Wrongful Death

February 2, 2024

News: Fiery plane crash in Clearwater claims 3 lives

by Whittel & Melton, LLC

CLEARWATER, FL – Two people and a pilot lost their lives after a small plane crashed into a mobile home park complex, leading the plane to catch fire Thursday.

Several fire responders arrived at the scene — which happened near U.S. Highway 19 — before 7:30 p.m., according to WTSP. The two people who lost their lives were inside the mobile home, along with several others, at the time of the collision. It is not exactly clear what led the pilot to crash into the home. This home, along with three others, were destroyed.

One person from the mobile home was injured but declined medical treatment.

January 5, 2024

News: Female pedestrian, 70, loses life in St. Pete hit-and-run

by Whittel & Melton, LLC

ST. PETERSBURG, FL – A 70-year-old woman passed away Wednesday after she was struck at an intersection in the Deniston Heights neighborhood by a vehicle whose driver fled the scene.

The fatal collision happened after 6:30 p.m. at the 22nd Avenue North and 41st Street intersection, FOX 13 News reported. St. Petersburg Police said the victim was 70-year-old Karen Moorefield, who had dementia and was reported missing by her family less than an hour before. Though witnesses were performing CPR on her when police arrived, Moorefield succumbed to her wounds at the scene.

Police are searching for the suspect, whom they believe was driving a 2013-2016 Cadillac SRX SUV, which sustained front-end damage in the crash.

December 28, 2023

News: Collision in Gandy claims 58-year-old man’s life

by Whittel & Melton, LLC

ST. PETERSBURG, FL – A 58-year-old man had died, and a 23-year-old woman from Seminole was transported to a hospital after a crash in the Gandy area Wednesday.

This collision happened on the eastbound lanes of Gandy Boulevard adjacent to San Fernando Boulevard, according to WTSP.

Officials said the events of this crash unfolded when the 58-year-old man walked across Gandy and was struck by the woman from Seminole, operating a Nissan.

December 27, 2023

U-turn collision in Hillsborough Co. claims life of 17-year-old teen

by Whittel & Melton, LLC

HILLSBOROUGH COUNTY, FL – A 44-year-old man operating a Chevy Equinox made a U-turn and collided with a teenage driver’s vehicle, leading the 17-year-old to die from his injuries Sunday.

This collision happened before 2 a.m. on U.S. 41 near Villemarie Road, WFLA said. Florida Highway Patrol said the 44-year-old man was going south while the teenage motorist was going north.

The teenager attempted to avoid the collision by pursuing “evasive action.” However, the attempt did not work, and his vehicle went into the grassy median, rotated, and the 17-year-old crashed into a ditch, resulting in his automobile rolling over numerous times before he struck many stationary vehicles at a car dealership.

December 11, 2023

News: Hit-and-run crash in Tampa claims life of 86-year-old man

by Whittel & Melton, LLC

TAMPA, FL – An 86-year-old man walking his bicycle on U.S. Highway 41 passed away after he was struck by an SUV driver who fled the scene Saturday.

This collision happened before 6:45 p.m. south of Honeycrisp Court, according to ABC Action News. The man was pronounced dead at the scene.

Officials did not describe the suspect’s SUV or reveal their appearance.

October 25, 2023

News: Speeding hit-and-run driver fatally hits cyclist in East Tampa

by Whittel & Melton, LLC

EAST TAMPA, FL – A person was said to have driven at a high rate when they fatally struck a cyclist before fleeing the scene after 8:15 p.m. Tuesday.

FOX 13 News said this collision happened adjacent to East 21st Avenue and North 19th Avenue. Home security footage revealed that upon getting hit, the bicycle came up in the air, and the cyclist landed on top of his bike. The hit-and-run suspect was said to have driven a light blue, gray, or possibly silver sedan before fleeing away.

The cyclist succumbed to fatal injuries at the scene.

July 10, 2023

News: 1 killed in wrong-way crash in Venice

by Whittel & Melton, LLC

VENICE, FL – A driver traveled the wrong way on Englewood Road, causing the motorist to strike two other cars head-on, leading one to suffer fatal injuries.

This collision occurred adjacent to Whispering Pines Circle before 9 p.m. Saturday, according to WFLA.

Officials have not indicated if anyone else was hurt. They did, however, reveal they shut down southbound Englewood Road in order to clear the crash and for investigation.

August 21, 2020

Plant City Man Facing Vehicular Homicide Charges in Fatal Racing Crash | Tampa Bay Wrongful Death Attorneys Whittel & Melton

by Whittel & Melton, LLC

The Florida Highway Patrol has confirmed that a Plant City man has been arrested on a vehicular homicide charge after a fatal crash Monday night.

The 18-year-old Plant City man was apparently racing another driver when the accident happened on State Road 60 near Cassels Road.

Reports indicate that the man was driving a yellow 2018 Ford Mustang around 10:25 p.m. when he smashed into a black 2015 Mercedes-Benz C250 which was driven by a 33-year-old man of North Lauderdale.

An arrested report shows that the two were racing when the driver of the Merceded was killed.

Both men were driving their cars east on the four lane highway when they began racing. The driver of the Mustang was speeding and changing lanes, and almost struck a third vehicle, according to reports.

This is when he lost control of his car and barrelled into the Mercedes, causing both cars to be pushed onto the south shoulder. The Mustang hit an embankment, and ultimately flipped onto its roof. The Mercedes rolled until it stopped in the south shoulder. The man was killed upon impact, according to reports.

The driver of the Mustang suffered serious injuries. He was arrested on Tuesday at Brandon Regional Hospital. An hour later he was booked into jail. Records show that at the time of the fatal collision he was out on pretrial release for being arrested on a DUI charge in June.

Street racing is very dangerous and can ultimately result in death, as this case shows. While the driver that caused the accident is now facing criminal charges, it is important to point out that the family of the deceased victim can also file a wrongful death suit against the at-fault driver. A wrongful death lawsuit is different from a criminal suit as it allows the victim’s loved ones to seek financial compensation for their loss. Our Tampa Bay Wrongful Death Attorneys at Whittel & Melton are here to help those who have lost their loved ones pursue just compensation for the pain and suffering they have endured.

In order to be successful in a wrongful death civil suit, it must be demonstrated that the at-fault person’s negligence caused the other person’s death. For this case purposes, drivers must follow the rules of the road. When they do not, this is a violation of the law, which points to negligence.

Even in cases where the deceased is found to be partially at fault for the accident that caused their death, surviving family members may still be able to recover compensation as long as the other person is found to be more at fault. When this happens, the person’s fault will be deducted from the total amount of the financial award.

Wrongful death damages can include loss of consortium (loss of benefits from the deceased), loss of future income, loss of companionship, funeral and burial expenses, and pain and suffering.

Our Tampa Bay Wrongful Death Attorneys at Whittel & Melton can help you understand your legal rights following the death of a loved one from an accident that was not their fault. We can explain how these cases work and advise you on the best way to proceed. We do like to remind family members and loved ones that the time to act is now. Wrongful death cases do have a limited time frame placed on them, called a statute of limitations. In the state of Florida, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. Once the statute of limitations expires, you will not be able to recover financial damages from the at-fault party.

February 11, 2020

Construction Worker Injured After Incident at Midtown Tampa

by Whittel & Melton, LLC

A construction worker was taken to the hospital Monday afternoon after an incident at Midtown Tampa.

Officials say the worker’s boom lift hit a power line at the construction site at 3725 W Grace Street at 12:05 p.m.

The boom was still in the raised position with the worker in the bucket and fire crews had to wait until the lines were de-energized to ensure their safety before approaching the person.

TECO came to the site and secured power to the power lines and workers on site were able to lower the lift to ground level at 1:05 p.m. Paramedics then assisted the patient off of the lift and into a rescue car where he was transported to a local hospital.

The extent of his injuries are unknown at this time.

When it comes to the construction industry, sometimes production is placed above employee safety. Aerial lift accidents involving bucket trucks, cherry pickers, scissor lifts, man lifts, boom lifts and cranes are one of the leading causes of death and injury on large construction sites. Falls, tip-overs, collapses, as well as electrocutions contribute to hundreds of these aerial lift accident injuries and deaths each year across the U.S.

The number of people who suffer catastrophic injuries and wrongful deaths after falling from scissor lifts, boom lifts, and aerial work platforms is quite high. These accidents usually involve heights in excess of six feet, and often occur in the construction industry where these types of lifts are commonly used.

A major cause of aerial lift accidents is lack of training. Sadly, when an aerial lift accident does occur, it often results in serious or deadly injuries. Without proper training, the dangers of operating an aerial lift only increase. Lack of training combined with a lack of inspection and negligent maintenance on the employer, rental company or manufacturer’s part, the risk of danger only rises.

Aerial and boom lift accidents causing serious injury or death often involve electrocutions, falls, collapses and tip overs, and being caught in between or struck by another object. Boom lifts account for around 70% of aerial lift death cases. Aerial lift accidents from the boom lifts can lead to workers being ejected from the bucket after being struck by another object while not wearing a harness to prevent falling. Other aerial lift accidents can happen when the aerial lift, scissor lift, man lift, cherry picker, or boom lift collapses and trips over. This usually happens as a result of mechanical failure with the lift or overloading the aerial lift.

When the brakes, outriggers, wheel chocks and locks on an aerial lift fail, the result can be a tip-over, or an immediate collapse of the lift which will send the operator falling upwards of 20 feet. Besides electrocutions, falls from tip overs are the number one cause of aerial lift accidents. Undecking is another common cause of aerial lift accidents. This happens when the bolts fastening the turret wear out, are defective, break and fail resulting in a collapse of the entire aerial lift. This often leads to ejections, resulting in severe injuries or death.

It is estimated that 250,000 construction workers use aerial lifts like cherry pickers, boom lifts, and bucket trucks each year, placing them at risk for falls, electrocution and a slew of other possible injuries. In order to prevent accidents while working on aerial lift equipment, it is important that employers stay vigilant in making sure their safety policies and procedures are up to date and strictly followed.

If you or a loved one has suffered a severe and debilitating injury caused in an aerial lift accident, our Tampa Bay Construction Defect Injury Attorneys at Whittel & Melton are here to help you and your family get the financial compensation you may be entitled to. In many construction injury cases, we have successfully recovered damages for our clients, including lost wages, medical expenses, funeral costs, disfigurement, and even monetary compensation for pain and disability. We are happy to review the facts of your case for free, and advise you of the legal options available to you and your family for pursuing financial compensation.

January 30, 2020

Bond Set At $150K for Driver Charged With DUI in Deadly, Wrong-Way Crash at TPA

by Whittel & Melton, LLC

A 30-year-old driver accused of killing two people in a wrong-way crash on Sunday at Tampa International Airport made his first court appearance Monday morning.

A judge set the man’s bond at $150,000. He faces two charges of DUI manslaughter and two charges of vehicular homicide.

The man was allegedly intoxicated as he was trying to get on to the interstate going the wrong way when he hit another car head on early Sunday, according to the Tampa Police Department.

Police are looking into a potential traffic camera video that may help investigators determine how or why the man was allegedly driving the wrong way, trying to exit the Tampa International Airport on an entrance ramp.

Two men in the car the man hit died at the scene.

According to reports, police tested the man’s breath four times following his arrest. He apparently blew just over the legal limit of point .08 twice, and just below the legal limit twice.

A blood draw was also taken, but results from that are not back.

Each charge the man faces carries a maximum 15 years in prison.

If the man posts bond, he will not be allowed to drink and he will have to wear a scram monitor that can detect alcohol in his system, according to reports.

Each year in the U.S., there are nearly 360 fatalities from wrong-way driving on highways, according to the National Transportation Safety Board. While 360 deaths might not seem like a lot, the seriousness of wrong-way collisions should not be discounted because while they are less frequent than other types of crashes, a wrong-way crash is 12-27 times more likely to be fatal, and often involve more than one fatality.

What is wrong-way driving? Wrong-way driving refers to vehicles traveling against traffic on a highway. This usually occurs when a driver enters the highway via an exit ramp rather than the entrance ramp.

How do wrong-way driving crashes happen? Wrong-way driving occurs most often when a motorist is under the influence of alcohol or drugs and fails to notice “Do Not Enter” signs and other safety precautions. According to a National Transportation Safety Board (NTSB) study, the majority of wrong-way drivers are under the influence of drugs or alcohol. Even more shocking is that 59% have a blood-alcohol content (BAC) of 0.15 or more. Sadly, Florida has one of the highest rates of drunk driving crashes in the country, which leads to more wrong-way deaths.

Sarasota is the top city in the state of Florida most at risk for DUI deaths. Sarasota averages 12.2 DUI deaths per 100,000 residents. St. Petersburg averages 4.63 DUI deaths per 100,000 residents. Tampa averages 3.77 DUI deaths per 100,000 residents. All of these cities are well above the national average.

Other factors involved in wrong-way driving crashes include alcohol, drugs, fatigue, inattention, and driving late at night. Age can also play a role – the NTSB reports that drivers over the age of 70 are more likely to cause wrong-way crashes than right-way crashes.

While some wrong-way driving accidents happen on highway entrance ramps, the most serious and deadly wrong-way crashes occur on the highway at high speeds. Due to the fact that many wrong-way drivers are drunk or impaired, they are not only going the wrong way, but they are also likely to be driving recklessly, and may hit vehicles that are trying to avoid them.