Tampa Bay Injury Attorney Blog

Tampa, St. Petersburg, Clearwater Personal Injury Lawyers Serving Hillsborough, Pinellas, Manatee and Sarasota Counties Whittel & Melton, LLC

Accidents caused by other people's negligence are by their very nature, unplanned. It's for this reason that when an accident happens, victims may find themselves bridled with injury, pain and financial losses, not knowing which way to turn.

Being involved in an accident can be one of the most unsettling and devastating times in a person's life. During this time, having a seasoned attorney on your side, looking out for your best interest, can be the difference between becoming whole or struggling with pain and financial loss for years to come. If you are a victim of an accident, who you select as your attorney is the most important decision you need to make.

We are here to help.

The Tampa Bay Personal Injury Attorneys at Whittel & Melton guarantee that our clients receive the personalized attention they deserve. Our first priority is doing everything in our power to fight for full and fair compensation for your injury and loss.

Our Pinellas and Hillsborough County personal injury practice involves every type of injury case-- from serious car or motorcycle accidents to slip and falls to premises liability. The first step we take with our prospective clients is to schedule a free consultation to discuss the facts of the case. Our St. Petersburg Personal Injury Lawyers then will offer advice about options to seek financial recovery following a serious accident, catastrophic injury or the wrongful death of a loved one. We represent clients on injury claims arising from of a wide range of incidents and accidents. Click any area to the left to learn more about the scope of our practice.

If you have been in an accident, we don't think that you should have to suffer unnecessarily just because you were involved in an accident and are awaiting resolution to your case. While we cannot take the pain away, many times, we are able to refer you to Doctors who will treat and manage your pain, even if you don't have health insurance.

We Stand with You.

Most importantly, at Whittel & Melton, you can be confident that we will stand behind you and your case. Once we commit to representing you, we will never put you or your claim on the back burner, and we are available by phone 24 hours a day.

We promise to aggressively pursue the parties and insurance companies involved in your case to obtain justice for you and your loved ones. Through financial settlement or trial, we will prepare your case to achieve maximum compensation. You will never be responsible for any attorney's fees unless and until there is a successful financial recovery for your damages. Simply put, we will not be satisfied until you are.

We are proud to help accident victims throughout Hillsborough, Pinellas, Manatee and Sarasota Counties – including Tampa, Brandon, St. Petersburg and Clearwater, Bradenton and Sarasota, Florida.

Please call us at anytime. We are available 24 hours a day. (813) 221-3200, (727) 823-0000, (866) 608-5529.

March 30, 2016

Two Tampa Men Invent Device To Prevent Child Heatstroke Deaths In Hot Cars

by Whittel & Melton, LLC

Two Tampa men have invented a device aimed at saving children from hot car deaths after becoming tired of reading more and more news stories regarding these tragedies.

They are currently looking for investors for their device they named Sense a Life.

According to the men, Sense a Life alerts parents and caregivers to safely remove children from a vehicle immediately upon leaving the vehicle themselves.

Sense a Life uses two sensors: one under the child car seat that senses weight and one installed near the driver’s side door. When the door opens and a child is in the car seat, a voice alert reminds the driver to take the child out.

The user also receives an alert on their phone. If ignored for a certain amount of time, the alert can also be sent to a second parent or guardian.

The men plan to launch a Kickstarter campaign in April to take the device to production.

The entrepreneurs hope to market the product to individuals directly or to car and child car seat manufacturers.

For more information, go to sensealife.com or visit them on Facebook at facebook.com/sensealife.

According to the National Highway Traffic Safety Administration, at least 30 children died from heat strokes in cars in 2014. Experts say it is the second most common cause of death for children under the age of 14, second only to crashes.

This device could be the answer to preventing the high number of deaths associated with child heatstroke deaths in hot cars. Time will tell if this device is a solution, but our Tampa Bay Injury Lawyers at Whittel & Melton are very happy to see strides being taken towards eliminating unnecessary deaths.

March 15, 2016

Pedestrian Hit, Killed by Jeep in Brandon

by Whittel & Melton, LLC

A pedestrian was killed Saturday night in Brandon after being hit by a Jeep , according to the Hillsborough County Sheriff’s Office.

The incident happened around 11:30 p.m. along Parsons Avenue South.

Deputies believe the 44-year-old pedestrian crossed Parsons Ave. into the direct path of a Jeep for unknown reasons.

The woman was struck and thrown to the east shoulder of the roadway. She died at the scene.

The driver, a 30-year-old woman, told investigators she did not see the pedestrian until she was right in front of the vehicle.

Investigators believe the woman may have been intoxicated at the time.

No other details have been released.

Drivers who have consumed alcohol and then get behind the wheel of a car are more likely to make poor decisions and less likely to adjust to any abrupt changes in traffic conditions. Alcohol can affect your judgment, impair your motor functions and alter your depth perception, which is why a good amount of Tampa Bay DUI crashes result in very serious or fatal injuries.

If a drunk driver has killed someone you love, it is imperative to act quickly in order to ensure that they are held responsible for your losses. When a loved one is killed, the surviving family members may be able to pursue a wrongful death lawsuit.

It is important to understand that even if the driver responsible for your loss is convicted for drunk driving, it will not automatically result in a financial settlement. Our Tampa Bay Pedestrian Accident Lawyers at Whittel & Melton will help protect your rights and make sure that you are offered fair and full compensation for your losses.

March 11, 2016

Biker Killed in Tampa Crash with Drunk Driver

by Whittel & Melton, LLC

A 26-year-old man is dead after he was hit by a drunk driver while riding his motorcycle in Tampa.

The crash happened at 12:34 a.m. on Dale Mabry Highway near the intersection with Cypress Street.

Police the victim, from Wesley Chapel, was riding his 2002 Yamaha motorcycle south when a 1997 Chevrolet pick-up truck made a left turn in front of him.

The man was declared dead at the scene. Police said Wednesday was his 26th birthday.

The driver of the truck, a 37-year-old Tampa man, showed signs of impairment, so police arrested him on charges of DUI manslaughter. His blood was drawn and submitted to the Florida Department of Law Enforcement.

When a motorist makes the choice to operate a vehicle under the influence of drugs or alcohol, they place everyone sharing the roadway with them in serious danger. While a DUI is a criminal offense that is punished in criminal court, this does nothing to compensate motorcycle accident injury victims or the families of those who have lost loved ones in these types of accidents.

The drunk driver can actually be held financially liable for any injuries, damages and losses suffered by a victim or their family. Victims of motorcycle DUI crashes that survive often suffer severe physical injuries in addition to financial stress and emotional grief. Family members who have lost loved ones in drunk driving crashes might be struggling to pay the bills and provide for their families. Motorcycle DUI injury victims and the families of those killed can seek compensation for their losses, including medical bills, lost wages, rehabilitation costs, funeral expenses, future income and pain and suffering.

March 4, 2016

Pedestrian Cited in Fatal St. Pete Scooter Crash

by Whittel & Melton, LLC

Pinellas County sheriff’s investigators have cited a pedestrian for contributing to a crash that resulted in the death of a motor scooter operator in St. Pete Beach last month.

The crash occurred at the intersection of 70th Avenue and Gulf Boulevard in St. Pete Beach on Feb. 2.

According to investigators, the 18-year-old pedestrian was crossing Gulf Boulevard from east to west at the intersection of 70th Avenue, and was not utilizing a crosswalk when he walked into the path of a motor scooter that was being driven by a 72-year-old man.

The pedestrian collided with the man’s motor scooter causing the biker to lose control and fall to the ground.

The motorcyclist was transported to a local hospital where he was pronounced dead. The pedestrian sustained minor injuries as a result of the crash and refused medical attention.

The initial report indicated the man had suffered a heart attack following the crash. The Medical Examiner’s Office conducted their investigation and determined that the man’s death was caused by blunt trauma resulting from the crash. The manner in which he died was determined to be an accident.

The pedestrian received a Uniform Traffic Citation for failure to yield to the right of way for a vehicle.

Even though pedestrians do generally have the right-of-way, there are cases where they can be liable for a car accident. In a pedestrian vs. motor vehicle accident, the pedestrian can actually be to blame, either wholly or partially.

The following are the most common scenarios under which a pedestrian may be found at least partially at fault for an accident involving a scooter or other type of vehicle:

Jaywalking – crossing in the middle of the street, outside of a crosswalk
Crossing against the traffic signal – in the crosswalk but against a red “Do Not Walk” command
Entering a street or highway while intoxicated
Walking along highways, bridges, or causeways where pedestrian access is prohibited.

February 25, 2016

Hybrid Vehicles Pose Risk to Pedestrians

by Whittel & Melton, LLC

Congress passed the Pedestrian Safety Enhancement Act in 2010. The law noted that hybrid vehicles are very quiet, especially when driven below 18 miles per hour. Due to this, Congress required the National Highway Traffic Safety Administration to develop regulations for noise alerts on these silent hybrid vehicles by January 2014. This deadline was then extended to November 2015, and then to March 2016. Auto makers are expected to have 18 months to comply with the new mandates once they are issued.

Sadly, in the meantime, pedestrians remain at risk. Pedestrian accidents have actually increased since 2009, and the fact that people cannot hear hybrid and electric vehicles approaching the same way that they can hear traditional gas-powered vehicles places pedestrians at a greater risk of becoming involved in an accident.

Drivers should always keep a close watch out for all pedestrians, especially those who may be blind, distracted or need extra time crossing the street.

If you have suffered harm from a pedestrian accident in Tampa Bay, you may have the right to recover for your past, current, and future medical expenses, lost income, out-of-pocket expense related to the accident and pain and suffering.

February 15, 2016

Two Toddlers Nearly Drown In Clearwater Over Weekend

by Whittel & Melton, LLC

Officials said two toddlers nearly drowned in Clearwater over the weekend.

On Saturday, a 1-year-old boy was found face down in a 55-gallon drum of water, according to reports. The incident occurred sometime after 6 p.m. Saturday at a home located in the 2500 block of Highland Acres Drive.

According to investigators, the child was with his father in the backyard of the home. The boy wandered off while his father was working in the backyard and when the dad noticed the child was gone, he went to look for him.

The father found the baby face-down in the water, and he pulled his son from the water and performed CPR until paramedics arrived.

Dunedin Fire Rescue said the boy had a pulse and was breathing when they arrived. He was taken to Mease Countryside Hospital for life-threatening injuries.

Investigators believe the drum of water was partially buried in the ground and being used as a tilapia farm.

Second Toddler Found in Clearwater Pool

Police also reported that a 2-year-old boy was found in a backyard pool Sunday morning.

The incident happened at 10:30 a.m. at a house in the 2000 block of Buford Boulevard.

Police said that family members pulled the boy from the pool and administered CPR until Clearwater Fire & Rescue crews arrived. The firefighters were able to regain a heartbeat before taking him to Mease Countryside Hospital.

The toddler was later flown to Tampa General Hospital in critical condition.

Officials believe several people were at the house at the time of the incident. They think the child was in the pool for less than five minutes.

Private pools pose the greatest risks for drowning, especially for children that are too young to know how to swim. This is why it is critical for parents to accompany their kids when poolside or in the water at all times to prevent tragedies. At Whittel & Melton, our Tampa Bay Swimming Pool Accident Lawyers understand that no one can be completely vigilant 100 percent of the time. However, this is why restricting access to swimming pools as much as possible is essential. The Consumer Product Safety Commission recommends a four-foot-high fence with a locking gate that should run around the entire perimeter of any backyard pool, at minimum. Unfortunately, builders and homeowners often fail to include this safety feature because a fence would ruin the look of a deck, patio or yard.

February 8, 2016

Scooter Driver Hits Pedestrian in St. Pete Beach

by Whittel & Melton, LLC

A St. Pete Beach man crashed his motor scooter into a pedestrian Tuesday, according to deputies.

The crash happened at 3:02 p.m. at the intersection of 70th Avenue and Gulf Boulevard on St. Pete Beach.

The 72-year-old man was riding his 1985 Honda Elite motor scooter north on Gulf Boulevard when he hit an 18-year-old pedestrian, who was crossing at the intersection.

December 21, 2015

Holiday Slips, Trips & Falls: Who’s To Blame?

by Whittel & Melton, LLC

Who is responsible for your injury after a slip and fall or trip and fall accident? That depends. There are numerous factors when it comes to determining fault, but most importantly is where you fell, and whether it is public property, a business, or a residence.

Premises liability law establishes when residential and business owners are responsible for injuries that occur on their property. If you fall in a store or on some area of their property, like the parking lot, then the store could be liable for your injury if the injury was caused through its negligence. On that same note, if you are a guest in someone’s home and you suffer an injury as a result of the owner’s negligence, the homeowner may be liable.

How To Prove Your Claim

In order to be successful in a slip and fall or trip and fall case, you must show that there was a dangerous condition that the property owner was aware of or should have been aware of. The owner failing to remedy the dangerous condition caused you harm and it was foreseeable that someone could get hurt from it. In other words, there has to be a negligent party. If you just happened to slip, trip or fall for no apparent reason, then there may not be a responsible party other than yourself, which obviously creates an impossible burden for your claim. In the end, our job as lawyers is to investigate not only the mechanism of injury, learn how it could be avoided and determine if an insurance policy was paid for with the intent of compensating you for your injuries. Unfortunately, all the “good hands” in the world won’t start dialing your house most likely unless we call them first.

However, if you were harmed due to a real hazard, who you name in your lawsuit will depend on the details of your slip, trip or fall. If you were hurt at a retail store in the mall, there may be multiple parties, including the store, mall management, a security company, and possibly other entities.

When you fall at a residential property, the liable party is usually the property owner. If you are hurt in a rental and the tenant is responsible for handling repairs, then that person could be to blame.

When it comes to injuries on municipal properties, sidewalks and parks, it can be tricky to establish fault, but there is sometimes someone to blame for it, possible even the city or state.

Call A Tampa Bay Premises Liability Lawyer at Whittel & Melton – 727-823-0000

December 18, 2015

Man Killed in Collision with School Bus in Clearwater

by Whittel & Melton, LLC

The driver of a Mini Cooper involved in a crash with a school bus on Thursday morning in Clearwater has died.

The crash happened at 7 a.m. on South Missouri Avenue at Lotus Path.

According to Clearwater police, two school buses were headed south on Missouri Ave. when the first one stopped to pick up students. The second bus stopped behind the first, and the man driving the Mini Cooper ran into the back of the second bus.

He was taken to Morton Plant Hospital, where he was later pronounced dead.

There were no students on the second bus.

The bus driver was not harmed in the accident.

School bus accidents can be caused by various factors, including:

Driver negligence
Dangerous roadways
Inclement weather
Improper vehicle maintenance

These accidents may lead to serious physical injury or death, including:

Head injuries
Brain and spinal cord injuries
Fractured bones
Burn injuries
Cuts and bruising
Disfigurement or Loss of Limbs
Internal injuries

In certain cases, the driver of the school bus may be at fault for the accident. Sometimes the driver of another vehicle is responsible for causing the collision. A Tampa Bay Auto Accident Lawyer at Whittel & Melton can gather and investigate any and all evidence to determine who is liable for your injuries or the loss of someone close to you.

December 9, 2015

Pedestrian Killed Crossing Ulmerton Road in Largo

by Whittel & Melton, LLC

A pedestrian was killed Wednesday morning after he was struck by a truck while crossing Ulmerton Road in Largo.

The crash occurred at 6:13 a.m. in the 7900 block of Ulmerton Road, near the intersection with Belcher Road.

Police believe the 60-year-old was attempting to cross the eastbound lanes of Ulmerton Road when he stepped in front of a 2012 Ford F-250.