Clearwater Pedestrian Accident Attorneys

July 10, 2015

Two Pedestrians Injured in Clearwater Crash

by Whittel & Melton, LLC

Two pedestrians were injured in Clearwater Thursday morning after they were struck by a vehicle.

According to Clearwater police, a man and woman were struck by a Mitsubishi Outlander SUV while walking on Gulf to Bay Boulevard and Meadow Lark Lane just after 5:30 a.m.

Officers said the pair was trying to cross Gulf to Bay when they were hit by the car. According to officials, the man was trying to get the woman out of the way when they were hit.

The woman was taken to St. Joseph’s Hospital in Tampa. The man was taken to Bayfront Health St. Petersburg.

The driver of the SUV, a 67-year-old Clearwater man, was not injured.

The crash is still currently under investigation.

Drivers must exercise reasonable care when behind the wheel of a vehicle. Failure to do so is considered negligence. The most common factors contributing to driver negligence include:

Distracted Driving
Speeding
Failing to Yield the Right of Way to Pedestrians at Crosswalks
Disobeying Traffic Signs or Signals
Failing to Signal while Turning
Disregarding Weather or Traffic conditions
Driving Under the Influence of Drugs or Alcohol

Just like drivers, a pedestrian must also exercise reasonable care for his or her own safety. Contributory negligence can be a factor in accidents if it can be found that a pedestrian failed to exercise such care and contributed to the cause of their own injuries.

The most common factors contributing to pedestrian negligence are:

Ignoring the “Walk” Signal at an Intersection
Disrupting the Flow of Traffic
Failing to Use Marked Crosswalks
Darting in Front of a Vehicle

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

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.

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.

February 2, 2015

St. Pete Boy Killed in Skateboarding Accident

by Whittel & Melton, LLC

Two teenagers skateboarding fun turned tragic Sunday when one of them was killed.

According to police, one of the 15-year-old boys got into his mother’s 2003 Mercedes sedan and drove it down Atwood Avenue N while his other 15-year-old friend held onto the right rear corner and sped along on his skateboard.

This type of skateboarding trick is called “skitching.”

Police believe the teen driving accelerated with the other boy holding on to the rear. The pair traveled only a short distance before the boy let go of the car, became unstable and fell to the ground, striking his head.

Bystanders performed CPR, and emergency medical personnel arrived at the scene. The teen was taken to Bayfront Health St. Petersburg, where he was pronounced dead at 8:37 p.m., about 2 1/2 hours after the accident happened.

The risk of injury associated with skateboarding tricks like skitching far out-weigh the thrill than can be achieved. Skitching presents a high risk of serious injury and even death to those that partake in this activity. There are numerous things that can go wrong from these types of accidents, such as being pulled under the vehicle, being hit by another car on the road or as this case shows, even just losing control and hitting pavement.

Traumatic Brain Injury
Spinal Cord Trauma
Broken Bones and Fractures
Nerve Damage
Facial Disfigurement
Death

When a child is injured due to his own negligence, there is usually no recourse or available compensation for injuries suffered. The Tampa Bay Injury Lawyers at Whittel & Melton know how devastating serious injuries to children, or worse death, can be on families and parents.

January 16, 2015

Gibsonton Man Dies in Pedestrian Accident

by Whittel & Melton, LLC

A 38-year-old Gibsonton man was killed Wednesday evening while walking along the northbound shoulder of U.S. Highway 41.

According to the Florida Highway Patrol, the man was struck by a vehicle at 6:18 p.m.

Troopers believe the man was not using an available sidewalk when he was hit by a Ford Focus driven by a woman who claims she did not see the victim.

The man was taken to Tampa General Hospital, where he later died from his injuries. The woman was not injured.

As of now, no charges have been filed.

If an innocent person is killed because of somebody else’s negligent, careless or deliberate actions, it is only fair to hold that party responsible for the victim’s death. While every case has a unique set of facts, if negligence is found to be a factor in the collision, then the family of a pedestrian accident victim may be justified in filing a wrongful death claim against the at-fault driver who caused the fatality.

It is important to note that anytime a person travels on foot near a roadway, they are assuming some amount of risk by doing so. There are several thousand pedestrians who are killed in motor vehicle collisions every year in this country, and even more are injured in pedestrian accidents each year.

One of the most common causes of tragic pedestrian accidents is distracted driving. Motorists can become distracted when behind the wheel in numerous ways, including talking on cell phones, texting, eating food and even applying makeup. The simple act of changing stations on a car radio can be enough to distract a driver to the point where they fail to take notice of a serious traffic situation directly in front of them.

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.

August 11, 2014

Man Struck by Truck and Killed in Tampa Intersection

by Whittel & Melton, LLC

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.

The 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.

June 23, 2014

Polk County Pedestrian Injury Lawyer :: Auburndale Man Hit, Killed by Polk Sheriff’s Patrol Car

by Whittel & Melton, LLC

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.

Investigators 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.