Tampa Bay

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 6, 2015

New Child Car Seat Law Goes Into Effect Thursday

by Whittel & Melton, LLC

As it is now, Florida is one of only two states in the nation that does not require car seats for children who have outgrown baby seats but are still too small for seat belts. But come Thursday, a new law will go into effect that will greatly improve Florida’s child safety seat laws.

The new law essentially mandates booster seats for children aged 3 to 6-years-old. The new law will require children to be in booster seats until their 6th birthday, however, experts say to keep kids in the booster seat until the seat belt fits properly.

According to law enforcement, children restrained the wrong way in vehicles is a daily problem. Not only is this a danger for children, but now it translates into a $60 ticket and three points on their driver’s licenses. According to experts, the best guideline for child car seats is to go by your child’s height and weight. They need to be at least 4’9 and weigh between 80 to 100 pounds before they can use an adult seat belt. Experts say that when used properly, car seats elevate kids so the seat belt can secure them properly by going across the chest in the proper way.

There is one exception to this new law, children ages 4 or 5 may ride with just a seat belt if the driver is not a member of their immediate family and if they are being given a ride due to a medical emergency.

The following car seat guidelines are from the FLHSMV and should be used when driving with a child in your vehicle.

Birth – 1 year old and at least 20 lbs: Use a rear-facing child car seat in the back seat of the car.
1 year old and 20 lbs. – 4 years old and 40 lbs.: Use a rear-facing child car seat in the back seat until they outgrow the weight and height limit of the child car seat. Once a child is over 1 year old and weighs more than 20 pounds, you can switch to a forward-facing car seat in the back of the car.
4 years old and 40 lbs. – 8 years old or 4’9″ tall: Use a forward-facing child seat in the back seat until a child reaches the weight and height limits recommended by the manufacturer, then switch to a booster seat in the back of the car.
8 years old or 4’9″ tall –12 years old: Use a booster seat in the back seat until a child is big enough to use the car’s seat belt. Once a child turns 13, they can sit in the front seat of a car.

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

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 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 10, 2014

Two Separate Wrong-Way Drivers Arrested for DUI in Tampa

by Whittel & Melton, LLC

Two wrong-way drivers were arrested on Friday after officials said the drivers were operating their vehicles under the influence of alcohol.

According to reports, a 41-year-old Miramar man was driving a 2005 Acura traveling eastbound in the westbound lanes of S.R. 574 around 2:15 a.m.

Deputies said they stopped the vehicle and noticed that the man had glassy and bloodshot eyes, was unsteady on his feet, appeared very confused and had an odor of alcohol on his breath.

The man’s blood alcohol content was .196., according to deputies.

Nearly two and a half hours later, police arrested another wrong-way driver in Tampa.

Officials claim the man was operating a 1998 Honda around 4:45 a.m. traveling eastbound in the westbound lanes of Adamo Drive when deputies pulled him over.

Reports show that the man smelled of alcohol and had slurred speech and watery eyes.

Both of the men were charged with driving under the influence.

Drunk driving is a very serious offense that can result in jail time for the offender. Victims of drunk driving accidents deserve to be compensated for their pain and suffering, medical costs and other losses that resulted from the accident. Most people recognize that they can sue a drunk driver for their injuries, but what most people fail to realize is that the pub, bar, restaurant or even the party host that served alcoholic drinks to the driver could also be held liable for damages under Florida’s dram shop laws.

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.