Articles Posted in Wrongful Death

by

A Tampa high school teacher was arrested on Sunday for driving the wrong way near I-75, according to troopers.

Reports indicate that the Florida Highway Patrol received a call around 3:50 a.m. regarding a wrong-way driver on State Road 618 near 22nd Street.

Troopers were told a gold 2001 Saturn was traveling eastbound in the westbound lanes and would eventually turn southbound in the northbound lanes of I-75. A trooper arrested the 24-year-old teacher as he exited at the northbound Gibsonton Drive entrance ramp.

14506627582_fea1a0f30d_mThe social studies teacher was charged with driving under the influence and driving the wrong way on a limited access roadway.

The man allegedly refused to provide a breath test, but the trooper claims he had bloodshot eyes and smelled of alcohol.

This year alone has shown an outbreak of wrong-way driving on the interstates in the Tampa Bay area. Fortunately, some of these wrong-way drivers have been stopped by local police before a tragic collision occurred, as this case shows, limiting the effects of wrong-way drivers. However, unfortunately, there have been five serious wrong-way crashes on the interstates in the Tampa Bay area this year, resulting in 11 deaths and numerous injuries.

Many drivers are the victims of wrong-way accidents in the Tampa Bay area every year. Those injured or those who have had loved ones taken from them may be left with the financial burden of medical expenses and lost wages to handle on top of the pain and suffering they must go through while working towards recovery. These victims are not without relief, though, as the laws in Florida give accident victims and immediate family members the right to bring a personal injury or wrongful death claim for their damages against negligent motorists who caused a car accident.

Continue reading

by

A wrong-way driver and her two passengers were killed in a head-on collision with a gasoline tanker truck on Interstate 275 just south of Bearss Avenue early Sunday.

This is the fourth fatal wrong-way crash on I-275 in Tampa this year that has happened just before sunrise.

The Florida Highway Patrol believes a 2013 Honda sedan was traveling south in the inside lane of northbound I-275 when it crashed into a Gemini Motor Transport tanker that was headed north. Both vehicles came to a halt in the northbound lanes.

SONY DSCThe car’s driver, along with another woman in the front passenger seat and a man sitting in the back, all died at the scene.

There is no information regarding when, where or why the women entered the interstate heading in the wrong direction at this time.

The driver of the tanker, a 50-year-old Lakeland man, was not injured. No fuel was spilled, however the crash created a lot of debris.

This is not the first wrong-way collision on I-275 in Tampa in the last seven months.

On Feb. 9, a 28-year-old man driving south in the northbound lanes of I-275 collided near Busch Boulevard with a 2010 Hyundai carrying four University of South Florida fraternity brothers. All five men were killed.

Less than two weeks later, a 25-year-old drove a Honda Civic north on the southbound side of I-275 and smashed into a rental truck near Bearss Avenue. The man was killed and the two men in the truck suffered personal injuries.

Last month, a 23-year-old man was killed after he crashed into an ambulance after entering I-275 from I-4 going north in the southbound span.

According to the FHP, most of these wrong-way accidents involved drivers making U-turns on the highway. Impairment was at least suspected in the previous wrong-way crashes. Troopers said it is too early to tell whether it was a factor in this crash.

In an effort to combat this serious problem, officials with the Florida Department of are taking steps to better protect motorists against wrong-way drivers. Message boards warn motorists once a 911 call has been made. The agency is also testing interstate sensors that would automatically notify the FDOT of a wrong-way driver even before that first 911 call.

Wrong way collisions are usually very serious due to the fact that two vehicles traveling at moderate to high speeds generally do not have enough time to break or take any other evasive action to avoid a head-on collision. A crash of this magnitude creates significant impact forces into the occupant compartments of both vehicles. Sadly, catastrophic injuries and death are quite often the result of wrong way accidents.

One of the most common causes of wrong way collisions is drivers operating their vehicles under the influence of either drugs or alcohol. While this is certainly not the only reason these accidents occur, it is usually a factor.

Continue reading

by

A man was killed early Monday after he walked into the path of an oncoming pickup truck in Tampa, according to the Florida Highway Patrol.

The man was struck along 50th Street just north of Palm River Road at 4:27 a.m.

Troopers believe a 54-year-old Ruskin man was driving his Ford F-150 pickup northbound on 50th Street when the man attempted to cross the street.

13986844278_cfb0d656c7_mThe man died at the scene. The driver of the F-150 was not harmed.

Parts of Palm River Road and 50th Street were closed Monday morning while authorities investigated the crash site.

Intersections can create dangerous conditions for pedestrians, bicyclists and other motorists. Even though there are guidelines that detail how to proceed at intersections as well as who has the right of way, it is common for these rules to be ignored. In many cases, negligent driving practices such as speeding, drunk driving or distracted driving create life-threatening situations when cars and pedestrians enter an intersection at the same time.

The most common intersection accidents entail:

– Running a stop sign or a red light

– Making a right or left turn without checking to make sure the intersection is clear of other vehicles or pedestrians

– Failing to adhere to stop signs or traffic lights

When pedestrians are involved in intersection collisions, the potential for serious injury is increased due to the fact that they lack the protection that a vehicle provides for drivers and passengers. Unfortunately, many drivers do not always keep an eye out for pedestrians in the roadway that are entering an intersection with them, and they often fail to yield the right of way. Intersection car accident claims are usually highly complex. Insurance companies often use this to their advantage and will try and reduce your financial compensation.

Continue reading

by

An adult and an infant were killed and two children were critically injured after a minivan travelling on Interstate 4 exited the roadway and crashed.

A 2008 Hyundai Entourage was heading west on the highway, west of County Road 579, around 1:10 a.m. when it left the road, according to the Florida Highway Patrol.

9344461495_737538082e_mThe van crossed a concrete culvert, rode up a grass embankment and crashed through a chain link fence. The Florida Highway Patrol claims the vehicle flipped several times before stopping on its left side in the parking lot of Camping World of Tampa.

The driver, a 29-year-old Wesley Chapel man, suffered only minor injuries. However, the right-front passenger, a 30-year-old adult from Tampa, was ejected from the van and died at the scene. A 5-month-old infant was taken to a hospital and died a short time later.

Two children, ages 7 and 9, were taken to Tampa General Hospital in critical condition.

Another female passenger was taken to the hospital with minor injuries.

Investigators are still looking into the cause of the crash. Witnesses to the accident are asked to contact the FHP at 813-631-4020.

Losing someone you love unexpectedly in a car accident is devastating. The grieving process can be an extremely difficult time period, and on top of that, you must deal with securing the financial future of your family. It is critical to speak to an auto accident attorney who can take care of all matters related to your loss, so that you can focus on taking care of yourself and your family’s wellbeing. A Tampa Bay Auto Accident Lawyer at Whittel & Melton can help you recover financial compensation for medical expenses, lost wages that your loved one would have earned, pain and suffering and all other damages related to the collision.

Continue reading

by

A 9-year-old girl that was critically injured Sunday when a plane hit her and her father during a beach landing near Venice Beach has died.

The girl died of critical injuries suffered when a plane hit her and her father on Caspersen Beach, according to the Sarasota County Sheriff’s Office.

She was transported to All Children’s Hospital in St. Petersburg immediately following the crash.

Her 36-year-old father was killed Sunday in the crash.

According to officials, the 57-year-old pilot of the 1972 Piper Cherokee reported that the plane was in distress around 2:45 p.m. and could not make it back to the airport. He attempted to land the plane on the beach.

4759589202_d1ff280eb6_mThe pilot and his 60-year-old passenger were not injured.

The Federal Aviation Administration and National Transportation Safety Board are investigating the crash.

Airplane crashes are rarely heard about in the news, but when they do occur they often cause catastrophic injuries to passengers, and in many cases death. If you have lost a loved one in an airplane crash that was caused by the negligent actions of the pilot, airline employees, the airplane manufacturers, air traffic controllers or even weather service operators, a Tampa Bay Wrongful Death Lawyer can assist you in filing a wrongful death claim and pursue financial compensation from all parties who were responsible.

Continue reading

by

A 4-year-old boy was mauled Saturday night by two pit bulls that had been crated at his uncle’s house in Riverview.

Authorities are still trying to determine how the attack occurred.

According to the Hillsborough County Sheriff’s Office, two deputies were conducting a traffic stop near the home when they heard a child’s screams.

3638262109_92c2ebb55c_mThey ran to the scene and found the child in the front yard with the pit bulls standing over home. The child was pronounced dead at the scene around 10:30 p.m.

Investigators claim that the boy and his mother had walked from their home to their aunt and uncle’s residence.

The uncle had crated the two dogs before their arrival.

The boy was apparently eating ice cream in the living room of the house while the adults were in the master bedroom talking.

When they heard the screams, they realized the boy was not in the house. The deputies arrived moments later.

Animal Services responded to the home and took possession of the dogs. According to authorities, this was the first call to the home for a problem with the dogs.

No charges have been filed, but authorities are still investigating.

Animal attacks are actually more common than you may realize. The American Humane Association estimates that 4.7 million dog bites happen in the U.S. every year, with nearly 800,000 of them requiring medical care.  Sadly, most dog attacks involve young children.

Nearly half of all dog bites involve children under the age 12, and more than 80 percent of dog bites are treated in hospital emergency rooms and involve children under age 15.

The ASPCA predicts that half of all children in the United States will be bitten by a dog before they turn 12. Most of these bites will be from the family dog or the dog of a neighbor or friend.

If you or your child has been injured in an animal attack, it is important to speak with an attorney as soon as possible to protect your rights. A Tampa Bay Wrongful Death Lawyer will conduct a thorough investigation into the attack, collect any evidence and deal with the responsible parties directly. We can handle the insurance companies involved with the claim so that you can focus on the grieving process and moving forward from this difficult time.

Continue reading

by

According to the United States Consumer Product Safety Commission, 11,400 fireworks injuries were treated in hospital emergency rooms during the month surrounding July 4th last year. A good amount of these injuries were reportedly from people misusing fireworks. The most common injuries happened from lighting fireworks too close to someone, lighting fireworks incorrectly and playing with lit or used fireworks.

Fireworks normally undergo arduous testing before they are sold to the American public, according to the National Council on Fireworks Safety. However, this does not mean that fireworks cannot be defective. Most fireworks-related injuries are not from defective products, though. Rather, most of these accidents are entirely preventable, and occur due to misusing these explosive devices.

fireworks betchFireworks can be fun, but it is also very important to use them safely. Follow these guidelines to decrease your chance of experiencing a fireworks-related accident:

  • Adhere to all fireworks laws in your area and avoid behaving recklessly. In Florida, consumer fireworks are illegal. Nonetheless, state lawmakers passed an exception to this rule allowing fireworks to be purchased by farms and fish hatcheries. In order for vendors to sell fireworks to the general public, all they have to do is have buyers sign forms saying they are actually purchasing under an agricultural exemption.
  • Follow all instructions on the label and do not try and alter the firework in any way.
  • If children are going to be around, always have adult supervision and never allow a small child to handle fireworks.
  • Have a source of water handy in case something goes wrong.
  • Alcohol and fireworks should not be combined. If you are going to be drinking, leave the fireworks displays to the professionals.
  • Ignite fireworks in a clear outdoor space. Check and make sure the area is not conducive to fires.
  • Soak all used fireworks with water before throwing them away.

Continue reading

by

A 56-year-old man was killed early Friday morning in Auburndale after he was struck by a Polk County Sheriff’s patrol car, deputies said.

The crash occurred at 6 a.m. at the intersection of 42nd Street and Havendale Boulevard.

According to investigators, a 21-year-old deputy had just completed his shift and was driving home in the eastbound lanes of Havendale Boulevard in his patrol car. As he approached the intersection of 42nd Street, the 56-year-old man apparently stepped into the path of his patrol car.

The man died at the scene from his injuries.

Kansas_state_trooperInvestigators claim that the preliminary information shows that the traffic light was green and that the deputy had the right of way.

Officials believe the deceased had a history of routinely wandering into parking lots and onto Havendale Boulevard to ask drivers for money. Earlier this month, deputies said they received two separate reports of the man walking into traffic at Havendale and 42nd Street, once at 11 a.m. and another at 5 p.m.

The Polk County Sheriff’s Office Traffic Homicide Unit will conduct the initial investigation into the crash. Following this, their findings will be reviewed by the PCSO Administrative Investigation’s Section. The State Attorney’s Office will also review any reports.

The deputy has been placed on paid administrative leave pending the outcome of the investigation.

The intersection was closed briefly while deputies investigated the scene. The intersection reopened just after 11 a.m.

No additional details have been released.

Government officials, just like all other people, are very capable of making mistakes. With that said, the law does in fact recognize that government officials can sometimes be liable for accidents, and allows the accident victim to recover just the same as if the accident involved a private citizen. For this case, the fact that the driver was a police officer should not decrease the accident victim family’s chances of obtaining a full recovery for the death of their loved one should the accident have been caused by the officer’s negligence or carelessness.

When an accident is caused by a government employee, the accident victim or the accident victim’s family may be able to hold the city, state, or local government office responsible for their injuries or loss. For the most part, government officials have immunity from personal injury or wrongful death suits. But, if it is found that the official acted negligently or recklessly and harmed another human being, that immunity is waived.

Continue reading

by

A 20-year-old dancer with the Sarasota Ballet died in a bicycling accident on Wednesday after he collided with a delivery truck, according to reports.

The dancer, from Brazil, was transported to Blake Medical Center in Bradenton where he died from his injuries Wednesday evening.

The accident occurred in the 5400 block of North Tamiami Trail in Sarasota around 2 p.m.

bicyclistAccording to Sarasota Police, the delivery truck, driven by a 58-year-old Tampa man, was making a right turn onto a service entrance road leading into the Ringling Museum.

Police believe the delivery truck pulled in front of the dancer as he was approaching the road. Reports indicate that the driver may have failed to see the man or the bicycle.

The man’s bicycle hit the side of the delivery truck, causing significant injuries.

The driver of the delivery truck has been charged with violation of right-of-way to a bicyclist.

The accident is currently still under investigation.

Bicycle riders suffer an astounding number of serious injuries and fatalities  every year in accidents involving motor vehicles. Many of these accidents are the fault of the motor vehicle drivers. In 2012 alone, the National Highway Traffic Safety Administration noted that 49,000 bicyclists were injured in traffic accidents in the United States and another 726 were killed.

As many bicyclists are aware, drivers of cars, trucks and SUVs can easily fail to notice cyclists, and many choose to ignore their rights. When motorists do not pay attention to their surroundings, they can make moves that threaten the lives of bicycle riders and others sharing the roadways. Bike riders can suffer severe injuries or even death when motorists fail to check their blind spot before changing lanes, execute right turns directly in front of bikers, sideswipe cyclists travelling on the shoulder, drive under the influence of alcohol or drugs, open car doors in front of them, fail to stop at stop signs or even back out from driveways without looking. Even worse, many motor vehicle drivers do not respect the fact that Florida laws protect bicyclists and award them the same rights to use the streets as motorists.

Continue reading

by

A recent study shows that the Tampa Bay area, including St. Petersburg and Clearwater, is one of the most dangerous cities for pedestrians. In fact, Tampa took second place in the top 10 deadliest metro areas for walkers.

The new report from the National Complete Streets Coalition, Dangerous By Design 2014, used a Pedestrian Danger Index to rank the deadliest places to walk in America. Florida is home to the top four cities.

Top 10 Deadliest Cities for Pedestrians:

  1. Orlando-Kissimmee, Florida
  2. Tampa-St. Petersburg-Clearwater, Florida
  3. Jacksonville, Florida
  4. Miami-Fort Lauderdale-Pompano Beach, Florida
  5. Memphis, Tennessee-Arkansas-Mississippi
  6. Birmingham-Hoover, Alabama
  7. Houston-Sugar Land-Baytown, Texas
  8. Atlanta-Sandy Springs-Marietta, Georgia
  9. Phoenix-Mesa-Scottsdale, Arizona
  10. Charlotte-Gastonia-Concord, North Carolina-South Carolina

And here are the 10 safest metros for pedestrians:

  1. Boston-Cambridge-Quincy, Massachussetts-New Hampshire
  2. Pittsburgh, Pennsylvania
  3. Seattle-Tacoma-Bellevue, Washington
  4. New York-Northern New Jersey-Long Island, New York-New Jersey, Pennsylvania
  5. San Francisco-Oakland-Fremont, California
  6. Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin
  7. Portland-Vancouver-Beaverton, Oregon-Washington
  8. Chicago-Naperville-Joliet, Illinois-Indiana-Wisconsin
  9. Rochester, New York
  10. Cleveland-Elyria-Mentor, Ohio

You can view the full list here.

pedestrians flThe study looked at people who walk to work as well as respective cities’ fatality numbers. Through this research it was found that 47,025 pedestrians died as a result of car crashes between 2003 and 2012. Another 676,000 were injured in pedestrian-related accidents.

Pedestrian accidents are most likely to occur in the following settings:

  • Urban Areas
  • Nighttime
  • Clear Weather
  • Non-intersections

If you are going to be travelling on foot in Tampa or anywhere else in Florida or across the U.S., please follow the below tips:

  • Always use crosswalks and sidewalks when they are available for use.
  • Watch out for things going on around you. Just because you are on a sidewalk does not mean you are in the clear. Pedestrians are often overlooked by passing cars, so keep your eyes open and stay alert.
  • Never assume that a driver can see you.
  • Do not walk near freeways, restricted-access highways or other dangerous roadways where signs indicate that pedestrians are prohibited.
  • Avoid distractions while you are walking, such as texting, playing video games, talking on the phone and other disruptions.
  • Do not walk near traffic while under the influence of alcohol or drugs.

Continue reading

Contact Information