Wrongful Death

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 8, 2014

Man Charged in DUI Crash that Killed Motorcyclist in Haines City

by Whittel & Melton, LLC

A 37-year-old Kissimmee man has been arrested for DUI manslaughter and vehicular homicide in an October collision that killed a motorcyclist in Haines City.

According to Polk County deputies, FDLE blood analysis showed that the man arrested had a blood alcohol content of .145 when he caused the fatal crash on October 12, 2014.

According to reports, the man was driving his 2000 silver Chrysler Concord westbound on Johnson Avenue in Haines City around 5:41 p.m. when he passed another vehicle travelling westbound in a no passing zone.

Deputies believe the man’s car entered the eastbound lane and into the path of a Harley motorcycle being driven by a 52-year-old Lakeland man. The two vehicles hit head-on. The biker was pronounced dead at the scene.

Following the crash, deputies sent a sample of the man’s blood to the state FDLE lab for analysis. Once the results were returned to the Polk County Sheriff’s Office, deputies obtained a warrant for the man’s arrest.

On November 27, the man was taken into custody and booked into the Polk County Jail. He was released on November 29 after posting bond.

Most accidents that result from a drunk driver will result in criminal charges being filed. Additionally, the victim of the accident may be able to file a civil claim for his or her injuries. In a case where there is a death, the family of the deceased may file a wrongful death claim.

Filing a claim will not fill the void that is left after losing a loved one, but it can provide some sense of closure. It may help to know that the at-fault party is being held accountable for their negligent actions. Filing a claim can also help to alleviate costs, such as medical bills or funeral arrangements that a family was not prepared to pay for.

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.

November 26, 2014

46.3 Million to Hit Roads Thanksgiving Weekend: Travel Smart, Stay Safe

by Whittel & Melton, LLC

Gas prices across the country are at an average of $2.85 a gallon, which is the lowest cost for the entire year and down 43 cents from this time last year. According to AAA, travelers should anticipate more traffic on the roads as the Thanksgiving holiday approaches.

AAA estimates that nearly 46.3 million people will travel a distance of at least 50 miles from home over the Thanksgiving weekend, Wednesday, Nov. 26 through Sunday, Nov. 30. This is a 4.2 percent increase from last year and the highest anticipated volume since 2007.

According to AAA, around 90 percent of those travelling for the Thanksgiving holiday will do so by automobile. In accordance with that, Thanksgiving air travel is also expected to be at the highest level since 2007, with 3.55 million people flying.

Those who are driving to get to their Thanksgiving destination should plan their time out properly. It is estimated that it will take at least 25 percent longer to get to your final stop. In fact, Wednesday pre-Thanksgiving rush hour is expected to begin about two hours earlier than on a typical Wednesday. The worst delays are expected to occur between 2 p.m. and 5 p.m.

The National Safety Council expects 418 people will be killed during the Thanksgiving holiday and another 44,700 seriously injured. The best thing that you can do to protect yourself and those you love is to buckle up.

The following safety tips can help make sure your Thanksgiving holiday is safe and sound:

Check to see that your vehicle is in proper working order.
Make sure you have a full tank of gas, check the tire air pressure and make sure the windshield fluid is full.
Always wear a seatbelt and follow the speed limit.
Stay well-rested so that you can be alert behind the wheel.
Exercise caution in construction areas and work zones.
Avoid distractions – do not text and drive, refrain from calling or receiving phone calls and always pay attention to the road.
Take a break. Long trips may require you to stop frequently or even switch drivers.
Keep an emergency preparedness kit inside the vehicle with useful items, such as water, snacks, a flashlight, first aid kit, extra cash and blankets.

November 20, 2014

National Driver Survey Intends to Make Safer Roads and Drivers

by Whittel & Melton, LLC

Researchers at the University of South Florida’s Center for Urban Transportation Research have been watching people drive as part of a national study on driver habits for the past few years.

The goal of the study was to gather data on how people drive and the way they drive.

In order to accomplish this goal, more than 3,000 people were studied nationwide, including more than 700 drivers in Tampa Bay. Their cars were equipped with front to back sensors and cameras to keep tabs on their every move, even down to the motion in a driver’s eyes, according to researchers.

Participant study time ranged from four months to two and a half years.

Many of the results came back as expected, such as those regarding distracted driving. The study found many drivers who took their eyes off the road for as long as 4.6 seconds.

Taking your eyes off the road for 4.6 seconds travelling at an average of 50 miles an hour is equivalent to driving the distance of an entire football field without looking, which seriously increases your chances of being involved in a crash.

The study also looked at “near crashes,” when a driver swerves to avoid hitting another car. This type of data has never been captured before. Researchers can now look at how we act and react to traffic.

The study also looked into approaches to pedestrian intersections. Researchers were able to watch drivers’ eyes, which can help them tell if existing signs are doing their job or if things need to be changed.

The goal of the study is to create safer roads, cars and drivers.

Distracted driving involves more than just cell phone use while driving. Driver distractions can be anything that take the driver’s attention off the main task at hand – driving. Distractions usually fall into three categories:

Visual: Distractions that take the driver’s eyes off the road, such as reading maps, GPS devices, reading billboards, looking at scenery or other driver’s.
Manual: Anything that cause a driver to take his or her hands off the steering wheel, such as answering a cell phone call, sending a text message, eating or personal grooming.
Cognitive: Things that take a driver’s thoughts away from driving, including talking to other passengers or having cell phone conversations.

November 14, 2014

Takata Airbag Recall Continues

by Whittel & Melton, LLC

Takata Corporation, the Japanese maker of air bags used by auto manufacturers, is accused of selling faulty airbags to at least 11 different automakers dating back as far as 2001. The problem with these airbags is that they can rupture and spray shards of metal at drivers and front-seat passengers. The first reported airbag shrapnel ejection occurred in 2004, however, Takata apparently tried to conceal the incident and did not issue a recall until 2008.

Further scrutiny by experts shows that in high-humidity environments, like the Tampa Bay area and the rest of Florida, moisture can seep inside the airbag inflator and destabilize the chemical explosive. This can lead to an airbag explosion even after a minor accident.

Numerous people have been injured, blinded or killed after these airbags sent metal and plastic shards flying through a vehicle. Just last month the government added 4.74 million U.S.-market vehicles sold by Toyota, Honda, Mazda, BMW, Nissan and General Motors to the recall list for housing faulty Takata airbags. This is a serious safety concern, which is why the owners of vehicles that contain Takata airbags are urged to have the vehicle repaired as soon as possible.

More than 14 million vehicles from 11 automakers have been recalled for the defect to date, with most of these recalls occurring in the last two years. Takata’s faulty airbags have been linked to at least four deaths and more than 100 injuries, dating back to 2004.

A full list of recalled vehicles can be found below:

BMW

2000 – 2005 3 Series Sedan

2000 – 2006 3 Series Coupe

2000 – 2005 3 Series Sports Wagon

2000 – 2006 3 Series Convertible

2001 – 2006 M3 Coupe

2001 – 2006 M3 Convertible

Ford

2004 – Ranger

2005 – 2006 GT

2005 – 2007 Mustang

Mitsubishi

2004 – 2005 Lancer

2006 – 2007 Raider

Nissan

2001 – 2003 Nissan Maxima

2001 – 2004 Nissan Pathfinder

2002 – 2004 Nissan Sentra

2001 – 2004 Infiniti I30/I35

2002 – 2003 Infiniti QX4

2003 – 2005 Infiniti FX35/FX45

Honda

2001 – 2007 Honda Accord)

2001 – 2002 Honda Accord

2001 – 2005 Honda Civic

2002 – 2006 Honda CR-V

2003 – 2011 Honda Element

2002 – 2004 Honda Odyssey

2003 – 2007 Honda Pilot

2006 – Honda Ridgeline

2003 – 2006 Acura MDX

2002 – 2003 Acura TL/CL

2005 – Acura RL

Mazda

2003 – 2007 Mazda 6

2006 – 2007 Mazdaspeed6

2004 – 2008 Mazda RX-8

2004 – 2005 MPV

2004 – B-Series Truck

Subaru

2003 – 2005 Baja

2003 – 2005 Legacy

2003 – 2005 Outback

2004 – 2005 Impreza

Toyota

2002 – 2005 Lexus SC

2002 – 2005 Toyota Corolla

2003 – 2005 Toyota Corolla Matrix

2002 – 2005 Toyota Sequoia

2003 – 2005 Toyota Tundra

November 11, 2014

McDonald’s Recalls Hello Kitty Toy in Happy Meals

by Whittel & Melton, LLC

McDonald’s has issued a voluntary recall for 2.5 million Hello Kitty lollipop whistles after determining the toys pose a choking hazard to small children.

According to reports, McDonald’s received two reports of children choking on pieces of the Hello Kitty Birthday Lollipop Whistles. One of the children did require hospitalization.

The recall confirms that parts inside of the whistle can come loose and be inhaled by small children.

In the United States, 2.3 million whistles were distributed, and 200,000 were distributed in Canada in October and November.

The toys were included in McDonald’s Happy Meals and Mighty Kids Mills.

The U.S. Consumer Product Safety Commission provided the following information on the toy:

The recalled whistles are red come in a plastic Hello Kitty figuring holding a pink heart-shaped lollipop. The figurine is about three inches tall.
The whistle measures approximately 1.75 inches in height, 1.75 inches in width, and .75 inches in depth. A picture of Hello Kitty is included on both sides of the whistle.
“Hello Kitty® Birthday Lollipop” is written on the bag the toy comes in and the number “6” is printed in the top right corner.

Choking and suffocation can cause severe brain damage and even death. The long-term medical care associated with a child who has suffered brain damage as a result of choking can financially ruin a family.

November 7, 2014

Survey: Despite Knowing the Risks, Motorists Still Driving Distracted

by Whittel & Melton, LLC

While numerous safety campaigns and drivers’ personal experiences have made motorists more aware of the dangers that distracted driving poses, a recent survey has found that many adults do not fully appreciate the fact that distracted driving can greatly increase the risk of automobile accidents. The survey concluded that many adults continue to use their cellphones while driving, even though they know the dangers of doing so.

The Harris Poll surveyed 2,045 adult drivers about their driving habits during May 2014. Of those adults surveyed, 94 percent said that sending texts while driving is either dangerous or very dangerous. Moreover, 91 percent of those surveyed said the same about reading text messages while driving. However, despite knowing the dangers of texting while driving, 45 percent of those surveyed said that they regularly read text messages while behind the wheel. Another 37 percent admitted to sending text messages.

The poll also found that 69 percent of those surveyed agreed that using a handheld cellphone while driving was dangerous, but 74 percent admitted to talking on the phone while driving and 21 percent confessed they did so frequently.

These results combined with the fact that the National Highway Traffic Safety Administration has found that driver distraction killed 3,328 people across the nation in 2012 are especially alarming. The NHTSA also estimates that distracted driving injured 421,000 Americans in 2012.

In order to combat the havoc that distracted driving unleashes on roadways, many states, including Florida, have instituted laws limiting cell phone use while driving. In October, 2013, Florida enacted a limited ban on text messaging while driving. Florida drivers cannot type, send or read messages when behind the wheel. However, Florida’s law is a secondary law, meaning that a law enforcement officer can only pull a driver over and issue a ticket if the officer witnessed some other violation, such as running a red light while texting. A police officer cannot stop a driver for simply texting while driving. Violation of this law is punished as a nonmoving violation, but if a crash occurs because of a moving violation and texting the driver will be penalized six points.

October 30, 2014

Deadly Bicycle Accidents on The Rise: What You Need to Know

by Whittel & Melton, LLC

The number of fatal bicycle accidents involving motor vehicles is on the rise, and the state of Florida is just second behind California with the highest number of deaths.

According to a report by the Governor’s Highway Safety Association, the number of U.S. bicyclists killed in accidents involving motor vehicles rose by 16 percent between 2010 and 2012.

During that same period, California had 338 cyclists killed in collisions with motor vehicles, and Florida had 329.

Florida and California also had the largest increases in annual cyclist traffic fatalities from 2010 to 2012. Florida’s deaths rose by 37 to 120 in 2012 and California’s cyclist deaths rose by 23 to 123. California had the most bicyclists killed of any state in 2012.

The GHSA report also found the following:

722 bicyclists were killed in motor vehicle crashes in 2012 across the nation. This number is up 6 percent from 680 fatalities the previous year. That number is also a 16 percent jump from the 621 bicyclists killed in 2010.
More than two-thirds of bikers killed were not wearing helmets. Despite the fact that many states have laws requiring minors to wear helmets while riding bikes, wearing a helmet is generally not a state or federal requirement for adults.
More than one-fourth of bicyclists killed in accidents were impaired. According to the report, 28 percent of bicyclists killed in motor vehicle accidents had blood alcohol concentrations over the legal limit of .08.
Findings show that nearly 9 in 10 bicycle fatality victims are adult males. In 2012, men made up 88 percent of those killed in bicycle traffic collisions.
Bike accidents are increasing in urban areas. According to the report, 69 percent percent of fatal bike accidents happened in urban areas in 2012, compared to only 50 percent in 1975.

If injured, it is important for Tampa Bay area cyclists to understand their legal rights and seek medical attention immediately. Fortunately for injured bicyclists, the city of Tampa and the surrounding areas, as well the state of Florida, have passed favorable laws that hold negligent, careless and reckless drivers accountable for bicycle accidents.

October 22, 2014

Reduce Deaths and Increase Awareness: National Teen Driver Safety Week Awareness

by Whittel & Melton, LLC

This week is National Teen Driver Safety Week, so this is a time to bring up the real dangers teens face when behind the wheel of a motor vehicle. According to the Centers for Disease Control and Prevention, auto accidents are the leading cause of death for teens. Moreover, the National Highway Transportation Safety Administration reported that almost half of teen drivers involved in a collision are killed.

While the above statistics present a real problem in regards to teen drivers, a recent survey found that only 25 percent of parents have had a discussion with their teens stressing the importance of driving safely.

The NHTSA discusses the following rules for teens in its “5 To Drive” campaign:

No cell phones while driving
No extra passengers
No speeding
No alcohol
No driving or riding in a car without a seatbelt

The “5 to Drive” campaign was launched during Teen Driver Safety Week last year, and it addresses the five most dangerous and deadly behaviors for teen drivers. The thought behind this initiative is to help parents address these five key issues when talking with their teens about driving.

The statistics regarding teenage driver collisions are sobering. Approximately 60 percent of the teens that died in crashes in 2012 were not wearing a seatbelt and 48 percent of those killed were speeding. Teens are involved in crashes where speeding is an issue at a rate of 60 percent higher than that of adults.

As parents, it is our responsibility to set a good example for our children by always wearing our seat belts and stressing the importance of why we wear them. Seatbelts save lives. In addition, it is important to continue setting a good example by following all posted speed limits and other rules of the road.

Alcohol is another key issue in teen driver deaths. In 2012, NHTSA statistics showed that 28 percent of teen drivers between the ages of 15 and 20 who were killed in crashes had been drinking.

Another serious problem for teens is texting and driving. In 2012, a study found that cell phones distracted nearly 1 in 5 teens in distraction-related fatal crashes. Extra passengers in the vehicle also cause distraction for teens, and the risk for an accident only increases with each additional passenger. In fact, just one passenger raises a teen driver’s risk of a fatal crash by 44 percent.