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.

February 3, 2014

Tampa Bay Car Accident Attorney :: Elderly Woman Backs into Crowd of People Killing 3 and Seriously Injuring 4

by Whittel & Melton, LLC

An elderly woman accidentally backed into a crowd of people while leaving church late Sunday morning leaving three people dead and at least five more injured, according to authorities.

The crash occurred in the Sugar Creek Country Club 55-and-over mobile home community off Belinda Circle and Clubhouse Drive in East Bradenton.

79-year-old woman backs into crowd of people Sunday morning in church parking lot in Bradenton leaving three people dead and at least five more injured.

Witnesses claim the 79-year-old woman thought she put her large Chevrolet sport utility vehicle in “drive,” but actually shifted into reverse and traveled backward through the clubhouse parking lot.

An 80-year-old woman was pronounced dead at the scene. Two other women, ages 70 and 72, were both taken to Blake Medical Center where they later died.

Four others are listed in serious condition.

According to witnesses, the woman drove into and through the pedestrians, and kept driving until her vehicle went into a creek.

She left the scene with her family. She and her husband, who was a passenger in the car during the incident, were not harmed.

Just as the name suggests, backover accidents occur when a driver backs into something or someone. These types of accidents usually take place in parking lots or driveways. Even though these accidents generally occur at lower speeds, the results can be fatal. According to the National Highway Traffic Safety Administration, nearly 221 people are killed in backover crashes in the United States in parking lots, driveways and other off-road locations, and an additional 71 deaths occur on public roads annually. Another 18,000 people nationwide suffer injuries each year from backover collisions. If you or someone close to you has been injured or killed in a backover accident, you could be entitled to financial compensation for your losses.

January 31, 2014

Bradenton Wrongful Death Attorney :: Manatee Day Care Facing Possible Shut Down after Infant’s Death

by Whittel & Melton, LLC

A Manatee County day care center may be forced to close its doors pending an ongoing investigation into a 4-month-old girl’s death.

The girl died at the Bradenton facility on Jan. 7 and state investigators claim there is video evidence a daycare worker did not follow proper policy when caring for the child.

A report by the Department of Children and Families reveals the baby was put on her stomach in a crib and not on her back. The facility director apparently told the Department of Children and Families the infant was fed and placed on her side in the crib as she slept.

Officials claim that a video shows the worker placing the baby in a swing and propping a bottle next to her using a blanket so she could feed herself. The video goes on to show that the baby was placed in the crib without being burped.

A 4-month-old girl was killed at a Bradenton day care facility on Jan. 7.

At 11 a.m. that morning, the child was found unresponsive by day care workers.

On the same day of the infant’s death, a teacher who initially cared for the baby tested positive for cocaine and marijuana and admitted to the recent use of marijuana, according to reports.

An emergency suspension order was issued last week by the Department of Children and Families making the day care facility’s license invalid for children 12 months or younger in the wake of its investigation.

The day care center has three other locations that will remain open as they are not a part of the ongoing investigation.

Every parent’s worst nightmare is getting a phone call saying their child has been harmed in their absence. Sadly, accidents at day care facilities can range in severity from minor injuries such as cuts and scrapes to more serious ones involving catastrophic injuries, or even worse, death. Sadly, in many cases day care negligence is to blame for these tragedies. When caregivers fail to act appropriately, you may be able to hold the negligent party accountable through a personal injury or wrongful death lawsuit.

Too many times day care negligence goes unnoticed until it is too late. When a day care facility fails to follow state and federal laws that set the standards for care, they can be held legally liable in the event of an accident.

January 29, 2014

Sarasota Accident Attorney: Fire sinks sailboat in Sarasota Bay

by Whittel & Melton, LLC

A 28-foot sailboat is at the the bottom of Sarasota Bay after a fire the vessel sunk the ship.

Bradenton Police Department believe the cause of the fire is believed to be a lighted canister of Sterno cooking fuel. However, the investigation is ongoing.

Sarasota County sailboat sinks after fire takes over

January 23, 2014

Sarasota County Child Pedestrian Accident Attorney :: Sarasota Toddler Killed after Mom Backs Over Her

by Whittel & Melton, LLC

Unfortunately, children are not only at risk for suffering a severe injury or death when out in the roadway or travelling as a passenger in a car, truck, SUV or other vehicle. Every year, numerous children are involved in back-over accidents and are even run over at their own home. Sadly, this type of crash recently resulted in the death of a Sarasota toddler.

Last week, a Sarasota toddler was killed after officials say she was run over by a car driven by her mother in Nokomis.

Reports indicate that the 20-month-old girl was run over around 5 p.m. in the 1000 block of Tarpon Court.

Deputies claim the couple at the home had just finished repairing their Honda Passport SUV, when the mother got inside the vehicle and pulled it forward.

A Sarasota County Pedestrian Accident Lawyer at Whittel & Melton can help you through this difficult time.

The mother claims she had last seen her 20-month-old daughter playing with bubbles on the porch, but the child apparently toddled into the driveway and was run over by the vehicle.

Deputies arrived on scene with the North Port Fire Department and made an effort to resuscitate the child.

The Sarasota County Fire Department transported the toddler to Venice Regional Medical Center where she was pronounced dead.

Driveway back over accidents, while quite tragic, are especially common in toddlers and young children that are not easily spotted when close to the back of a vehicle. These types of accidents also regularly occur in suburban areas where kids are frequently found playing in the street, riding bikes and wandering in the driveways of neighboring homes. In fact, according to the Centers for Disease Control and Prevention, every week two children are killed by vehicles moving in reverse.
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January 21, 2014

Pinellas County Workplace Injury Attorney :: Construction worker falls to his death at Eckerd College

by Whittel & Melton, LLC

A 60-year-old construction worker fell to his death Thursday morning inside an Eckerd College auditorium in St. Petersburg.

The St. Petersburg Wrongful Death Attorneys are here to help you through this difficult time

The St. Petersburg Wrongful Death Attorneys can help you through this difficult time.

Police report that the Brooksville man was employed by Universal Control, a electrical contracting company, and was working on the air-conditioning system at Eckerd’s Bininger Performing Arts Building. News reports indicate that he was working on a catwalk when he fell 30 to 40 feet to his death.

January 9, 2014

Tampa DUI Accident Attorney :: Driver’s Alcohol Detection System still in development by NHTSA

by Whittel & Melton, LLC

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) wants to continue working with a coalition of automakers to develop a Driver Alcohol Detection System to curb the growing trend of DUI fatalities.

According to reports, in 2012, deaths in crashes involving drunk drivers increased 4.6 percent, taking 10,322 lives, compared to 9,865 in 2011.

The Driver Alcohol Detection System, or DADSS, promises to detect when a driver is above the legal alcohol limit of 0.08 BAC adopted by all 50 U.S. states, including Florida. The automatic system would be enabled every time the car is started, but unobtrusive so it would not pose an inconvenience to the non-intoxicated driver.

By early 2015, the agency hopes to have a research vehicle that incorporates two different approaches to measuring alcohol in a person’s system– a touch-based and breath-based system. To date, research using laboratory-scale prototype device is underway, while testing with on-road prototype devices is expected within the next few years.

NHTSA and ACTS are contributing a combined total of $6.5 million to help advance the research into DADSS.

December 23, 2013

St. Petersburg Injury Lawyer :: CPSC Reports ‘Tis the Season for Injuries

by Whittel & Melton, LLC

The Consumer Product Safety Commission is urging everyone to “Deck the Halls” safely this holiday season. An estimated 15,000 people will be injured this holiday season based on the number of people sent to emergency rooms across the nation last November and December. The worst of the injuries reported involved slip and falls from holiday decorating, stepping on ornaments, back injuries, ladder catastrophes and lacerations.

Hundreds of people fall off ladders every holiday season in their attempts to decorate. Ladders are supposed to be set up in a non-congested area with a 75 degree angle. Metal ladders should never be set up near electrical equipment. Sadly, ladder accidents often result in severe personal injuries or death. Last year, the CPSC reported that there were 20 injuries due to ladder accidents that resulted in a whopping $16 million in property damage.

Fires are another big problem during the holiday season. Fire departments across the country reported about 200 Christmas trees that were ignited from 2009 through 2011. These fires resulted in 70 deaths, 680 injuries and about $308 million in property damage, according to the CPSC. The number of fire-related incidents has been on the rise since 2009, resulting in about 12,000 more ER visits annually.

The CPSC urges everyone to follow these simple guidelines to prevent a holiday disaster this year:

• Discard any light sets with bare wires, broken sockets or that are damaged.

• Blow out candles when no one is in the room.

• Make sure your ladder is in good condition before using it.

• Keep your Christmas tree away from any heat sources.

• Watch out for children around the Christmas tree, as they could become injured from ornaments or sharp objects on or around the tree.

• Keep wrapping paper out of the fireplace as it can ignite suddenly and burn intensely.

Any problems with consumer products that lead to accidents or injuries should always be reported to saferproducts.gov. This is how the government tracks injuries from defective products so that recalls can be issued when enough injuries are reported.

December 17, 2013

Tampa Bay Motorcycle Accident Attorney :: Motorcycle Accident in Hillsborough County Ends in Fatality

by Whittel & Melton, LLC

A 40-year-old Kissimmee motorcyclist was killed Wednesday after a car that was turning in front of him struck him on Fletcher Avenue.

The biker was riding a 2000 Yamaha Road Star westbound around 7:30 p.m. on Fletcher Avenue when the driver of a 1998 Ford Taurus heading eastbound tried to execute a left turn onto 42nd Street and turned into the biker’s path causing the motorcycle to hit the passenger side of the car, according to the Hillsborough County Sheriff’s Office.

The Kissimmee motorcyclist was rushed to a nearby hospital where he was pronounced dead. According to police, the man was wearing a helmet.

The 27-year-old driver of the Taurus and his passenger were taken to a hospital with non-life threatening injuries, according to reports.

The investigation is ongoing. No charges have been filed at this point.

According to the National Highway Traffic Safety Administration, motorcyclists are 35 times more likely to experience a fatality when travelling on the roadway than those riding in passenger cars. Despite numerous efforts to raise awareness and safety for motorcyclists, the number of bikers killed in motor vehicle accidents increased by 2 percent from 2010 to 2011. With the number of motorcyclists on the roads steadily increasing, the sad truth is that the number of deadly accidents is also on the rise.

The majority of motorcycle accidents involve another vehicle, and most of the time it is the motorist and not the motorcyclist who is at fault. There are many things drivers can do to prevent collisions with bikers, including taking the time to check blind spots when turning or changing lanes and allowing for more space when following a biker. Moreover, drivers should limit the amount of distractions while behind the wheel, use proper traffic signals and always follow the general rules of the road.

December 5, 2013

Tampa Bay Trucking Accident Attorney :: Polk County Cyclist Seriously Injured in Accident with Semi Truck

by Whittel & Melton, LLC

A bicyclist was seriously injured Wednesday morning after he was struck by a semi-truck in Winter Haven.

The crash occurred at 10:25 a.m. on U.S 17 near Snively Avenue, according to reports.

The Polk County Sheriff’s Office said a white semi-truck, hauling a 53-foot box trailer, was travelling northbound and attempted to turn onto Snively Avenue when it smashed into the 53-year-old bicyclist.

One of the man’s arms was crushed by the truck’s tires. Witnesses were able to help the man and stayed with him until emergency crews arrived.

He was transported by air to Lakeland Regional Medical Center, where he was listed in serious but stable condition.

Investigators do not believe speed or alcohol played a role in the collision.

The crash remains under investigation.

Bicycling is a very popular sport, especially in the Tampa Bay area where the climate is mostly warm year round. Even commuting by bicycle has become increasingly common in the area. Despite whether you just ride your bike for exercise on the weekends or if you are travelling on your bike every day to get to work, you most likely know the many safety precautions you must take on the roadways, such as wearing a helmet, following traffic laws and keeping an eye out for all other drivers, cyclists and pedestrians sharing the road with you. However, even the safest bicyclist can find themselves involved in an accident that is not their fault. If a negligent motorist caused you to suffer injuries in a bicycle accident, a Tampa Bay Trucking Accident Lawyer at Whittel & Melton can help you obtain financial compensation through a personal injury lawsuit.

November 26, 2013

Tampa Bay Slip, Trip and Fall Injury Lawyer :: Beware Black Friday Shopping Hazards

by Whittel & Melton, LLC

The holiday shopping season has already begun, and the biggest shopping day of the year is just around the corner. Many stores this year across the United States and in Florida will open in the evening on Thanksgiving, creating even earlier black Friday sales. These sales draw in thousands of shoppers all hoping to take advantage of the early door buster sales. Due to such large crowds, shoppers need to be aware of the potential for slip, trip and fall accidents that can occur when hazardous conditions exist inside retail stores.

Many slip, trip and fall injuries occur when a liquid or slippery substance is left in an aisle. A fall from a wet or slick surface could cause serious head, neck, back or ankle injuries. Uneven flooring, ripped or torn carpeting, misplaced objects, broken and hanging signs and other dangerous conditions can cause slip, trip and fall injuries. Even though store owners and employers are extra busy during holiday sales, they still have a duty to make sure the store is left in a safe condition at all times, and should a dangerous condition exist, they must warn customers.

Determining Fault in a Slip, Trip and Fall Case

When a slip, trip or fall occurs on a retailer’s property, it must be shown that a dangerous condition caused the accident. Additionally, it must be proven that the store owner was aware of the danger and failed to take the necessary steps to remedy the situation. This dangerous condition or hazard must be something that poses an unreasonable risk and something that a person would not have anticipated.

Moreover, the injury must be a predictable result of the dangerous condition. When a spill is not cleaned up and no warning is provided to customers, it is likely that a shopper could slip, trip or fall. If the floor is uneven or carpeting is torn, again, it is probable that a customer might slip, trip or fall.

In order to recover financial compensation for a slip, trip or fall injury, it must be demonstrated that the store owner was negligent in failing to uphold a safe premise. When an accident happens because of a shopper’s carelessness, the store is generally not at fault.