Pedestrian Accidents

January 13, 2020

Drunk Driver Kills Tampa Resident Walking on Bayshore Boulevard

by Whittel & Melton, LLC

A 31-year-old man downed a double shot of Fireball Cinnamon Whisky at 11 a.m. Thursday and thirteen minutes later struck a pedestrian on Bayshore Boulevard, turning one of Tampa’s most scenic stretches into a crime scene.

The impact flung the pedestrian into Hillsborough Bay and tore off chunks of Bayshore’s balustrade, exposing bare rebar.

Witnesses later recalled how they had seen the man’s white Ford F-150 ⁠— a Pinch A Penny pool supply truck ⁠— swerving in and out of traffic on Bayshore before the crash, according to an arrest report. They estimated that he was going 60 or 70 mph in a 35-mph zone.

The driver struck the man near the intersection of Bayshore and W Julia Street at about 11:13 a.m., police said. Passersby jumped into the water to try to save the man, but he was later pronounced dead.

The deceased, a 70-year-old retired financial trust officer, had been out for a walk near his home on a breezy day.

The driver told officers he smoked marijuana at about 7 a.m., then drank the whiskey later that morning, according to his arrest report. Investigators said he had a blood-alcohol content level of 0.234, or almost three times the level at which Florida law presumes impairment, 0.08. His blood was drawn at the hospital on Thursday. He was booked into the Hillsborough County jail on Friday.

A police mugshot of the driver showed his face was bloodied after the crash. He currently has a valid driver’s license, records show, but he also has a history of minor traffic infractions.

In 2007, he was cited in two different cases, once for permitting an unauthorized person to drive and later for driving a vehicle in an unsafe condition. Records show he paid both fines.

The next year, he was cited for failure to obey a traffic sign and later paid that fine.

In 2013, he was pulled over while driving a Mercury sedan near N MacDill Avenue and W North A Street. An officer cited him for driving with an expired tag and driving with a suspended license. The man later pleaded no contest to the license charge while the expired tag charge was dismissed, records show. His state driving history indicates the suspension stemmed from failing to pay a fine or fee in court.

He pleaded guilty in 2016 to a felony charge of providing false information on a pawnbroker form and was sentenced to a year of probation.

This is not the first pedestrian killed on Bayshore Boulevard. The road is a hot spot for speeding, which has resulted in a series of tragic, deadly crashes.

A 39-year-old mother was killed in 2004 as she prepared for a jog, struck by a Navy petty officer driving 80 mph on a motorcycle.

In May 2018, another mother, 24, was pushing her 21-month-old daughter in a stroller through a Bayshore crosswalk when a Ford Mustang hit them. Mother and daughter both died. The car was going 102 mph six seconds before impact, police said. Two teens face charges of vehicular homicide in that case, accused of racing before the crash.

After that incident, the city made several changes, including lowering the speed limit to 35 mph, narrowing lanes and installing flashing signs at crosswalks.

Tampa Mayor Jane Castor, the city’s former police chief, released this statement: “Our hearts go out to the family and friends of the victim in this horrific tragedy. As a city, we’re committed to Vision Zero and have made and will continue to make a number of safety upgrades to Bayshore Boulevard and many other Tampa roadways.” Vision Zero is a worldwide push to eliminate traffic deaths and serious injuries.

Pedestrian accidents can be incredibly complex. Injury victims or family members who have lost loved ones must deal with insurance companies and possibly even legal teams that do not want to make a large settlement payout. Our Tampa Bay Pedestrian Accident Attorneys at Whittel & Melton can make sure you are treated fairly throughout the entire process. We will start by obtaining all of the evidence from the accident. This can include police reports, video surveillance, photographs from the scene, eyewitness accounts, and more. If you are injured, we will make sure you are evaluated by a trusted medical professional who can attest to the cause and severity of your injuries. From there we will work to calculate your total economic losses by obtaining your medical bills, proof of lost income, necessary home and vehicle modification bills, and more. Once this is done we will calculate your total non-economic losses, such as pain and suffering, loss of enjoyment of life, loss of consortium, and mental anguish damages. The final step will be negotiating with all parties involved in order to reach a fair settlement. If one cannot be reached we will go to trial to secure the financial compensation you truly deserve.

Sadly, driver negligence causes a large percentage of pedestrian accidents. All motorists have a duty to exercise reasonable care when behind the wheel of a vehicle, and failure to do so is negligence. The most common ways in which negligent drivers cause collisions with pedestrians include:

Speeding
Failure to yield the right-of-way to pedestrians in crosswalks
Distracted driving
Failure to obey traffic signals and signs
Driving under the influence of alcohol or drugs
Failure to signal when turning
Disregarding traffic or weather conditions

October 25, 2019

Skateboarder Killed in Manatee County Hit and Run

by Whittel & Melton, LLC

Investigators are on the lookout for a hit-and-run driver who they say struck and killed a skateboarder early Wednesday.

The accident happened near the intersection of Upper Manatee River Road and Waterlefe Boulevard just before 3 a.m. The roadway and nearby Fort Hamer Bridge were shut down for nearly five hours during the morning commute.

The victim is a 15-year-old boy.

According to the Florida Highway Patrol, EMS workers first noticed the skateboarder around 2:15 a.m. as they were transporting a patient to the hospital. They say he was traveling on the north side of Upper Manatee River Road with no lights or reflectors.

Roughly 30 minutes later, after dropping off the patient, the same ambulance traveled back on Upper Manatee River Road and discovered the skateboard laying in the roadway. That’s when they located debris from a vehicle scattered across the roadway and the victim deceased by the side of the road.

“There is no way this driver does not know they hit someone or something,” said Trooper Kenn Watson with the Florida Highway Patrol. “The bottom line is, they should have stayed on scene. With the amount of damage that vehicle sustained, they’ve got to know they hit someone.”

Investigators are looking for a 2012-2015 silver Toyota Tacoma with extensive front end damage.

Anyone with information about the driver or vehicle is asked to dial *347.

On July 1, 2014, the penalties for hit and run drivers changed when the Aaron Cohen Life Protection Act (section 316.027, Florida Statutes) was signed into Florida law. The statute is named after Aaron Cohen, a 31-year-old father of two that was fatally struck by a drunk driver that fled the crash site in February 2012 in central Florida. The hit and run driver was sentenced to two years in prison, which is a lesser sentence than what the driver would have served had he been sentenced on a DUI manslaughter charge. The Aaron Cohen Life Protection Act imposes a mandatory minimum of 4 years for a driver convicted of leaving the scene of a crash resulting in a fatality.

In the state of Florida, leaving the scene of a crash with property damage is a second-degree misdemeanor that carries penalties of up to 60 days in prison and a $500 fine. Leaving the scene of a crash where injuries have resulted is a second or third-degree felony carrying consequences of up to 5 years in prison and a $5,000 fine and a revoked license for 3 years. Leaving the scene of a crash with a fatality is a first-degree felony with a mandatory minimum of 4 years in prison or up to 30 years in prison and a $10,000 fine as well as a revoked license for 3 years.

There are a great number of reasons drivers choose to flee the scene of a crash site in Florida. Some drivers are drunk or under the influence of drugs and they fear being charged with a DUI, especially if they have been charged with a DUI before. They might also be scared of being charged with other vehicle crimes associated with causing injury or death while under the influence of drugs or alcohol.

Some drivers may be so intoxicated that they do not even realize that they have caused an accident, and drive away without even knowing the devastation they have caused. Other drivers leave the scene because they are driving without a license, driving without registration, or driving without insurance. Some may be driving a stolen vehicle, or they may be wanted by police for another crime, like an outstanding warrant. Others are just afraid of what they have done and too scared to face the consequences of their actions.

It is absolutely vital that you seek legal advice as soon as possible after a hit-and-run accident. As time goes on, important evidence can be lost or destroyed, and witnesses may forget important information, or you may not be able to find them.

May 22, 2019

9-Year-Old Killed While Riding Bike to School in Sarasota

by Whittel & Melton, LLC

An elementary student was hit and killed while riding his bike to school in Sarasota Monday morning.

The Florida Highway Patrol said the 9-year-old boy was hit at the intersection of Webber Street and Nodosa Drive just before 8 a.m.

Deputies said the boy was riding his bike to Brentwood Elementary School.

As he was following his older sister across the intersection, the driver of a silver Chevy Silverado did not see him and hit him with his truck.

They 9-year-old was transported to Doctors Hospital of Sarasota, where he later died.

Deputies said the driver of the Silverado did stop and is cooperating.

It is quite common for people of all ages to ride their bikes on Florida roadways for fun, exercise or to get to work or school. It is a driver’s responsibility to keep an eye out for bikers and make sure they are operating their vehicles safely. When drivers make a mistake behind the wheel, it is usually the bike rider that suffers the consequences. Due to the lack of structural protection, bikers involved in accidents may suffer from broken bones, traumatic brain injuries, spinal cord damage, neck and back injuries and even wrongful death.

May 1, 2019

7-Year-Old Boy Hit By SUV in Clearwater

by Whittel & Melton, LLC

A 7-year-old boy is in critical condition at the hospital after he was hit by an SUV in Clearwater Tuesday night.

Emergency crews responded to a call at an apartment complex in the 2200 block of Nursery Road a little after 7:30 p.m. Upon arrival, officers on scene were told the boy was riding a bike in the parking lot of the apartment complex when he rode into the path of a Nissan Armada, which ultimately hit the child.

The driver remained on scene and is cooperating with the investigation, according to officials in Clearwater.

The boy was taken to Bayfront Health in Saint Petersburg and is in critical condition, according to officials.

When drivers fail to take proper safety precautions and check all areas surrounding their vehicle, parking lots can be the site of very serious or even deadly pedestrian or bicycle accidents. Larger vehicles, especially SUVs and trucks, have several blind spots, so driver’s must pay extra attention to their surroundings. There are far too many preventable accidents that occur every day when driver’s do not take a few extra seconds to check out the area before beginning to drive.

April 3, 2019

Man Charged in Deadly Hit-And-Run in St. Pete

by Whittel & Melton, LLC

A 48-year-old man was arrested on Sunday for a deadly hit-and-run crash that occurred on March 16, in downtown St. Petersburg.

According to police, a Ford F-150 truck was traveling northbound on 28th Street North crossing Central Avenue when it hit a pedestrian.

The pedestrian, identified as a 74-year-old man, suffered serious injuries and died on March 28 at Bayfront Health.

Officials said the driver of the truck failed to return to the scene after a witness told him he struck a pedestrian.

Police were able to catch up with the driver more than 35 blocks away, however, he was not arrested until March 31.

He has been charged with leaving the scene of a crash involving death.

Sadly, many people are injured or killed in hit and run accidents every year throughout the Tampa Bay area. The driver causes a collision, knows they are at fault, and flees the scene in the hopes of avoiding the serious consequences of causing an accident. Our Pinellas County Pedestrian Accident Attorneys at Whittel & Melton can help if you or a loved one has been the victim of a hit and run accident.

After fleeing the scene of an accident, a hit and run driver, when found, is subject to both criminal penalties and civil liability. Even if the at-fault party is never identified, victims of hit and run accidents or their families may be able to recover compensation from their own insurance companies.

Uninsured motorist (UM) insurance covers injuries caused by unidentified hit and run drivers. We can help you use UM insurance to secure financial compensation for medical costs, property damage and other losses.

March 25, 2019

Teen Skateboarder in Critical Condition After Being Struck by Car in Brandon

by Whittel & Melton, LLC

A 17-year-old skateboarder is in the hospital with life-threatening injuries after being hit by a car on Saturday morning, according to the Hillsborough County Sheriff’s Office.

Before 7 a.m., the female teen was using the bicycle lane on Providence Lakes Road in Brandon and riding her skateboard when she was hit by a red Volkswagen Passat, according to reports.

The teen was taken to Tampa General Hospital.

The driver stayed at the scene and was not harmed.

It is unknown if the skateboard or the driver crossed the line separating the bicycle lane and the traffic lane.

Investigators do not believe speed, alcohol or drugs were a factor in the crash, according to police.

The investigation into the crash is still ongoing.

Motorists have a duty to be on the lookout for any dangers. Sometimes motorists are distracted or are not expecting pedestrian traffic and may strike a skateboarder. This does not mean fault lies with the skateboarder. When a car hits a skateboarder, the driver may be held liable for the injuries that result. Our Tampa Bay Auto Accident Attorneys at Whittel & Melton can help you determine who is at fault for the accident and whether you can seek compensation for damages.

Broken bones, sprains, strains, brain injuries (TBIs), spinal cord injuries, and even death are all common after a skateboard vs. car accident. Hospital bills can quickly add up, and insurance companies may even try and blame the entire accident on the skateboarder. This is why you need to seek the help of a personal injury lawyer as soon as possible to make sure your rights are protected.

February 25, 2019

I-75 Wreck Kills Good Samaritan

by Whittel & Melton, LLC

A Good Samaritan died Sunday morning when he was struck while trying to help a man who had been injured in a previous traffic crash on I-75, according to the Florida Highway Patrol.

The 59-year-old man died at the scene.

A 31-year-old woman was one of the drivers taken to Tampa General Hospital in serious condition. Another 24-year-old driver was taken to St. Joseph’s South with minor injuries.

The third driver, a 32-year-old man, was taken to Tampa General with minor injuries. Troopers said he had been drinking.

The crash happened about 4:39 a.m. on southbound I-75 at about Milepost 254 in Hillsborough County.

Troopers said the third driver was driving a 2018 Toyota Tacoma south on I-75 when, for an unknown reason, he stopped in the inside travel lane. The first driver was driving a 2003 Buick LeSabre, and was unable to see or stop in time and collided with the Tacoma. Both vehicles came to rest in the travel lanes.

The Good Samaritan, who had been driving south on I-75, stopped and extricated the third driver from the wreckage and moved him to the inside shoulder to provide medical aid, troopers said.

The second driver, who was driving a 2010 Toyota Camry, failed to see the Tacoma and the LeSabre. The Camry collided with the Tacoma, which rotated and hit the Good Samaritan, killing him.

After the impact between the Camry and the Tacoma, the Tacoma burst into flames.

Charges are pending, troopers said.

According to the Florida Good Samaritan Act, “any person, including those licensed to practice medicine” who willingly, and in good faith, provides emergency care or treatment to another in an emergency situation shall not be liable for any civil damages as a result of such aid or treatment.”

This story highlights the need to exercise caution when rendering aid during a car crash. While helping others when they are injured is something most people want to help with, it is equally important to take your own safety into account first and foremost before putting yourself in harm’s way.

Our Tampa Bay Auto Accident Injury Attorneys at Whittel & Melton have compiled a list to help Good Samaritans stay safe and still help crash victims:

Park a safe distance from the crash. We recommend parking at least 100 feet from the crash site, so that first responders have room to work. This also allows you to assess the scene from a good distance to make sure that your own safety is not at risk.
Use your hazard lights to tell oncoming traffic that they should proceed with caution.
Call 911. Never make the assumption that someone else has notified 911 of the accident.
Assess the situation from a distance, and look for victims who may have been thrown from their vehicles and any other hazards, such as leaking fuel, broken glass and downed power lines.
Assist victims only if it is safe to do so. You can approach victims, but don’t attempt to move them unless the car is on fire or there’s some other imminent danger. Sometimes just talking to them, calming and reassuring them that you’ve called 911 is a big help.

February 7, 2019

Pedestrian Killed in Feather Sound Crash

by Whittel & Melton, LLC

The Florida Highway Patrol is investigating a crash involving a vehicle leaving the roadway in the Feather Sound area and striking two pedestrians on the adjacent sidewalk, killing one of them, according to reports.

Investigators believe the crash occurred around 5:02 p.m. The driver of the vehicle reportedly failed to negotiate a turn while driving west on Feather Sound Drive.

As a result, the man’s vehicle reportedly left the road and drove onto the sidewalk, where it struck two pedestrians, a 67-year-old man and a 55-year-old woman. The vehicle continued into a ditch before striking a concrete retaining wall.

The 67-year-old man was killed at the scene as a result of the crash, troopers said. The woman sustained minor injuries and was not hospitalized.

The driver sustained serious injuries and was transported to a local hospital.

No further information has been released at this time.

According to the National Highway Traffic Association, a person is harmed in a pedestrian accident every 8 minutes. If you have been injured or lost a loved one in a pedestrian accident, it is very important to obtain legal counsel as soon as possible. It is common for insurance companies to try to place the blame on pedestrians, or make lowball payout offers. Your best defense from unethical practices like this is to consult with our Tampa Bay area Pedestrian Accident Attorneys at Whittel & Melton. We know the law and have extensive experience negotiating with insurance companies.

It is important to not wait too long after the accident to file a claim. Sadly, we see this a lot where victims wait too long to speak with an injury attorney and due to statutes of limitations on injury and wrongful death claims, are no longer able to file a claim. The sooner you pursue legal action for your pedestrian accident, the greater your chance of receiving full and fair compensation.

January 17, 2019

Pedestrian Hit, Killed While Crossing Hillsborough Avenue

by Whittel & Melton, LLC

A pedestrian was hit and killed Tuesday evening while crossing Hillsborough Avenue.

The crash occurred around 7 p.m. east of Orient Road.

Troopers said the 31-year-old man from Jacksonville walked into the path of a Chevy pickup truck and was hit.

The pedestrian died at the scene.

According to the report, no charges are pending at this time.

According to the Governors Highway Safety Association (GHSA), Florida ranked number two overall in the number of total pedestrian deaths in 2017. Florida is also the fifth worst for pedestrian deaths when the rankings were adjusted for population.

The total number of Floridians hit by cars increased from 2016 to 2017: 299 pedestrians were hit from January through June of 2016, compared to 303 in 2017. Per 100,000 people, Florida came in fifth, behind Arizona, New Mexico, Delaware, and Louisiana. Florida’s ranking of 1.43 deaths was only 0.05 points behind number two New Mexico (0.48).

While these statistics are alarming, they also show just how vulnerable pedestrians are to cars sharing the roadway. Pedestrian accidents can easily result in catastrophic injuries such as paralysis, broken bones, permanent disability and even death. Our Tampa Bay Pedestrian Accident Attorneys at Whittel & Melton routinely help pedestrian accident victims receive compensation for the pain and suffering they have experienced in addition to compensation for medical bills, disability, lost wages and wrongful death of a family member.

January 10, 2019

Teen Injured in Lakeland Hit And Run

by Whittel & Melton, LLC

A 17-year-old Polk County high school student is recovering after being left for dead in a ditch during a hit-and-run accident.

Investigators say the teen was walking along Swindell Road sometime after 6 a.m. Tuesday when she was struck from behind and thrown into a water-filled ditch.

She may have been in the ditch for 15 minutes to a half hour before anyone heard her screaming for help, according to reports.

A grade-school child walking to a bus stop heard the teen and ran to a neighbor’s house for help.

Emergency medical responders took the teen to a hospital, where she underwent emergency surgery for her badly broken legs.

The Polk County Sheriff’s Office thinks the hit-and-run vehicle may have been a 2000 to 2006 Chevrolet or GMC dark-colored SUV.

Anyone with information is asked to call the Polk County Sheriff’s Office at 863-298-6200 or Heartland Crime Stoppers at 800-226-TIPS (8477).

A hit-and-run accident is one where the at-fault driver does not stop at the accident scene. The law in Florida makes it very clear that a driver who hits someone with a car or other motor vehicle needs to stop and stay at the scene. Failure to comply, can result in felony charges, and it adds significant risk to the injury victim(s) whose injuries can continue to worsen if no one else is nearby to help.