Wrongful Death

September 22, 2015

Driver Smashes into Clearwater Bakery, No One Injured

by Whittel & Melton, LLC

There were no injuries Saturday morning after a car crashed into Manos Bakery at 1975 Drew Street in Clearwater.

According to police, a westbound Honda Civic on Drew Street ran a red light and collided with another car, resulting in the Honda crashing through the front of the bakery.

The Honda came to rest inside the bakery.

The bakery owner and one employee were inside, but neither they nor the drivers were injured.

The 34-year-old driver of the Honda was cited for running a red light and not having a valid driver’s license, according to police.

The technical rescue team from Clearwater Fire & Rescue examined the structural integrity of the building and boarded up windows that had been smashed out by the impact, police said.

Thousands of people in the U.S. are injured or killed because someone ran a red light. In fact, it is the one of the leading causes of urban accidents. According to the Insurance Institute for Highway Safety:

More than 1/2 of all American’s admit red-light running.
More than 60 percent of American’s will see someone run a red light at least once each week.
It is the leading cause of urban crashes.
Almost all drivers fear being hit by a red-light runner.
1 in 3 Americans know someone that has been killed or injured by someone running a red light.

Traffic lights and signals are in place to protect drivers, pedestrians and bicyclists. When these signals are ignored, the results can be catastrophic.

September 2, 2015

Stay Safe this Labor Day Weekend

by Whittel & Melton, LLC

For most, Labor Day weekend symbolizes the unofficial end of summer. As a three-day weekend, this gives many Americans the chance to celebrate with friends and family one more time before fall comes around and the weather gets cooler. Whether you plan on taking one last road trip for a weekend getaway or staying home and celebrating with family and friends, the Tampa Bay Injury Lawyers at Whittel & Melton want you and your loved ones to stay safe!

Labor Day Weekend has a high rate of preventable accidents, injuries, and deaths, both on the roadways and at homes across Tampa Bay and the rest of the country. To help you and your loved ones stay safe this holiday weekend, our Tampa Bay Injury Lawyers have compiled a few helpful safety tips:

Roadway Safety – AAA anticipates that nearly 35 million Americans will travel this Labor Day weekend. With this many people on the road, it is very important to remember roadway safety, obey traffic laws and to always stay alert and avoid distractions when behind the wheel.
Vehicle Safety – Along with obeying the rules of the road, it is equally important to make sure your vehicle is safe for travel. Check your vehicle’s fluids, brakes and lights before going on a trip. It is recommended to take your vehicle in for a quick inspection before you head out of town. If you have an older vehicle, you may want to consider renting a car with up-to-date safety features for your road trip.
Water & Pool Safety – Because Labor Day weekend is the unofficial end of summer, pool parties and water activities are common. Make sure that all children are always supervised around and in the water.
BBQ Safety Tips – Labor Day weekend and barbecues go hand in hand. If you are planning on an outdoor grilling party, make sure that your grille is properly cleaned to avoid grease fires. Also, make sure to grill in a safe area away from structures, furniture and other flammable hazards. Keep a fire extinguisher nearby and have a safety plan ready in place your barbecue goes awry.
Drink Responsibly – Holiday weekends, like Labor Day, see some of the highest rates of alcohol-related accidents and injuries than any other time of year, especially on roads and highways. If you plan on drinking, please do so responsibly and plan a safe ride home. Remember, police will be on high alert for motorists driving under the influence, so do not drink and drive.

August 20, 2015

Motorcyclist Killed in Brandon Collision

by Whittel & Melton, LLC

A 33-year-old Plant City motorcyclist was killed in a crash near Brandon early Tuesday.

The motorcyclist lost control of his Yamaha around 3:15 a.m. while making a right turn from E Adamo Drive onto northbound U.S. 301, according to the Florida Highway Patrol.

The motorcycle hit the raised center median, overturned and came to rest in the path of a northbound Toyota Camry.

July 23, 2015

Woman, Boy Drown in Separate Swimming Pool Accidents in Tampa Bay

by Whittel & Melton, LLC

A 49-year-old woman has drowned in a family swimming pool in Clearwater, according to authorities.

The woman’s mother found her floating in the backyard pool around 5:30 p.m. Monday, according to reports.

Police believe the mother unsuccessfully tried to pull her daughter from the pool. She called 911 and paramedics administered CPR upon their arrival. The woman was declared dead a short time later.

Also on Monday evening, police reported that a 7-year-old boy drowned in a backyard pool in nearby Pinellas Park. The child was taken to a hospital where he was declared dead.

No additional information on either case is available at this time.

According to the Centers for Disease Control and Prevention, ten people drown every day across the United States. Moreover, of the top causes of unintentional death in the country, drowning takes the number five spot. Children under the age of 14 are most likely to fall victim to drowning accidents. In fact, approximately one in five people who drown are children under the age of 14 and many more suffer serious, life-altering injuries after being submerged.

Most children who die from drowning accidents were killed in a residential swimming pool. Those that survive near-drowning accidents are often left to face brain injuries, learning disabilities and memory problems, just to name a few. An important fact to note is that when a residential swimming pool has a fence surrounding it, the chance of a drowning decreases by 90 percent.

July 2, 2015

Fourth of July Safety Tips

by Whittel & Melton, LLC

The Tampa Bay Injury Lawyers at Whittel & Melton would like to wish everyone throughout Tampa and the state of Florida a very happy Fourth of July! During this summer holiday period, many of us celebrate the time with friends and family. As with many other holidays, risks of accidents and injuries can increase during the Fourth of July weekend.

To help you keep yourself and your loved ones safe this weekend, we have compiled some helpful safety tips:

Drunk Driving

Drunk driving accidents, injuries and deaths always peak during Fourth of July weekend. If you plan on celebrating Independence Day with a few drinks, make sure to drink responsibly and plan for a ride. Make arrangements with friends or family, or call a cab or transportation service like Uber or Lyft. Remember, law enforcement officers will be out in full force this weekend looking to catch intoxicated motorists.

Fireworks Safety

If you plan to light off a few Sparklers or fireworks yourself, please remember these important tips:

Always follow instructions and supervise children. Never provide fireworks to small children.
Use fireworks in a safe area where they cannot harm others or damage property. This may be a given, but never throw or point fireworks toward people, vehicles, structures, or flammable materials.
Do not light multiple fireworks at once and never attempt to relight a “dud” firework that failed to go off the first time.

Water Safety

Many Tampa Bay residents celebrate the Fourth at the beach, lake or by enjoying the water at backyard pool parties. When having fun near the water, make sure that safety is a top priority. Supervise children, use safety vests when on the water, drink responsibly and have a safety procedure set in place in the event of an emergency.

Grilling Safety

Use caution when barbecuing! Many people suffer injuries when cooking on charcoal and gas grills. Never grill indoors, supervise the grill when it is on, follow all instructions and never add lighter fluid when charcoal has already been ignited.

July 1, 2015

Pinellas County Deputy Injured in Weather-Related Crash on I-275

by Whittel & Melton, LLC

A Pinellas County Sheriff’s deputy was involved in a weather-related collision on Sunday morning, according to reports.

The single-vehicle crash occurred on Interstate-275 just before the exit to 38th Avenue North at around 10 a.m. on Sunday.

According to the sheriff’s office, the deputy was traveling southbound on Interstate 275 in heavy rain.

Reports indicate that due to the inclement weather, the deputy’s cruiser may have hydroplaned causing the vehicle to fishtail and strike the median guardrail barrier.

After hitting the median barrier the vehicle spun around before coming to a final rest on the guardrail.

The deputy was transported by ambulance to Bayfront Medical Center for non-life threatening injuries.

Every year in the United States, weather is found to be a factor in more than 1,300,000 accidents. According to the U.S Department of Transportation, 23 percent of all accidents each year are weather-related. The following conditions contribute to weather-related accidents:

Wet Pavement – 17 percent of crashes, 16 percent of injuries, 13 percent of fatalities
Rain – 11 percent of crashes, 10 percent of injuries, 8 percent of fatalities
Snow & Sleet – 4 percent of crashes, 3 percent of injuries, 2 percent fatalities
Ice – 3 percent of crashes, 2 percent of injuries, 2 percent fatalities
Snow & Slush – 3 percent of crashes, 2 percent of injuries, 2 percent fatalities
Fog – 1 percent of crashes, 1 percent of injuries, 2 percent fatalities

June 25, 2015

Motorcyclist Killed in Tampa Crash

by Whittel & Melton, LLC

A motorcyclist was killed in the early morning hours on Thursday in a traffic crash in Tampa.

The 38-year-old man was riding his motorcycle near N. Nebraska and E. Louisiana aves. when he was involved in a crash with another vehicle, according to police.

The man was taken to a nearby hospital, where he was pronounced dead.

According to officials, the driver of the other vehicle remained at the scene and was cooperative with police.

Officials have not yet said whether charges will be filed.

The investigation is ongoing.

About 75 percent of motorcycle accidents involve a crash with another motor vehicle, usually passenger cars. According to the National Transportation Safety Board, within the past decade, more than 70,000 people have suffered from serious injuries and more than 3,000 more have died from motorcycle accidents. In the vast majority of these cases, the biker is not the one found to be at fault for the accident.

A motorcycle accident can result in a range of injuries, from minor cuts and abrasions to serious head and brain injuries and even death. Some of the most common motorcycle accident injuries occur to the head and neck and can leave the victim paralyzed or in a permanent vegetative state. Due to these serious injuries and possible wrongful deaths, victims and their families may face extensive medical bills, loss of wages and emotional distress. A motorcycle accident victim, as well as surviving family members, may be entitled to the following types of compensation:

Compensation for Medical Care
Funeral or Burial Costs
Motorcycle Repair or Replacement
Lost Wages
Recovery for Mental Anguish and Pain and Suffering

May 26, 2015

May is Motorcycle Safety Awareness Month

by Whittel & Melton, LLC

May is Motorcycle Safety Awareness Month, and the National Highway Traffic Safety Administration is encouraging motorists and roadway users to “Share the Road.”

Motorcyclist fatalities did actually increase in 2012. While bikers can protect themselves by wearing safety gear and practicing safe riding habits, ultimately, the other drivers sharing the roadway with them must also drive safely. Motorcyclists lack certain protections that cars have such as seat belts, steel cages and airbags, so they are truly at the mercy of other motorists.

Motorcycle Safety Facts

April 14, 2015

Chef Killed By Speeding Drunk Driver in Downtown St. Pete

by Whittel & Melton, LLC

A speeding drunk driver collided with two people who were crossing 2nd Street N in downtown St. Petersburg early Saturday, killing one of them and critically injuring the other, according to police.

Shortly after 2 a.m., a 25-year-old St. Petersburg man was speeding on 2nd Street N in a rented Dodge Charger. The car ran a red light at Central Avenue and hit a 31-year-old Largo chef and a 28-year-old St. Petersburg man.

The chef died at the scene. The other man, who was sideswiped and spun onto the pavement, was taken to a Bayfront Health St. Petersburg with life-threatening injuries. He has since been stabilized, according to reports.

The drunk driver fled the scene and was arrested at the nearby Push Ultra Lounge a short time later. The driver has been charged with DUI manslaughter, aggravated fleeing and eluding, leaving the scene of a crash involving death and DUI with serious bodily injury.

The man tried to escape while in custody in the breath testing center at police headquarters, but was quickly apprehended, police said.

The deceased was a chef at The Kitchen, a restaurant just west of 2nd Street on 1st Avenue N. His wife was nine months pregnant with the family’s second child, according to reports.

Police reported that the Dodge was seen speeding on 4th Avenue N after exiting I-175. DUI patrol officers spotted the car and tried to stop it as it slowed to turn south on to 2nd Street, but the car accelerated “at a very high rate,” indicating it was not going to stop.

The Dodge kept speeding southbound and ran a red light at 3rd Avenue N and then at Central, where the two men were crossing Central Avenue with a green light and a crossing signal, police said.

After hitting the pedestrians, the Dodge drove off the southwest corner of the intersection and struck two concrete light pillars, ripping off the car’s right front wheel. The car continued travelling along until coming to rest just before 1st Avenue S.

Drunk drivers cause more than 30 percent of fatal car accidents each and every year in the United States. When a drunk driver causes a loved one’s unnecessary death or injuries, a Tampa Bay Wrongful Death Lawyer at Whittel & Melton is needed to obtain compensatory and punitive damages for your losses.

Our Tampa Bay Wrongful Death Drunk Driving Accident Attorneys at Whittel & Melton work on a contingency basis for grieving families in order to help them cope with the legal and financial strains associated with a drunk driving death.

April 7, 2015

New Study Reveals Time of Day Child Pedestrians Most Likely to Be Struck By Car

by Whittel & Melton, LLC

Researchers from New York City’s Jacobi Medical Center recently released a study that shows the time of day and months of the year that child pedestrians are most likely to be struck by a car. By taking a peek at the medical records of 100 school aged children who were hit by a car in 2012, the researchers were able to pinpoint the two most likely times of the day for a child to be hit: 1. the evening 2. shortly after leaving school.

The study also determined that children were more likely to be hit by a car in the spring months. The most common injuries suffered in these accidents were thigh bruises and ankle and shin fractures.

How to Prevent Children from Being Hit By Cars

Most accidents that involve children being hit by a vehicle are 100% preventable. Motorists on the road must practice safe driving and children must exercise safe walking habits in order to avoid pedestrian crashes.

Driver Distractions the Most Common Cause

The most common cause of a child pedestrian vs. car accident is a distraction of some kind. This applies to the driver of the car as well as the child. Distracted driving is unfortunately a widespread problem throughout the United States. Drivers texting, entering an address into GPS, applying makeup, eating or even just changing the radio station can result in a tragic accident because partaking in these activities causes their attention to be off of the road.

Child pedestrians can be guilty of distractions, too. Many children these days have smart phones that allow them to play games, search the Internet, take pictures and watch videos. Children must know to put the phone down while they are walking to avoid an unnecessary accident.

Liability for Pedestrian Auto Accidents