Wrongful Death

April 6, 2015

Man, Woman and Unborn Baby Killed after SUV Crashes into Mobile Home

by Whittel & Melton, LLC

A man, a woman, and her unborn baby were killed Wednesday morning after a SUV crashed into a mobile home while they were sleeping overnight.

The Palmetto Police Department believes the accident occurred at the Lone Oak Mobile Home Park around 2:30 a.m. According to investigators, the driver of a Chevy SUV was travelling north on U.S. 41 when he crossed the median at 7th Street West, smashed through a fence, and plummeted into the back of the mobile home.

The man and the pregnant woman were asleep inside when it happened, and police said they died upon impact.

The woman was apparently in the advanced stages of pregnancy, carrying a baby girl. A baby shower was planned for next week, according to family members and friends.

The driver, a 35-year-old man, was taken to the hospital with non-life-threatening injuries.

The man apparently has an extensive criminal background, including two charges for driving without a license in 2006 and 2007.

Detectives have not yet filed any charges in relation to this fatal accident.

Police are awaiting the results of a blood test to determine if alcohol was a factor.

The last thing you expect to happen when you are sleeping or just watching TV on the couch with your friends, roommates or family members is for a car or truck to crash through the wall or windows. While we do not hear about his happening that often in the news, it does happen. There are actually a wide array of reasons for a driver to leave the roadway and smash into a house or building. Most of these accidents are the result of driver negligence, which means the victim or their surviving family members can pursue civil action:

Drunk Driving
Drowsy Driving
Dangerous Road Design
Vehicle Malfunction or Defect

A vehicle that crashes into your home can really change your life. While victims may need lasting medical treatment for injuries, the shock alone can lead to severe emotional stress, not to mention property damage, possible relocation while repairs take place and even dealing with the aftermath of a loved one’s death.

March 27, 2015

AAA Study Shows Accidents Involving Distracted Teen Drivers on the Rise

by Whittel & Melton, LLC

Most people recognize that using a cell phone while driving can prove deadly. However, a new AAA study shows that cell phone use is hardly the only activity that may cause you to become involved in a serious auto accident.

The most recent research carried out by the AAA Foundation for Traffic Safety concludes that most teens involved in crashes are guilty of distracted driving but, not all of these cases involve distracted driving associated with cell phone use.

According to AAA, distracted driving is a factor that is present in 6 out of all 10 accidents that are moderate or severe. Distracted driving among teens has only been associated with 14 percent of all teen driver crashes by the U.S. National Highway Traffic Safety Administration, so this new study may indicate that teens are much more likely to be involved in serious distracted driving crashes than we once thought.

According to the results of the study, the number one cause of distraction among teen drivers who are involved in crashes is talking to other passengers.

The study also found that out of the 1,700 videos of crashes involving teens recorded by in-vehicle event recorders, 58 percent of the crashes were caused by distraction. Here is the breakdown of the results: 89 percent of road-departure crashes were associated with distractions, while 76 percent of the rear-end collisions were caused by distractions.

While talking to passengers accounts for the highest number of crashes, cell phone use follows in second with 12 percent of all crashes involving teens. AAA also reports that 8 percent of the distracted driving crashes involving teens they researched were caused by personal grooming while driving and another 6 percent of collisions were caused by teens reaching for items inside the car.

This study is important because it highlights the dangers that teen drivers face on a daily basis. Creating awareness of these distractions could help safety advocates and lawmakers develop better solutions to the distracted driving problem.

March 16, 2015

Woman Texting Walks into Path of Polk County Train

by Whittel & Melton, LLC

A 27-year-old central Florida woman escaped serious injury Monday afternoon when she walked into a train while texting.

Police claim the woman was texting as she walked around the crossing gates and into the path of a passing freight train in Lakeland.

Lakeland police Sgt. Gary Gross said the woman “wasn’t paying attention.”

She was hit by the train and tossed into the air. She suffered a compound fracture to her right arm and her right leg was also injured.

The train had two locomotives and was carrying consumer goods from Winter Haven to Jacksonville.

Texting while driving is a serious issue. In the United States, somewhere between 1,000 and 1,500 people end up in Emergency Rooms every year due to injuries caused by texting and walking. A study conducted at Ohio State University found that distracted walking injuries more than doubled between the years 2005-2010. Another study, conducted by the University of Washington found that people who text while walking are four times more likely to put themselves at risk while crossing the street than their fellow pedestrian travellers. Distracted walkers looking at texts are likely to not look both ways or jaywalk.

March 3, 2015

Toddler Killed in Drunk Driving Crash

by Whittel & Melton, LLC

According to police, a 2-year-old boy was killed after a Winter Haven woman who was drunk crashed an SUV loaded with passengers.

The Florida Highway Patrol believes the 24-year-old woman drove her vehicle onto a shoulder in Manatee County on Saturday afternoon. The vehicle went airborne, overturned several times and crashed into several trees.

The accident killed the 2-year-old Winter Haven boy, who police said was not wearing a seatbelt or child restraint. The driver, two adult passengers and a 6-month-old boy were seriously injured. Seven other children suffered minor injuries.

The female driver was charged with DUI manslaughter and other counts.

An estimated one-third of all traffic fatalities involve drivers whose abilities have been significantly diminished by drinking alcohol. In fact, it is estimated that two in every ten Americans will be involved in an alcohol-related crash at some point in their lives.

The sad truth is that drunk drivers choose to be irresponsible and negligent. Every single time a drunk driver chooses to get behind the wheel, he or she puts everyone else on the road at risk of serious injury or death. A Tampa Bay Auto Accident Attorney at Whittel & Melton knows how dangerous these reckless drivers are and will fight to get maximum compensation for injury victims who have suffered harm because of the selfish acts of drunk drivers.

February 26, 2015

What You Need to Know About the Takata Air Bag Recall

by Whittel & Melton, LLC

According to the National Highway Safety Administration, Japanese auto parts maker Takata Corp. refuses to cooperate with the government’s investigation of its air bags.

The NHTSA announced on Friday that it will impose fines of $14,000 a day that will continue until key safety information is provided.

Here are the key points you need to know regarding the Takata airbag recall:

What The Problem Is. The inflators propelled by ammonium nitrate can explode with too much force, which can result in shrapnel ejecting onto drivers and passengers. At least six people have been killed and 64 injured worldwide due to the problem. Since 2008, 17 million vehicles have been recalled in the U.S. by 10 different automakers. Currently, only 2 million, or around 12 percent, have been fixed because of a lack of parts.

Recall Areas. Government investigators believe that too much exposure to moisture in the air can cause the inflator to build up excess pressure, which can shatter metal canisters meant to contain the explosion that inflates the bags. Driver’s side air bags have been recalled nationwide, however recalls of passenger side air bags have been limited to Florida, Puerto Rico, areas near the Gulf of Mexico including Texas, Alabama, Mississippi, Georgia, and Louisiana, as well as Guam, Saipan, American Samoa, U.S. Virgin Islands and Hawaii.

Takata’s Stance. Takata has challenged the National Highway Traffic Safety Administration’s demand for a national recall of driver’s airbags. Despite that, automakers did it on their own. Takata claims that tests of 10,000 inflators does not show any reason for the recalls to be expanded.

What is Currently Being Done by the Government. The government has three different groups testing the air bags: Takata, an independent contractor hired by the company and a group of 10 automakers. In order to force Takata into a national recall, the government must be able to explain what is going wrong with the airbags and why.

What You Can Do to Make Sure Your Air Bags Are Safe. While the air bags are still being tested, you can always check to see if your car has been recalled and get the repairs done as soon as possible. To check, go to https://vinrcl.safercar.gov/vin/ and type in your 17-digit vehicle identification number, which is located on your dashboard near the driver’s side windshield. The site will tell you if there’s a recall, and if your car is affected, you should call your dealer right away.

February 9, 2015

St. Pete Toddler Struck and Killed by Car While Playing in Yard

by Whittel & Melton, LLC

A toddler was hit by an SUV and killed while playing in a yard in St. Petersburg on Thursday evening.

According to reports, a 27-year-old man was exiting the yard when he failed to see the 2-year-old playing near his 1998 Ford SUV.

As the man backed out of the yard his vehicle collided the toddler, troopers said.

The child suffered serious injuries and was taken to Bayfront Hospital where she later died from her injuries.

The child’s father was in the front yard at the time of the incident. The driver of the SUV is a family friend.

Charges are pending.

Back over accidents happen when a car reverses and hits someone behind the vehicle. Sometimes these accidents take place when the victim is in the yard, walking through the driveway or even riding a bicycle. These accidents can occur in parking lots, streets, driveways and anywhere else a vehicle can back out of a parking space or move the vehicle in reverse.

Sadly, children are most vulnerable to these accidents, however anyone can be a victim of a back over accident. According to KidsAndCars.org, an estimated two children are fatally injured in backover accidents every week and another 50 are injured.

February 6, 2015

Tampa Man Dies in Scooter Crash

by Whittel & Melton, LLC

A Tampa man was killed Saturday night after he lost control of his scooter on Hillsborough Avenue and crashed into a power pole, authorities said.

The Florida Highway Patrol believes the 27-year-old was riding a Honda PCX150 west on Hillsborough east of Harney Road around 8 p.m. when he veered right and crossed two lanes of westbound traffic.

The scooter exited the roadway, turned into its side and struck a power pole and then a sign post. It came to rest at the entrance to Jasmine Plaza, 7031 Hillsborough Ave., according to troopers.

The man was taken to St. Joseph’s Hospital, where he was later pronounced dead.

A person operating a scooter or a pedestrian struck by a scooter may sustain a wide range of injuries after becoming involved in an accident. Even minor injuries can have a serious impact on your life or the life of a loved one. Scooter accidents can result in various injuries, including:

Traumatic Brain Injury
Spinal Cord Injury
Contusions
Lacerations and Road Rash
Disfigurement
Broken Bones and Fractures

February 2, 2015

St. Pete Boy Killed in Skateboarding Accident

by Whittel & Melton, LLC

Two teenagers skateboarding fun turned tragic Sunday when one of them was killed.

According to police, one of the 15-year-old boys got into his mother’s 2003 Mercedes sedan and drove it down Atwood Avenue N while his other 15-year-old friend held onto the right rear corner and sped along on his skateboard.

This type of skateboarding trick is called “skitching.”

Police believe the teen driving accelerated with the other boy holding on to the rear. The pair traveled only a short distance before the boy let go of the car, became unstable and fell to the ground, striking his head.

Bystanders performed CPR, and emergency medical personnel arrived at the scene. The teen was taken to Bayfront Health St. Petersburg, where he was pronounced dead at 8:37 p.m., about 2 1/2 hours after the accident happened.

The risk of injury associated with skateboarding tricks like skitching far out-weigh the thrill than can be achieved. Skitching presents a high risk of serious injury and even death to those that partake in this activity. There are numerous things that can go wrong from these types of accidents, such as being pulled under the vehicle, being hit by another car on the road or as this case shows, even just losing control and hitting pavement.

Traumatic Brain Injury
Spinal Cord Trauma
Broken Bones and Fractures
Nerve Damage
Facial Disfigurement
Death

When a child is injured due to his own negligence, there is usually no recourse or available compensation for injuries suffered. The Tampa Bay Injury Lawyers at Whittel & Melton know how devastating serious injuries to children, or worse death, can be on families and parents.

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.