Wrongful Death

June 1, 2016

1 Motorcyclist Killed, 1 Injured in Crash With Van in Tampa Bay

by Whittel & Melton, LLC

One motorcyclist died and another was critically injured Saturday in an accident in Tampa involving both riders colliding with a van.

According to Florida Highway Patrol troopers, the accident happened just after 4 p.m. at North Florida Avenue and Palm Drive. Two bikers, one 19 and the other 20, were riding southbound on North Florida Avenue when a van driven by by a 69-year-old man pulled into the road from Palm Drive into the motorcycle’s path.

The man reportedly failed to see the bikers as he pulled into the roadway to make a left turn onto North Florida Avenue. The bikers were both traveling in the left lane at high rates of speed, and both struck the van, according to reports.

The 19-year-old suffered fatal injuries and died at the scene. The 20-year-old suffered serious injuries and was transported to St. Joseph’s Hospital. Both riders were wearing helmets at the time of the crash.

The driver of the van was transported to Florida Hospital Fletcher and treated for minor injuries.

Charges in the case are pending the results of the investigation.

If you were involved in a motorcycle accident with a passenger vehicle, you stand little chance of escaping the accident without any injuries. Bikers that are clipped by larger vehicles are much more susceptible to bodily injuries and even death due to their direct exposure to contact and lack of protection.

The most common injuries resulting from motorcycle accidents include:

Traumatic Brain Injuries
Broken Bones & Fractures
Road Rash
Catastrophic Spine & Neck Injuries
Wrongful Death

April 28, 2016

Passenger Dies After Car Flips On I-275 in Pinellas County

by Whittel & Melton, LLC

A Tampa man died Monday after he was involved in a single-vehicle crash on I-275 in Pinellas County.

The crash occurred at 4:43 p.m. on northbound I-275 at mile marker 26 in Pinellas County.

According to the Florida Highway Patrol, a 20-year-old Tampa woman was driving a 2003 Chevrolet Cavalier north on I-275. She was making several lane changes when she lost control and drove onto the grass median, which caused the Cavalier to overturn several times.

A 20-year-old male passenger was taken to Bayfront Health St. Petersburg, where he died later that day from his injuries.

The woman sustained minor injuries. She was ticketed for careless driving.

It is critical to pay attention to your driving habits and patterns as well as those of the motorists around you to make sure you do not behave carelessly behind the wheel. Driving carelessly can cause serious accidents and injury to you, passengers in your vehicle and others around you.

Some of the most common examples of careless driving are:

Texting & driving
Drifting between lanes
Assuming right-of-way
Not signalling when changing lanes or turning
Tailgating
Not stopping at intersections
Failure to stop for emergency vehicle
Improper lane change
Making an improper turn
Speeding

Defensive driving tactics are a vital part of being a cautious driver. In order to avoid driving carelessly, make sure to:

Signal before you turn
If changing lanes, signal then wait to make sure the other drivers see you before passing
Come to a complete stop at all stop signs
Do not let passengers take your attention off of the road
Keep your hands on the wheel and your eyes on the road
Follow the speed limit
Avoid using electronic devices or cell phones
Never tailgate – give the driver in front of you plenty of room

April 14, 2016

Motorcyclist Dies in Palmetto Crash

by Whittel & Melton, LLC

A 62-year-old man died Sunday when he crashed into a car on U.S. 301 in Palmetto.

Palmetto Police believe the motorcyclist struck the rear of a Hyundai sedan just west of Canal Road at 8:30 p.m. The man was not wearing a helmet and died from his injuries at the scene.

The driver of the sedan, and her passenger, a four-year-old boy, were not injured in the incident.

The crash investigation closed westbound U.S. 301 between Canal Road and 12th Street East for approximately 3 hours.

No further information is available at this time.

Motorcycle accidents often result in severe injuries, and as this case shows, sometimes death for the biker and any passengers. The lack of protection that a motorcycle provides its riders is a big factor as to why collisions lead to such tragedies. Not wearing a helmet usually only increases a biker’s risk for suffering a life-altering injury or death as a helmet equips a rider with an extra layer of protection in the event they are thrown from the bike.

The following are 4 reasons you should wear a helmet when on a motorcycle:

It Reduces Your Risk of Head Injuries
It Makes you Easier to See
It Protects you from Road Debris
It Protects you from the Elements

When considering a helmet, make sure to look for the DOT or SNELL sticker inside or outside the helmet. This sticker means that the helmet adheres to the safety standards of the U.S. Department of Transportation (DOT) and/or the Snell Memorial Foundation, a not-for-profit organization dedicated to research, education, testing and development of helmet safety standards.

April 11, 2016

One Dead, 2 Injured in St. Petersburg Crash

by Whittel & Melton, LLC

One person died and two others were injured in a two-vehicle collision at 22nd Avenue South and 34th Street in St. Petersburg early Saturday morning.

According to authorities, at about 3:30 a.m. Saturday, a 2010 Audi A4 was traveling southbound on 34th Street South. A 2000 Ford SUV was also headed southbound on 34th Street, and had stopped for the traffic signal at 22nd Avenue South.

The Audi was traveling at a high rate of speed and failed to stop. It slammed into the rear end of the Ford SUV, propelling the Ford into a 2006 Honda, which was also was stopped for the red traffic signal.

The Ford caught fire. The driver was pulled out of the vehicle by a passerby as the interior went up in flames.

All three drivers were taken to Bayfront Health St. Petersburg for treatment. The Audi driver was pronounced dead at the hospital. The other two drivers were treated for non-life threatening injuries.

Speed was a factor in the severity of the crash, according to police. It is unknown at this time if the Audi driver was impaired – toxicology reports are pending.

Speeding is one of the top causes of auto accidents. Speed limits exist for a reason – to keep those sharing the roadways safe. Engineers consider many factors when determining posted speed limits, such as the roads characteristics, shoulder conditions, grade, etc. The numbers they come up with matter and are heavily researched, which is why drivers should obey these rules. Sadly, many drivers ignore speed limits, which is why countless auto accidents occur each year that result in injuries or deaths.

Anyone who causes harm to others due to speeding can be held liable for all damages the victim(s) suffer. Our St. Pete Auto Accident Injury Lawyers at Whittel & Melton understand that car accidents are terrifying tragedies that can result in severe damages and injuries to those involved. Accidents that are caused by another driver’s negligence can only intensify these situations. We can immediately investigate the cause of your crash and identify all crucial pieces of evidence that can determine exactly what happened.

March 30, 2016

Two Tampa Men Invent Device To Prevent Child Heatstroke Deaths In Hot Cars

by Whittel & Melton, LLC

Two Tampa men have invented a device aimed at saving children from hot car deaths after becoming tired of reading more and more news stories regarding these tragedies.

They are currently looking for investors for their device they named Sense a Life.

According to the men, Sense a Life alerts parents and caregivers to safely remove children from a vehicle immediately upon leaving the vehicle themselves.

Sense a Life uses two sensors: one under the child car seat that senses weight and one installed near the driver’s side door. When the door opens and a child is in the car seat, a voice alert reminds the driver to take the child out.

The user also receives an alert on their phone. If ignored for a certain amount of time, the alert can also be sent to a second parent or guardian.

The men plan to launch a Kickstarter campaign in April to take the device to production.

The entrepreneurs hope to market the product to individuals directly or to car and child car seat manufacturers.

For more information, go to sensealife.com or visit them on Facebook at facebook.com/sensealife.

According to the National Highway Traffic Safety Administration, at least 30 children died from heat strokes in cars in 2014. Experts say it is the second most common cause of death for children under the age of 14, second only to crashes.

This device could be the answer to preventing the high number of deaths associated with child heatstroke deaths in hot cars. Time will tell if this device is a solution, but our Tampa Bay Injury Lawyers at Whittel & Melton are very happy to see strides being taken towards eliminating unnecessary deaths.

March 15, 2016

Pedestrian Hit, Killed by Jeep in Brandon

by Whittel & Melton, LLC

A pedestrian was killed Saturday night in Brandon after being hit by a Jeep , according to the Hillsborough County Sheriff’s Office.

The incident happened around 11:30 p.m. along Parsons Avenue South.

Deputies believe the 44-year-old pedestrian crossed Parsons Ave. into the direct path of a Jeep for unknown reasons.

The woman was struck and thrown to the east shoulder of the roadway. She died at the scene.

The driver, a 30-year-old woman, told investigators she did not see the pedestrian until she was right in front of the vehicle.

Investigators believe the woman may have been intoxicated at the time.

No other details have been released.

Drivers who have consumed alcohol and then get behind the wheel of a car are more likely to make poor decisions and less likely to adjust to any abrupt changes in traffic conditions. Alcohol can affect your judgment, impair your motor functions and alter your depth perception, which is why a good amount of Tampa Bay DUI crashes result in very serious or fatal injuries.

If a drunk driver has killed someone you love, it is imperative to act quickly in order to ensure that they are held responsible for your losses. When a loved one is killed, the surviving family members may be able to pursue a wrongful death lawsuit.

It is important to understand that even if the driver responsible for your loss is convicted for drunk driving, it will not automatically result in a financial settlement. Our Tampa Bay Pedestrian Accident Lawyers at Whittel & Melton will help protect your rights and make sure that you are offered fair and full compensation for your losses.

March 11, 2016

Biker Killed in Tampa Crash with Drunk Driver

by Whittel & Melton, LLC

A 26-year-old man is dead after he was hit by a drunk driver while riding his motorcycle in Tampa.

The crash happened at 12:34 a.m. on Dale Mabry Highway near the intersection with Cypress Street.

Police the victim, from Wesley Chapel, was riding his 2002 Yamaha motorcycle south when a 1997 Chevrolet pick-up truck made a left turn in front of him.

The man was declared dead at the scene. Police said Wednesday was his 26th birthday.

The driver of the truck, a 37-year-old Tampa man, showed signs of impairment, so police arrested him on charges of DUI manslaughter. His blood was drawn and submitted to the Florida Department of Law Enforcement.

When a motorist makes the choice to operate a vehicle under the influence of drugs or alcohol, they place everyone sharing the roadway with them in serious danger. While a DUI is a criminal offense that is punished in criminal court, this does nothing to compensate motorcycle accident injury victims or the families of those who have lost loved ones in these types of accidents.

The drunk driver can actually be held financially liable for any injuries, damages and losses suffered by a victim or their family. Victims of motorcycle DUI crashes that survive often suffer severe physical injuries in addition to financial stress and emotional grief. Family members who have lost loved ones in drunk driving crashes might be struggling to pay the bills and provide for their families. Motorcycle DUI injury victims and the families of those killed can seek compensation for their losses, including medical bills, lost wages, rehabilitation costs, funeral expenses, future income and pain and suffering.

March 4, 2016

Pedestrian Cited in Fatal St. Pete Scooter Crash

by Whittel & Melton, LLC

Pinellas County sheriff’s investigators have cited a pedestrian for contributing to a crash that resulted in the death of a motor scooter operator in St. Pete Beach last month.

The crash occurred at the intersection of 70th Avenue and Gulf Boulevard in St. Pete Beach on Feb. 2.

According to investigators, the 18-year-old pedestrian was crossing Gulf Boulevard from east to west at the intersection of 70th Avenue, and was not utilizing a crosswalk when he walked into the path of a motor scooter that was being driven by a 72-year-old man.

The pedestrian collided with the man’s motor scooter causing the biker to lose control and fall to the ground.

The motorcyclist was transported to a local hospital where he was pronounced dead. The pedestrian sustained minor injuries as a result of the crash and refused medical attention.

The initial report indicated the man had suffered a heart attack following the crash. The Medical Examiner’s Office conducted their investigation and determined that the man’s death was caused by blunt trauma resulting from the crash. The manner in which he died was determined to be an accident.

The pedestrian received a Uniform Traffic Citation for failure to yield to the right of way for a vehicle.

Even though pedestrians do generally have the right-of-way, there are cases where they can be liable for a car accident. In a pedestrian vs. motor vehicle accident, the pedestrian can actually be to blame, either wholly or partially.

The following are the most common scenarios under which a pedestrian may be found at least partially at fault for an accident involving a scooter or other type of vehicle:

Jaywalking – crossing in the middle of the street, outside of a crosswalk
Crossing against the traffic signal – in the crosswalk but against a red “Do Not Walk” command
Entering a street or highway while intoxicated
Walking along highways, bridges, or causeways where pedestrian access is prohibited.

February 25, 2016

Hybrid Vehicles Pose Risk to Pedestrians

by Whittel & Melton, LLC

Congress passed the Pedestrian Safety Enhancement Act in 2010. The law noted that hybrid vehicles are very quiet, especially when driven below 18 miles per hour. Due to this, Congress required the National Highway Traffic Safety Administration to develop regulations for noise alerts on these silent hybrid vehicles by January 2014. This deadline was then extended to November 2015, and then to March 2016. Auto makers are expected to have 18 months to comply with the new mandates once they are issued.

Sadly, in the meantime, pedestrians remain at risk. Pedestrian accidents have actually increased since 2009, and the fact that people cannot hear hybrid and electric vehicles approaching the same way that they can hear traditional gas-powered vehicles places pedestrians at a greater risk of becoming involved in an accident.

Drivers should always keep a close watch out for all pedestrians, especially those who may be blind, distracted or need extra time crossing the street.

If you have suffered harm from a pedestrian accident in Tampa Bay, you may have the right to recover for your past, current, and future medical expenses, lost income, out-of-pocket expense related to the accident and pain and suffering.

February 15, 2016

Two Toddlers Nearly Drown In Clearwater Over Weekend

by Whittel & Melton, LLC

Officials said two toddlers nearly drowned in Clearwater over the weekend.

On Saturday, a 1-year-old boy was found face down in a 55-gallon drum of water, according to reports. The incident occurred sometime after 6 p.m. Saturday at a home located in the 2500 block of Highland Acres Drive.

According to investigators, the child was with his father in the backyard of the home. The boy wandered off while his father was working in the backyard and when the dad noticed the child was gone, he went to look for him.

The father found the baby face-down in the water, and he pulled his son from the water and performed CPR until paramedics arrived.

Dunedin Fire Rescue said the boy had a pulse and was breathing when they arrived. He was taken to Mease Countryside Hospital for life-threatening injuries.

Investigators believe the drum of water was partially buried in the ground and being used as a tilapia farm.

Second Toddler Found in Clearwater Pool

Police also reported that a 2-year-old boy was found in a backyard pool Sunday morning.

The incident happened at 10:30 a.m. at a house in the 2000 block of Buford Boulevard.

Police said that family members pulled the boy from the pool and administered CPR until Clearwater Fire & Rescue crews arrived. The firefighters were able to regain a heartbeat before taking him to Mease Countryside Hospital.

The toddler was later flown to Tampa General Hospital in critical condition.

Officials believe several people were at the house at the time of the incident. They think the child was in the pool for less than five minutes.

Private pools pose the greatest risks for drowning, especially for children that are too young to know how to swim. This is why it is critical for parents to accompany their kids when poolside or in the water at all times to prevent tragedies. At Whittel & Melton, our Tampa Bay Swimming Pool Accident Lawyers understand that no one can be completely vigilant 100 percent of the time. However, this is why restricting access to swimming pools as much as possible is essential. The Consumer Product Safety Commission recommends a four-foot-high fence with a locking gate that should run around the entire perimeter of any backyard pool, at minimum. Unfortunately, builders and homeowners often fail to include this safety feature because a fence would ruin the look of a deck, patio or yard.