Wrongful Death

January 31, 2014

Bradenton Wrongful Death Attorney :: Manatee Day Care Facing Possible Shut Down after Infant’s Death

by Whittel & Melton, LLC

A Manatee County day care center may be forced to close its doors pending an ongoing investigation into a 4-month-old girl’s death.

The girl died at the Bradenton facility on Jan. 7 and state investigators claim there is video evidence a daycare worker did not follow proper policy when caring for the child.

A report by the Department of Children and Families reveals the baby was put on her stomach in a crib and not on her back. The facility director apparently told the Department of Children and Families the infant was fed and placed on her side in the crib as she slept.

Officials claim that a video shows the worker placing the baby in a swing and propping a bottle next to her using a blanket so she could feed herself. The video goes on to show that the baby was placed in the crib without being burped.

A 4-month-old girl was killed at a Bradenton day care facility on Jan. 7.

At 11 a.m. that morning, the child was found unresponsive by day care workers.

On the same day of the infant’s death, a teacher who initially cared for the baby tested positive for cocaine and marijuana and admitted to the recent use of marijuana, according to reports.

An emergency suspension order was issued last week by the Department of Children and Families making the day care facility’s license invalid for children 12 months or younger in the wake of its investigation.

The day care center has three other locations that will remain open as they are not a part of the ongoing investigation.

Every parent’s worst nightmare is getting a phone call saying their child has been harmed in their absence. Sadly, accidents at day care facilities can range in severity from minor injuries such as cuts and scrapes to more serious ones involving catastrophic injuries, or even worse, death. Sadly, in many cases day care negligence is to blame for these tragedies. When caregivers fail to act appropriately, you may be able to hold the negligent party accountable through a personal injury or wrongful death lawsuit.

Too many times day care negligence goes unnoticed until it is too late. When a day care facility fails to follow state and federal laws that set the standards for care, they can be held legally liable in the event of an accident.

January 23, 2014

Sarasota County Child Pedestrian Accident Attorney :: Sarasota Toddler Killed after Mom Backs Over Her

by Whittel & Melton, LLC

Unfortunately, children are not only at risk for suffering a severe injury or death when out in the roadway or travelling as a passenger in a car, truck, SUV or other vehicle. Every year, numerous children are involved in back-over accidents and are even run over at their own home. Sadly, this type of crash recently resulted in the death of a Sarasota toddler.

Last week, a Sarasota toddler was killed after officials say she was run over by a car driven by her mother in Nokomis.

Reports indicate that the 20-month-old girl was run over around 5 p.m. in the 1000 block of Tarpon Court.

Deputies claim the couple at the home had just finished repairing their Honda Passport SUV, when the mother got inside the vehicle and pulled it forward.

A Sarasota County Pedestrian Accident Lawyer at Whittel & Melton can help you through this difficult time.

The mother claims she had last seen her 20-month-old daughter playing with bubbles on the porch, but the child apparently toddled into the driveway and was run over by the vehicle.

Deputies arrived on scene with the North Port Fire Department and made an effort to resuscitate the child.

The Sarasota County Fire Department transported the toddler to Venice Regional Medical Center where she was pronounced dead.

Driveway back over accidents, while quite tragic, are especially common in toddlers and young children that are not easily spotted when close to the back of a vehicle. These types of accidents also regularly occur in suburban areas where kids are frequently found playing in the street, riding bikes and wandering in the driveways of neighboring homes. In fact, according to the Centers for Disease Control and Prevention, every week two children are killed by vehicles moving in reverse.
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January 21, 2014

Pinellas County Workplace Injury Attorney :: Construction worker falls to his death at Eckerd College

by Whittel & Melton, LLC

A 60-year-old construction worker fell to his death Thursday morning inside an Eckerd College auditorium in St. Petersburg.

The St. Petersburg Wrongful Death Attorneys are here to help you through this difficult time

The St. Petersburg Wrongful Death Attorneys can help you through this difficult time.

Police report that the Brooksville man was employed by Universal Control, a electrical contracting company, and was working on the air-conditioning system at Eckerd’s Bininger Performing Arts Building. News reports indicate that he was working on a catwalk when he fell 30 to 40 feet to his death.

December 23, 2013

St. Petersburg Injury Lawyer :: CPSC Reports ‘Tis the Season for Injuries

by Whittel & Melton, LLC

The Consumer Product Safety Commission is urging everyone to “Deck the Halls” safely this holiday season. An estimated 15,000 people will be injured this holiday season based on the number of people sent to emergency rooms across the nation last November and December. The worst of the injuries reported involved slip and falls from holiday decorating, stepping on ornaments, back injuries, ladder catastrophes and lacerations.

Hundreds of people fall off ladders every holiday season in their attempts to decorate. Ladders are supposed to be set up in a non-congested area with a 75 degree angle. Metal ladders should never be set up near electrical equipment. Sadly, ladder accidents often result in severe personal injuries or death. Last year, the CPSC reported that there were 20 injuries due to ladder accidents that resulted in a whopping $16 million in property damage.

Fires are another big problem during the holiday season. Fire departments across the country reported about 200 Christmas trees that were ignited from 2009 through 2011. These fires resulted in 70 deaths, 680 injuries and about $308 million in property damage, according to the CPSC. The number of fire-related incidents has been on the rise since 2009, resulting in about 12,000 more ER visits annually.

The CPSC urges everyone to follow these simple guidelines to prevent a holiday disaster this year:

• Discard any light sets with bare wires, broken sockets or that are damaged.

• Blow out candles when no one is in the room.

• Make sure your ladder is in good condition before using it.

• Keep your Christmas tree away from any heat sources.

• Watch out for children around the Christmas tree, as they could become injured from ornaments or sharp objects on or around the tree.

• Keep wrapping paper out of the fireplace as it can ignite suddenly and burn intensely.

Any problems with consumer products that lead to accidents or injuries should always be reported to saferproducts.gov. This is how the government tracks injuries from defective products so that recalls can be issued when enough injuries are reported.

December 17, 2013

Tampa Bay Motorcycle Accident Attorney :: Motorcycle Accident in Hillsborough County Ends in Fatality

by Whittel & Melton, LLC

A 40-year-old Kissimmee motorcyclist was killed Wednesday after a car that was turning in front of him struck him on Fletcher Avenue.

The biker was riding a 2000 Yamaha Road Star westbound around 7:30 p.m. on Fletcher Avenue when the driver of a 1998 Ford Taurus heading eastbound tried to execute a left turn onto 42nd Street and turned into the biker’s path causing the motorcycle to hit the passenger side of the car, according to the Hillsborough County Sheriff’s Office.

The Kissimmee motorcyclist was rushed to a nearby hospital where he was pronounced dead. According to police, the man was wearing a helmet.

The 27-year-old driver of the Taurus and his passenger were taken to a hospital with non-life threatening injuries, according to reports.

The investigation is ongoing. No charges have been filed at this point.

According to the National Highway Traffic Safety Administration, motorcyclists are 35 times more likely to experience a fatality when travelling on the roadway than those riding in passenger cars. Despite numerous efforts to raise awareness and safety for motorcyclists, the number of bikers killed in motor vehicle accidents increased by 2 percent from 2010 to 2011. With the number of motorcyclists on the roads steadily increasing, the sad truth is that the number of deadly accidents is also on the rise.

The majority of motorcycle accidents involve another vehicle, and most of the time it is the motorist and not the motorcyclist who is at fault. There are many things drivers can do to prevent collisions with bikers, including taking the time to check blind spots when turning or changing lanes and allowing for more space when following a biker. Moreover, drivers should limit the amount of distractions while behind the wheel, use proper traffic signals and always follow the general rules of the road.

November 12, 2013

St. Petersburg Auto Accident Lawyer :: Woman Killed in Broadside Collision in St. Petersburg

by Whittel & Melton, LLC

A 42-year-old St. Petersburg woman was killed Monday after the vehicle she was riding in was broadsided on Fourth Street N. in St. Petersburg.

According to police, the woman was a passenger in a 1992 Buick driven by her 53-year-old roommate. The crash occurred around 7 p.m.

Police claim the woman’s roommate was heading north on Fourth Street when he turned into the path of a 2003 Toyota at 54th Avenue N.

The driver of the Toyota, a 42-year-old St. Petersburg woman, struck the Buick between the wheels on the passenger side, critically injuring the woman. She was rescued from the vehicle and taken to Bayfront Medical Center, where she was pronounced dead just a short time later, according to police.

The woman’s roommate was taken to Bayfront with minor injuries. The driver of the
Toyota was treated for minor injuries at the scene of the collision.

Police are currently still investigating the accident.

Some of the most serious and deadly motor vehicle accidents in St. Petersburg and the surrounding area involve broadside crashes. A broadside car accident, also referred to as a side impact or T-bone crash, usually occurs at an intersection. These collisions can happen at a busy St. Pete intersection, in a residential neighborhood or on any of St. Petersburg’s heavily travelled roads.

Next to head-on collisions, broadside collisions are the second most deadly kind of auto accident. Broadside impacts usually lead to severe injuries to the drivers and passengers involved in a crash. Drivers and passengers often suffer from brain injuries, spinal fractures, broken bones and head and neck injuries. These accidents have a high percentage of injuries and fatalities due to the fact that the sides of most vehicles do not offer the same protection as the front and rear do, even though most newer cars are equipped with side impact airbags. T-bone collisions also typically occur at high speeds, usually when someone runs a stop light or a red light at an intersection.

November 11, 2013

Tampa Bay Wrongful Death Lawyer :: Clearwater Man Killed in Oldsmar Collision

by Whittel & Melton, LLC

A three-vehicle collision in Oldsmar Wednesday afternoon took the life of an 81-year-old man.

The accident occurred around 2:47 p.m. at the intersection of Tampa Road and St. Petersburg Drive.

According to Pinellas County sheriff’s deputies, the Clearwater man’s wife, 65, was driving a 2005 Cadillac DeVille west on Tampa Road and went to make a left turn onto St. Petersburg Drive when her car was struck on the passenger side by two vehicles — a Jeep Liberty driven by a 32-year-old woman and a Ford Fusion driven by a 31-year-old man.

The deceased was trapped in the debris for about a half-hour before firefighters from Oldsmar Fire Rescue extracted him from the wreckage, according to reports. He was flown by helicopter to St. Joseph’s Hospital, where he was pronounced dead at 4:17 p.m.

The man’s wife was taken to St. Joseph’s with injuries that were not considered life threatening.

The other drivers involved in the pileup were not harmed.

The crash remains under investigation.

Any type of motor vehicle accident can lead to serious injuries to all parties involved. However, when multiple vehicles are involved in a crash, injuries are often compounded. Multi-vehicle accidents can result in catastrophic injuries including head, brain, neck and spinal cord trauma. Sadly, these types of collisions often end in fatality.

September 30, 2013

St. Petersburg DUI Accident Attorney :: St. Pete Teen Charged with DWI Manslaughter in Double-Fatal Parrish Collision

by Whittel & Melton, LLC

A St. Petersburg teen was recently arrested on charges of DWI manslaughter in connection to a crash that killed a Winter Haven couple in Parrish last year.

The 18-year-old was arrested in early September after the State Attorney’s Office filed charges against her, according to the arrest report.

She has been charged with two counts of DWI manslaughter and two counts of DWI causing personal injury to passengers in her vehicle.

She was being held at the Manatee County jail with bail set at $16,000.

On Jan. 8, 2012 at 8:25 p.m. the then 17-year-old teen was driving her 2005 Toyota Prius westbound on State Road 62 when she reportedly ran off the road, over-corrected and re-entered the roadway, hitting a motorcycle carrying the Winter Haven couple.

The couple was ejected from the motorcycle onto the shoulder of the road.

The 61-year-old man and 55-year-old woman were pronounced dead at the scene.

The teen suffered serious injuries in the collision. When her Prius came to a stop, the car’s front end caught fire.

She was taken to Manatee Memorial Hospital following the crash. Her blood alcohol level was determined to be .146, according to police.

The Florida Highway Patrol performed a homicide traffic investigation and recommended charges to the State Attorney’s Office. Charges were filed against the teen on Aug. 21 and a warrant was issued for her arrest.

More than 43,000 people are killed annually in car accidents across the United States, according to the National Highway Traffic Safety Administration. Nearly 40 percent of these fatal crashes are alcohol-related. According to the Centers for Disease Control and Prevention, 32 people are killed every day in the U.S. in automobile accidents involving a drunk driver. This translates to one death every 45 minutes.

September 5, 2013

Tampa Bay Injury Attorney :: Driver responsible for Clearwater Hit-and-Run Crash Turns Himself In

by Whittel & Melton, LLC

A 29-year-old man responsible for a hit-and-run collision in Clearwater that killed a man and severely injured a woman has turned himself in, according to Clearwater Police.

The man apparently told police he blacked out and cannot remember hitting the man and woman on Monday morning on the Memorial Causeway. However, he noticed his car was damaged and saw a news report on the accident, which triggered him to go to police.

Police claim that a camera on Clearwater Beach captured the man’s green Nissan pick-up truck leaving the area Monday morning. Minutes before the camera photographed the man’s truck, the camera picked up the man and woman in the same area on their tandem bike.

The pair on the bike suffered severe injuries. The man eventually died from his injuries and the woman remains in critical condition.

The responsible driver, who works at a Clearwater Beach hotel, told officials that he was at work and then got off and that is all he remembers. He claims he woke up later, took a shower and then saw the incident on the news.

According to police, a tipster called Crime Stoppers with information about the driver. Additionally, an unnamed individual apparently pointed the man out to a police officer at the beach.

Police found the man’s truck behind his mother’s Dunedin mobile home Tuesday afternoon. Police claim there was damage to the truck’s front end and the windshield was missing.

It is not clear at this time whether alcohol played a role in the collision.

The man is now facing one count of leaving the scene of an accident involving death and one count of leaving the scene of an accident involving severe injury.

Records show that he has previously been arrested for disorderly intoxication and racing on a highway.

In addition to the criminal penalties this man is now facing, the surviving victim and the other victim’s family could potentially seek civil damages against the at-fault driver. Civil penalties can be sought through what is known as a personal injury or wrongful death claim. A personal injury or wrongful death lawsuit allows individuals and/or their families to recover financial compensation and an overall sense of closure following an unexpected and traumatic accident.

August 15, 2013

Tampa Bay Injury Lawyer :: Bicyclist Killed in Collision with Pickup Truck in Plant City

by Whittel & Melton, LLC

A 22-year-old man was killed Tuesday morning after a pickup truck struck him as he tried to bike across a road, according to authorities.

The Plant City man was apparently improperly crossing the southbound lane of N Park Road around 11:15 a.m. when he was hit by a 2011 Chevrolet Silverado driven by a 67-year-old Lakeland man, according to Plant City police.

The bicyclist died at the scene. The driver of the pickup truck was not harmed.

Police confirmed that no charges would be filed against the driver.

Bicycle riding has become increasing popular over the years, both for transportation and recreation. Due to the fact that biking is much more common nowadays, the number of collisions between cars and bikes has also increased. Unfortunately, anytime there is an accident between a bike and a car, it is often the biker that suffers severe injuries or possibly death. For this reason alone, it is extremely important for all bike riders to follow the traffic laws and always be on the lookout for possible hazards, including inattentive drivers or other obstacles in the roadway. However, even the most vigilant biker is still at risk on the roads of Tampa because drivers do not always pay attention to people on bicycles.

Bicyclists must follow the same rules of the road as automobile drivers. Bikers are required to ride in the same direction as traffic and stay off of the sidewalk. However, it is not uncommon to see cyclists riding against traffic or on a sidewalk. Cyclists must stop at all traffic signs and signals and observe traffic laws. Additionally, bicyclists must display lights and reflectors while riding at night. When bikers fail to follow the rules of the road, tragic accidents can occur.