control and Prevention, 32 people are killed every day in the U.S. in automobile accidents involving a drunk driver. This translates to one death every 45 minutes.

September 25, 2013

Tampa Bay Auto Accident Injury Lawyer :: Sarasota Bicyclist Killed in Bee Ridge Collision

by Whittel & Melton, LLC

A 44-year-old Sarasota bicyclist was killed Monday after he was struck by a vehicle on Bee Ridge, authorities said.

According to Florida Highway Patrol, the man was pronounced dead at the scene of the accident, which occurred near the intersection of Hidden Glen Drive east of Interstate 75.

Based on evidence picked up at the scene of the accident and witness statements, troopers have pieced together that the man was lying in the eastbound lane of Bee Ridge with his bicycle nearby when he was run over by the automobile around 9:30 p.m.

The driver of the vehicle that hit the man apparently told troopers he did not notice the man before the collision.

It is unknown at this time why the man was lying in the roadway.

Biking is a common mode of transportation in the Tampa Bay area, especially with Florida’s year-round warm temperatures. Bicyclists can be found on the roads commuting to and from work, exercising or just partaking in a fun recreational activity. Sadly, many bicyclists find themselves the victims of auto accidents on the busy streets of Tampa, Brandon, St. Petersburg, Clearwater, Bradenton and Sarasota.

Bike riders are particularly susceptible to severe injuries when involved in a collision with an automobile. Aside from a helmet, bicyclists lack further protection to withstand the impact of a motor vehicle. Even if a cyclist is wearing a helmet, this may not be able to protect a biker from suffering a serious injury or death.

September 9, 2013

Tampa Bay Wrongful Death Lawyer :: Two Young Girls Killed in Polk County Collision

by Whittel & Melton, LLC

Two 10-year-old girls were killed Sept. 1 in Auburndale after deputies believe a driver ran a red light and crashed into the car they were riding in.

The crash occurred around 6:30 p.m. on Havendale Boulevard at the intersection with New Jersey Road.

According to reports, a 2006 Dodge Ram pick-up truck was travelling westbound on Havendale Boulevard when it collided with a 2006 Volkswagen Beetle, driven by a 60-year-old woman, heading south on New Jersey Road.

A preliminary investigation indicates that the driver of the pick-up truck had a red light but proceeded through the intersection anyway.

The truck rolled over and landed on its right side. The driver was wearing his seatbelt at the time of the crash and suffered minor injuries. He was taken to Winter Haven Hospital.

The Beetle crossed three lanes of traffic and finally stopped on the south shoulder of Havendale Boulevard. The driver of the Beetle was wearing her seatbelt at the time and was taken to Lakeland Regional Medical Center with serious injuries that are not considered life-threatening.

A 14-year-old girl riding in the front seat was also wearing a seatbelt and did not suffer any significant injuries.

Sadly, two of the three passengers in the back seat, two 10-year-old girls, both died as a result of the collision. The third back seat passenger, an 8-year-old girl, was airlifted to Tampa General Hospital in critical condition.

According to deputies, none of the girls in the back seat were wearing seatbelts at the time of the accident.

Deputies are still investigating the crash. Charges against the driver are pending at this time.

When a child is injured or killed in an auto accident, parents and close family members are often left with many unanswered questions. A tragedy of this kind is often overwhelming, but it is important to understand that help from a Tampa Bay Wrongful Death Lawyer at Whittel & Melton can help you get through this difficult time. If the accident was caused by another driver’s negligence, family members of and injured child or the deceased may be able to file a personal injury or wrongful death lawsuit to recover just compensation.

August 5, 2013

Manatee County Auto Accident Injury Lawyer :: 8-Year-Old Child Killed in Collision on State Road 70

by Whittel & Melton, LLC

An 8-year-old Bradenton girl was killed in a gruesome crash in Manatee County on Sunday.

Officials believe the crash occurred east of I-75 on State Road 70, just west of Curtis Road around 4 p.m.

According to the Florida Highway Patrol, a SUV lost control and drove over a median, striking another car head on.

The 8-year-old Bradenton girl was killed instantly in the accident. Four other adults were flown to Blake Medical Center in serious condition.

Five helicopters were needed to transport all injured parties to the hospital.

The road was temporarily shut down in both directions so rescuers could tend to the injured while aircraft landed and departed.

Troopers are still investigating the cause of the accident, but speed is believed to have been a factor.

Speed limits are enforced to keep traffic moving at a steady enough rate so that motorists and pedestrians alike can avoid any unnecessary dangers. However, when drivers violate these limits by speeding, this recklessness places everyone sharing the roadway at risk for danger. Sadly, when motorists make unsafe driving decisions, the result are often catastrophic. Should a collision occur, the negligent driver should be held responsible for any injuries and deaths their poor judgment caused.

Many people fail to realize just how hazardous speeding is. Driving faster than the law allows poses a risk to other drivers, passengers and pedestrians. Speeding creates reduced reaction times, which can lead to catastrophic car accidents that result in serious injuries or death.