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.

January 12, 2015

Another Driver Arrested for Driving the Wrong Way on Selmon Expressway

by Whittel & Melton, LLC

Authorities nabbed yet another wrong-way driver on Sunday on a Tampa Bay area roadway.

Around 2 a.m., a 24-year-old Bradenton man drove around a road block put in place on the eastbound Lee Roy Selmon Expressway for a crash investigation, according to the Florida Highway Patrol.

Troopers claim the man then turned his 1999 Saturn sedan around before reaching the crash and traveled west in the eastbound lanes.

A trooper helping with the traffic investigation pulled the man and arrested him for driving under the influence. The FHP said he refused to provide a breath sample.

Wrong-way traffic accidents claimed 16 lives on Tampa Bay area roads in 2014. Many of these crashes occurred on divided highways. A handful of wrong-way drivers have been stopped before they could cause an accident.

Just last week the Hillsborough County Sheriff’s Office stopped a woman travelling the wrong way on the Veterans Expressway. It was found that she was confused, but not under the influence of alcohol.

According to the Florida Integrated Report Exchange Program, a total of 223,110 traffic accidents were reported in Florida this year. Of those, 98,817 accidents have resulted in 147,285 people being injured and 1,611 deaths. In 2014, the record month of accidents was March, with 30,183 crashes reported. Moreover, the Florida Department of Highway Safety and Motor Vehicles reported in their “Traffic Crash Facts Annual Report 2012” that of the 281,340 accidents in Florida in 2012, a large amount were attributed to wrong-way drivers. A total of 363 accidents resulted in property damage due to vehicles being driven on the wrong side of the road or travelling the wrong way. Another 541 car accidents involved bodily injury, and 53 wrong-way collisions resulted in death.

January 6, 2015

New Child Car Seat Law Goes Into Effect Thursday

by Whittel & Melton, LLC

As it is now, Florida is one of only two states in the nation that does not require car seats for children who have outgrown baby seats but are still too small for seat belts. But come Thursday, a new law will go into effect that will greatly improve Florida’s child safety seat laws.

The new law essentially mandates booster seats for children aged 3 to 6-years-old. The new law will require children to be in booster seats until their 6th birthday, however, experts say to keep kids in the booster seat until the seat belt fits properly.

According to law enforcement, children restrained the wrong way in vehicles is a daily problem. Not only is this a danger for children, but now it translates into a $60 ticket and three points on their driver’s licenses. According to experts, the best guideline for child car seats is to go by your child’s height and weight. They need to be at least 4’9 and weigh between 80 to 100 pounds before they can use an adult seat belt. Experts say that when used properly, car seats elevate kids so the seat belt can secure them properly by going across the chest in the proper way.

There is one exception to this new law, children ages 4 or 5 may ride with just a seat belt if the driver is not a member of their immediate family and if they are being given a ride due to a medical emergency.

The following car seat guidelines are from the FLHSMV and should be used when driving with a child in your vehicle.

Birth – 1 year old and at least 20 lbs: Use a rear-facing child car seat in the back seat of the car.
1 year old and 20 lbs. – 4 years old and 40 lbs.: Use a rear-facing child car seat in the back seat until they outgrow the weight and height limit of the child car seat. Once a child is over 1 year old and weighs more than 20 pounds, you can switch to a forward-facing car seat in the back of the car.
4 years old and 40 lbs. – 8 years old or 4’9″ tall: Use a forward-facing child seat in the back seat until a child reaches the weight and height limits recommended by the manufacturer, then switch to a booster seat in the back of the car.
8 years old or 4’9″ tall –12 years old: Use a booster seat in the back seat until a child is big enough to use the car’s seat belt. Once a child turns 13, they can sit in the front seat of a car.

January 2, 2015

Man Killed in Palm Harbor Scooter Crash

by Whittel & Melton, LLC

A 26-year-old Palm Harbor man was killed Thursday in an early morning crash on his scooter near downtown Palm Harbor.

The man was heading south on Alt. U.S. 19 near New York Avenue when he lost control of the scooter and hit the outside curb at 2 a.m., according to the Florida Highway Patrol.

That impact of the collision caused the scooter to overturn and eject the rider, who was not wearing a helmet, onto the pavement.

The man was taken to Regional Medical Center Bayonet Point, where he later died from his injuries.

Due to the small size and lighter weight of scooters, collisions involving these vehicles usually result in catastrophic injuries for the drivers and any passengers. Although scooter drivers are responsible for wearing a helmet and practicing defensive driving skills, most accidents are caused by the following:

Motorist Error and Distracted Driving
Roadway Defects, such as potholes, cracks and other issues
Bad Weather and Poor Visibility or inclement weather conditions
Driver Impairment from operating a vehicle under the influence of alcohol or drugs

December 30, 2014

Celebrate New Year’s Safely & Avoid Accidents

by Whittel & Melton, LLC

The start of 2015 is right around the corner, which means it is important to address that the New Year’s holiday is known for being one of the most dangerous times of the year, especially for accidents involving drunk drivers.

According to the National Safety Council, in 2014, the three-day period around New Year’s Day was the holiday period with the highest amount of drunk driving deaths. Partygoers who are out celebrating should factor safety precautions into their holiday planning to improve their chances of avoiding a holiday accident.

There are numerous dangers that drivers and passengers face when traveling on the roadways during the New Year’s holiday. Some of the most common holiday hazards include:

More Traffic: With gasoline prices low, more people have been travelling for the holidays. New Years Eve and New Years Day is no exception. With more vehicles on the roads, there is an increased risk for holiday travelers. Drivers can get easily frustrated or distracted when traffic is congested.
Bad Weather: Rain, hail, snow and ice only add to the hazards of New Year’s travel. Even the most skilled drivers are no match for poor road conditions caused by inclement weather.
Drunk Drivers: Holidays and alcohol go hand in hand. Many people use New Year’s celebrations as an excuse to get drunk. When drunk drivers choose to get behind the wheel, they pose a serious danger to themselves and others.

Whether you are hosting a New Year’s party or attending one yourself, remember that there are numerous things you can do to protect yourself from becoming a New Year’s statistic.

Know your limit when it comes to alcoholic beverages.
Designate a driver, take a cab, use Lyft or Uber, call AAA, use public transportation or ask a sober friend to come pick you up.
Report suspected drunk drivers.
If you are planning to attend a New Year’s party, arrange to stay at the party location, or stay at a hotel or motel that is within walking distance.
Celebrate the New Year without alcohol.

December 22, 2014

1 Killed, 1 Critically Injured in Wrong-Way Crash in Plant City

by Whittel & Melton, LLC

Wrong-way collisions have been highlighted in the news more than usual this year because of five crashes that claimed 11 lives on interstate highways in Hillsborough and Pasco counties.

While this most recent wrong-way crash did not happen on an expressway, a Brandon man was killed and a Lithia man was critically injured on State Road 60 in Plant City early Saturday.

The crash happened near Cable Road just before 5 a.m., leaving the eastbound lanes of S.R. 60 closed for several hours.

According to the Florida Highway Patrol, a 2014 Ford F-250 truck was traveling west in the eastbound lanes of S.R. 60 and crashed head-on with a 2005 F-250.

The wrong-way driver, a 52-year-old Brandon man, died at the scene. The second driver, a 28-year-old man of Lithia, was airlifted to Tampa General Hospital in critical condition. Authorities have confirmed that he is in stable condition.

Wrong-way accidents usually involve more than one other vehicle. Due to the fact that these accidents are high impact collisions, most wrong-way crashes result in serious injury and fatalities. Wrong-way accidents are usually head-on collisions. And while the wrong-way driver may immediately realize he or she is driving in the wrong direction, it is often too late to avoid oncoming vehicles who are not expecting or prepared for a wrong-way vehicle.

December 12, 2014

Wrong Way Driving Accidents Major Problem in Tampa Bay Area

by Whittel & Melton, LLC

The number of wrong way driving accidents has been on the rise in Tampa, and this alarming trend continued on Thursday when four instances of wrong-way drivers on Bay area roads were reported, including one that resulted in a fatal crash.

This recent activity comes despite law enforcement being extra vigilant when it comes to wrong-way drivers.

A Spring Hill man was killed on US 41 Thursday when the car he was a passenger in crashed head-on into another car near State Road 52. The 39-year-old man was killed and his 38-year-old wife suffered critical injuries. The driver of the other car, a 40-year-old Tampa man remains hospitalized in serious condition.

Troopers said alcohol was not a factor in that crash. This man’s death is the 12th this year due to a crash involving a driver going the wrong way on a Bay area roadway.

That fatal accident was the last of four incidents Thursday. Two of the other three did involve alcohol, according to authorities.

Hillsborough County Sheriff’s deputies stopped two wrong-way drivers in separate incidents earlier Thursday.

Deputies started getting telephone calls just before 2 a.m. about a wrong way driver in eastern Hillsborough County. Deputies said the woman was stopped driving the wrong way on Highway 60 East at Turkey Creek Road. She was arrested on DUI charges.

Just two hours later, another driver was stopped by deputies going north in the southbound lanes of the Veterans Expressway just south of Gunn Highway. Deputies believe the driver of the Toyota Corolla, a 34-year-old Tampa man, smelled of alcohol, had delayed reaction and watery and red bloodshot eyes. Deputies also allege his blood alcohol was measured at more than two times the legal limit.

And a few hours after that, the Florida Highway Patrol received multiple calls about a motorcycle going the wrong way on Interstate 275 near downtown Tampa.

Troopers responded and located the 25-year-old Tampa biker standing along the southbound inside shoulder next to the parked 2015 Harley Davidson motorcycle which was facing north.

The man told troopers he had entered the interstate at Busch Boulevard and was traveling southbound listening to music from his smart phone. According to reports, the man dropped his phone south of Dr. Martin Luther King Jr. Boulevard and decided to travel back along the inside shoulder to the area where he had dropped his phone to find it.

The man’s motorcycle was towed from the scene because troopers said he had a suspended driver license at the time of the incident. No charges were filed.

There were no crashes or injuries in the other three wrong way driving incidents.

Drivers that intentionally or unknowingly drive the wrong way on a street, highway or interstate pose an imminent threat to all other motorists and passenger sharing the roadway. Due to the fact that automobiles are heading directly toward one another at a high rate of speed, there is usually very little or no time at all for drivers to react to the situation and avoid the collision. Wrong-way crashes are almost always head-on collisions that result in serious injuries or even death, as Thursdays’ fatality shows.

December 10, 2014

Two Separate Wrong-Way Drivers Arrested for DUI in Tampa

by Whittel & Melton, LLC

Two wrong-way drivers were arrested on Friday after officials said the drivers were operating their vehicles under the influence of alcohol.

According to reports, a 41-year-old Miramar man was driving a 2005 Acura traveling eastbound in the westbound lanes of S.R. 574 around 2:15 a.m.

Deputies said they stopped the vehicle and noticed that the man had glassy and bloodshot eyes, was unsteady on his feet, appeared very confused and had an odor of alcohol on his breath.

The man’s blood alcohol content was .196., according to deputies.

Nearly two and a half hours later, police arrested another wrong-way driver in Tampa.

Officials claim the man was operating a 1998 Honda around 4:45 a.m. traveling eastbound in the westbound lanes of Adamo Drive when deputies pulled him over.

Reports show that the man smelled of alcohol and had slurred speech and watery eyes.

Both of the men were charged with driving under the influence.

Drunk driving is a very serious offense that can result in jail time for the offender. Victims of drunk driving accidents deserve to be compensated for their pain and suffering, medical costs and other losses that resulted from the accident. Most people recognize that they can sue a drunk driver for their injuries, but what most people fail to realize is that the pub, bar, restaurant or even the party host that served alcoholic drinks to the driver could also be held liable for damages under Florida’s dram shop laws.

December 8, 2014

Man Charged in DUI Crash that Killed Motorcyclist in Haines City

by Whittel & Melton, LLC

A 37-year-old Kissimmee man has been arrested for DUI manslaughter and vehicular homicide in an October collision that killed a motorcyclist in Haines City.

According to Polk County deputies, FDLE blood analysis showed that the man arrested had a blood alcohol content of .145 when he caused the fatal crash on October 12, 2014.

According to reports, the man was driving his 2000 silver Chrysler Concord westbound on Johnson Avenue in Haines City around 5:41 p.m. when he passed another vehicle travelling westbound in a no passing zone.

Deputies believe the man’s car entered the eastbound lane and into the path of a Harley motorcycle being driven by a 52-year-old Lakeland man. The two vehicles hit head-on. The biker was pronounced dead at the scene.

Following the crash, deputies sent a sample of the man’s blood to the state FDLE lab for analysis. Once the results were returned to the Polk County Sheriff’s Office, deputies obtained a warrant for the man’s arrest.

On November 27, the man was taken into custody and booked into the Polk County Jail. He was released on November 29 after posting bond.

Most accidents that result from a drunk driver will result in criminal charges being filed. Additionally, the victim of the accident may be able to file a civil claim for his or her injuries. In a case where there is a death, the family of the deceased may file a wrongful death claim.

Filing a claim will not fill the void that is left after losing a loved one, but it can provide some sense of closure. It may help to know that the at-fault party is being held accountable for their negligent actions. Filing a claim can also help to alleviate costs, such as medical bills or funeral arrangements that a family was not prepared to pay for.

December 1, 2014

Woman Dies in St. Petersburg Motorcycle Crash

by Whittel & Melton, LLC

A Palmetto woman who was involved in a motorcycle crash last weekend passed away from her injuries.

The 52-year-old woman was riding as a passenger on a motorcycle Saturday morning at 1:45 a.m. when the driver lost control and crashed on 54th Avenue N just east of 16th Street N.

St. Petersburg police believe the 52-year-old driver of the 2014 Harley-Davidson was traveling east in the curb lane when he failed to negotiate a slight bend in the roadway and struck the south curb.

He lost control of the motorcycle and it exited the roadway. The motorcycle then slid on its right side, hit a road sign and came to a stop at 54th and 15th Street N. Both the man and woman were ejected from the motorcycle. The man was treated for his injuries at the scene. The woman was taken to Bayfront Health St. Petersburg where she was pronounced dead at 2:34 p.m.

The investigation is still underway.

Unfortunately, motorcycle accidents happen all too frequently because drivers fail to notice motorcycles and do not take reasonable care for the safety of motorcyclists. According to a study by the National Highway and Traffic Safety Administration, motorcyclists are actually 37 times more likely to be fatally injured in a collision and 9 times more likely to be injured.

November 26, 2014

46.3 Million to Hit Roads Thanksgiving Weekend: Travel Smart, Stay Safe

by Whittel & Melton, LLC

Gas prices across the country are at an average of $2.85 a gallon, which is the lowest cost for the entire year and down 43 cents from this time last year. According to AAA, travelers should anticipate more traffic on the roads as the Thanksgiving holiday approaches.

AAA estimates that nearly 46.3 million people will travel a distance of at least 50 miles from home over the Thanksgiving weekend, Wednesday, Nov. 26 through Sunday, Nov. 30. This is a 4.2 percent increase from last year and the highest anticipated volume since 2007.

According to AAA, around 90 percent of those travelling for the Thanksgiving holiday will do so by automobile. In accordance with that, Thanksgiving air travel is also expected to be at the highest level since 2007, with 3.55 million people flying.

Those who are driving to get to their Thanksgiving destination should plan their time out properly. It is estimated that it will take at least 25 percent longer to get to your final stop. In fact, Wednesday pre-Thanksgiving rush hour is expected to begin about two hours earlier than on a typical Wednesday. The worst delays are expected to occur between 2 p.m. and 5 p.m.

The National Safety Council expects 418 people will be killed during the Thanksgiving holiday and another 44,700 seriously injured. The best thing that you can do to protect yourself and those you love is to buckle up.

The following safety tips can help make sure your Thanksgiving holiday is safe and sound:

Check to see that your vehicle is in proper working order.
Make sure you have a full tank of gas, check the tire air pressure and make sure the windshield fluid is full.
Always wear a seatbelt and follow the speed limit.
Stay well-rested so that you can be alert behind the wheel.
Exercise caution in construction areas and work zones.
Avoid distractions – do not text and drive, refrain from calling or receiving phone calls and always pay attention to the road.
Take a break. Long trips may require you to stop frequently or even switch drivers.
Keep an emergency preparedness kit inside the vehicle with useful items, such as water, snacks, a flashlight, first aid kit, extra cash and blankets.