Wrongful Death

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

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.