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Articles Posted in Wrongful Death

mustang-1279781_1920-300x200The 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. 

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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. 

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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. 

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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

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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. 

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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.

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A 29-year-old Lakeland man was killed Thursday in a multi-vehicle crash on State Road 60 at the intersection with Grape Hammock Road in Lake Wales.

According to the Polk County Sheriff’s Office, the 2:45 p.m. crash involved four vehicles, including two semis, which resulted in significant diesel fuel and oil on the roadway and debris.

Deputies said a silver 2012 Volkswagen car being driven by the man Lakeland was heading westbound on SR 60 just west of Grape Hammock Rd at a high rate of speed when it began to hydroplane, as it was raining heavily at the time.

The VW went into the eastbound lane and bounced off of a 2019 red Kia Sorento. The VW rotated and was then struck by an eastbound 1986 Kenworth semi truck pulling a trailer, causing significant damage and killing the Lakeland man.

The semi exited the roadway and came to a rest in a ditch, with the trailer still in the eastbound lane.

Another semi heading westbound struck some debris from the crash and came to a controlled stop.

None of the other drivers were injured.

Hydroplaning happens when road conditions are wet and the surface of the asphalt becomes slippery. The combination of moisture and oil residue on roadways can result in a very slippery surface. For drivers experiencing this, the tires of their vehicle can become separated from the road surface by a thin layer of water, and they can experience a loss of steering, as well as a loss of braking ability and vehicle control. A hydroplane crash can be catastrophic, as this case shows, and affect multiple vehicles and cause significant injuries and property damage.

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A motorcyclist has been pronounced dead after apparently losing control of his bike on U.S. 19 and then being struck by a car.

The crash shut down northbound U.S. 19 just south of 126th Avenue for hours Sunday morning.

Pinellas Park Police believe the 22-year-old motorcyclist was speeding when he lost control and was thrown off the bike.

Police say the driver of a passing vehicle tried to stop traffic, but another vehicle drove through and struck the biker. Another vehicle struck the bike debris.

Police say everyone is cooperating with the investigation. No one else was hurt.

The aftermath of motorcycle accidents can be devastating. While some bike riders can escape a crash with just minor injuries, in many speed-related accidents, the rider can suffer life changing injuries, that may include:

  • traumatic brain injury
  • spinal cord damage
  • paralysis
  • nerve damage
  • facial injuries
  • road rash
  • broken bones
  • internal injuries
  • death

If you’ve been injured or lost someone you love in a motorcycle accident, our Pinellas County Motorcycle Accident Attorneys at Whittel & Melton can help level the playing field against insurance companies and fight for what you deserve. We handle all motorcycle accident cases on a contingency fee basis, meaning that you pay no legal fee unless we obtain financial compensation for you through an insurance settlement or jury verdict.

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A 3-year-old boy drowned in a pool Saturday afternoon in Tarpon Springs.

According to Tarpon Springs police, the drowning happened at a home on Stone Creek Drive.  

Authorities believe the incident was accidental.

The case remains under investigation.

Swimming pools can bring lots of fun, but they can also be the source of drowning and near-drowning deaths. The Centers for Disease Control and Prevention reports the following statistics:

  • Ten people die every day across the U.S. in drowning accidents, including two children under the age of 14.
  • For every child that dies in a drowning accident, another five children require emergency department care for non-fatal drowning-related injuries.
  • More than half of all drowning victims treated in emergency rooms need hospitalization or specialized care for brain damage.

When a drowning accident occurred in a private backyard pool, many victims and/or their families are hesitant about taking legal action. This is usually because the pool owner is a friend or neighbor. Our Tampa Bay Swimming Pool and Drowning Accident Attorneys at Whittel & Melton want you to know that a person’s homeowner’s insurance, and not their personal assets, typically provides the financial compensation in a drowning accident lawsuit. We are prepared to pursue the compensation that you and your family need and deserve. You will never pay any fees whatsoever unless we secure a financial award for you.

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A woman, who caused a crash that killed three after she suffered a seizure, was in a wheelchair at her pretrial hearing Monday morning.

In August of 2017, prosecutors say the woman was driving over 100 miles per hour when she slammed into a Hyundai, killing a man, his wife and their 8-year-old daughter.

Investigators say the woman did not stick around after the crash. She fled the scene, but did not make it far.

Police caught up with the woman a couple of miles from the crime scene.

While being questioned by detectives, she allegedly said she takes anti-anxiety medication for her seizures.

She was emotional after the crash, even breaking down during a bond hearing.

Fleeing the scene of an accident, or hit and run, is a very serious criminal offense. Under Florida state law, drivers are required to stop and exchange information or render assistance when they are involved in an accident that causes property damage or bodily injury. Even though it is against the law to leave the scene after an accident, data from the AAA Foundation For Traffic Safety shows that 11% of all car accidents involve hit-and-run drivers.

When a driver flees the scene of an accident, they leave behind victims without taking any responsibility for their actions. Our Tampa Bay Auto Accident Attorneys at Whittel & Melton regularly file personal injury and wrongful death claims on behalf of those injured or killed in hit-and-run accidents. We can answer any questions you may have regarding your legal options following an incident involving a fleeing driver.

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