Hillsborough County

September 22, 2012

Construction Worker Rescued from Tampa Accident Site :: Whittel & Melton

by Whittel & Melton, LLC

A man was airlifted to a local hospital in Tampa Friday morning after firefighters rescued him from a construction accident under the Interstate 75 overpass.

The man was apparently working on the construction site when an unknown accident took place around 11 a.m.

He was apparently working in a 9-foot deep ditch when the wet dirt gave way and buried him.

His current condition is unknown.

Construction workers have one of the most dangerous occupations in the United States. According to the Occupational Safety and Health Administration, one in ten construction site workers are injured on the job every year across the U.S. In fact, there are nearly 150,000 construction site accident injuries every year, according to the Bureau of Labor Statistics. If you were injured while working on a construction site, you may be able to seek financial compensation for damages.

While injured construction workers may face limited rights under the state of Florida’s Worker’s Compensation Laws, there are ways to obtain compensation from the negligent parties that contributed to your injuries. When an accident on a construction site occurs, the owners, architects, insurance companies and manufacturers of equipment may be held accountable for failing to supply workers with a safe environment. In general, the contractor and any subcontractors are required to supply workers with a reasonably safe site, free from hazardous objects and toxic substances. Additionally, they must properly train all employees, enforce building safety codes, warn all employees of any danger zones and coordinate job safety. Despite various safety regulations, workers face many risks when on construction sites resulting in numerous injuries every year.

Many serious work-related injuries are due to falls from great heights. However, even something as minor as tripping over a misplaced piece of piping can deliver devastating injuries. The most common construction site injuries include:

• Broken Bones or Fractures
• Traumatic Brain Injuries
• Spinal Cord Injuries
• Burn Injuries
• Electrocution
• Amputation
• Scarring and Disfigurement
• Wrongful Death

August 3, 2012

Tampa Bicyclist in Critical Condition after Being Hit by Car :: Whittel & Melton

by Whittel & Melton, LLC

A 22-year-old Tampa bicyclist was rushed to the hospital Wednesday night after sustaining critical injuries in a collision with a car.

The man was riding his bike around 11:15 p.m. when he apparently rode into the path of a Honda driven by a 23-year-old Tampa woman.

The Honda hit the bicycle head-on. The driver was uninjured in the crash.

The man remained in critical condition at St. Joseph’s Hospital Thursday morning.

When cars collide with a bicyclist or pedestrian, the results can be tragic. When walking or traveling on a bicycle, you do not have the same structural protection that cars offer, so you are more likely to suffer severe injuries should an accident happen. According to the National Highway Traffic Safety Administration, 51,000 bicyclists were injured across the United States in 2009 and another 630 were killed.

Unfortunately, most motorists in Florida fail to recognize that bicyclists have the same rights and responsibilities as other motor vehicles on the roadway. That is why drivers must pay attention to their surroundings and respect the rights of cyclists before executing driving errors that can place bikers and pedestrians at an increased risk for injury or death.

A bike vs. car accident can be a terrifying experience to endure and the injuries involved may be exceptionally painful. There are numerous injuries that a cyclist may suffer due to an accident with a car, including:

• Concussions
• Traumatic Brain Injuries
• Broken or Fractured bones
• Spinal Cord Injuries
• Neck and Back Injuries
• Paralysis
• Wrongful Death
Every six hours in the United States a cyclist is fatally injured. Head injuries account for 75 percent of all bicycle collision injuries and deaths. Sadly, reckless or negligent drivers are usually responsible for most bicycle accidents. Cars and trucks are no competition for bicycles, and drivers must be held accountable for the injuries that they cause.

April 4, 2012

Tampa Motorcycle Injury Attorneys Whittel & Melton :: Apollo Beach Motorcyclist in Critical Condition Following Crash with 100-Year-Old Driver

by Whittel & Melton, LLC

A 22-year-old motorcyclist remained in critical condition Tuesday afternoon after being involved in a collision with a 100-year-old driver.

The Florida Highway Patrol claims a 2003 Buick Century made a left turn into the motorcyclist’s path.

The 22-year-old was ejected from his motorcycle and taken to Tampa General Hospital.

The Buick’s driver, apparently born in 1911, suffered minor injuries.

No charges have been filed as of yet. The investigation is pending.

The sunny, warm climate of Florida tends to entice a large number of motorcycle enthusiasts each year. However, when the number of motorcycles on the road is increased this invariably leads to a surge in motorcycle collisions. Many factors can contribute to a motorcycle crash, including:

• Weather Conditions
• Speeding
• Riding Skills
• Road Hazards
• Reduced Visibility

Motorcycle accidents often leave passengers with severe injuries due to the lack of standard safety features that other passenger vehicles are equipped with. Motorcycles are not outfitted with the protective metal frame, safety belts and airbags that provide safety to occupants of passenger cars, so motorcyclists likely experience catastrophic internal, brain and spinal cord injuries when involved in a wreck. These severe injuries can wind up costing you a substantial amount of time and money to recover from, and you may be unable to cover the cost of your medical bills due to time missed from work.

The Florida Motorcycle Injury Attorneys at Whittel & Melton know the financial difficulties many motorcycle injury victims face following an accident. You may require assistance to carry out daily tasks and be physically unable to work. You could be facing the stress of recovering from your injury, while at the same time trying to figure out how to cover household costs. At Whittel & Melton, we strive to help those injured in accidents recover financial compensation from the liable party. We can investigate your accident claim and put our resources at work for you while you focus on your road to recovery.

November 28, 2011

Tampa Pedestrian Wrongful Death Attorneys Whittel & Melton :: Woman and Unborn Baby Killed in Pedestrian Car Wreck; Toddler in Critical Condition

by Whittel & Melton, LLC

A 27-year-old Tampa, Florida woman and her unborn baby were killed Wednesday night after a car struck them from behind.

The woman and her unborn baby were taken to Tampa General Hospital where doctors performed an emergency cesarean section, but the baby died shortly after birth. The woman was pronounced dead at the hospital.

The woman, who was six months pregnant was supposedly with a 24-year-old woman pushing their baby girls in strollers down an unlit street Wednesday night when they were struck from behind by a car.

The 27-year-old woman and her 14-month-old daughter were transported by helicopter to Tampa General where the girl was being treated for life-threatening head and lung injuries. As of Thursday morning, the toddler was in critical condition.

The 24-year-old woman and her 22-month-old daughter were in stable condition at St. Joseph’s Hospital. The woman suffered a cut to the head and a knee injury, while her child suffered
superficial injuries.

The accident supposedly occurred at 7:44 p.m. on a stretch of road that has no sidewalk with the nearest street lights almost a block away.

According to police, the two women and their toddlers were hit by a 1999 Lincoln Continental as they crossed the street.

The front of the man’s car struck all four pedestrians. The man allegedly pulled over immediately and dialed 911.

The 25-year-old driver apparently did not see the pedestrians.

Tampa police allege the man was not speeding and had his headlights on. Blood was supposedly drawn from the driver at the scene as a matter of routine investigation.

The area where the tragic collision occurred is supposedly a known trouble spot. The accident has prompted the Tampa City Council to take action on what it can do to put in sidewalks.

The driver has supposedly received two speeding tickets within the past year, a seat belt violation and a conviction for failing to stop at a traffic sign or device, according to the Florida Department of Highway Safety and Motor Vehicles.

According to the Pedestrian and Bicycle Information Center, 4,092 lives were lost in pedestrian motor vehicle accidents in 2009. While the number of pedestrian deaths fell from 5,228 fatalities in 1998 to 4,092 in 2009, that number translates to almost 11 deaths every day of the year. According to the National Highway Traffic Safety Administration, in 2009 a pedestrian accident was reported every nine minutes on average, totaling 59,000 injuries.

Motorists must exercise reasonable care when behind the wheel of an automobile. A failure to do so is considered negligence. Driver negligence can occur due to several factors, the most common being:

• Inattentiveness
• Failure to follow posted speed limits
• Failure to yield the right of way to pedestrians
• Disobeying traffic signs or signals
• Failing to signal when executing a turn
• Paying no mind to traffic and weather conditions
• Driving under the influence of drugs or alcohol

A person suffering injuries from a pedestrian accident may be able to recover damages for past and future medical expenses, wage loss and pain and suffering. If the driver exercised extreme negligence, then punitive damages may also be sought. If a pedestrian dies, family members are entitled to recover compensation for their loss.

Despite how obvious a pedestrian accident was a driver’s fault, insurance companies almost always try to blame at least part of the fault on an injured party. For this reason, it is critical to act promptly and contact a Florida Pedestrian Accident Attorney so that crucial evidence can be preserved and that you and your family’s rights remain protected.

October 27, 2011

Tampa, FL Back-Over Accident & Injury Attorneys Whittel & Melton :: Young Girl Backed Over By Minivan Taken to Hospital

by Whittel & Melton, LLC

A one-year-old girl was taken to Tampa General Hospital Tuesday afternoon to be checked for injuries after she was trampled over by a minivan.

The 22-month-old child was supposedly standing on the porch of a Tampa, Florida home when the driver, a 28-year-old woman, got into her Chrysler minivan around 2:30 p.m.

Shortly after entering her van, the woman allegedly backed away from her home without noticing the child had toddled behind the vehicle.

The girl had no visible injuries, but was taken to the hospital to be checked out. She was supposedly alert and crying.

Investigators have preliminarily ruled the incident as an accident, according to the St. Petersburg Times.

In most back-over accidents the victims tend to be the elderly and young children. According to KidsAndCars.org, in the United States at least 50 children a week are involved in a back-over accident, 48 are treated for injuries in an emergency room and at least two are fatally injured. The National Highway Traffic Safety Administration evaluates that 292 deaths occur from back-over accidents yearly. Children less than five years old make up more than a third of those lives lost. More than one in four of back-over fatalities include those over 69. These two groups comprise almost a third of back-over fatalities.

Back-over accidents can cause serious injuries and even wrongful death. According to a study conducted by the Centers for Disease Control the percentages of the most common injuries from back-over accidents include:

• Contusions and Abrasions – 56%
• Leg and Arm Injuries – 53.6%
• Head, Face and Neck Injuries – 28%
• Fractures and Internal Injuries in Children Under 4 – 39.5%
• Fractures and Internal Injuries in Ages 10-14 – 17.5%

Collisions like back-over accidents can be highly emotional for families since a wide percentage of victims are children, and in many cases the driver is a relative, family friend or neighbor. According to the Insurance Institute for Highway Safety, 86 percent of drivers that hit children in a driveway back-over accident are friends of the family or family members. The Florida Back-Over Accident & Injury Attorneys at Whittel & Melton know that back-over accidents can be traumatic for everyone involved. Our staff can offer you and your loved ones the compassion you need during troubled times as well as the comprehensive legal advice and persistent representation needed for a personal injury or wrongful death case in the state of Florida.

October 2, 2011

Tampa, FL Car Accident & Injury Lawyers Whittel & Melton :: Angry Driver Unleashes a Bad Case of Road Rage During Afternoon Rush Hour

by Whittel & Melton, LLC

A 54-year-old Tampa, Florida man is accused of partaking in some angry and aggressive driving after work on Monday afternoon.

According to reports, the man decided to take matters into his own hands because he was upset about “getting run off the road.”
According to WTSP.com, the man rammed a marked Tampa Airport Police cruiser before leading additional officers trailing him on a 3 and half mile chase in his 2007 Ford Mustang. Police reports allege the man hit at least five other motorists intentionally along the way.

When the man finally stopped his car, he supposedly climbed on top of his Mustang and began jumping from car to car, and then attempted to direct traffic.

Streams of phone calls were made by victims and witnesses to 911.

Tampa Police finally caught the man around 7:30 p.m. He allegedly stabbed an officer with his car keys before he was taken down.

The man was charged with two counts of aggravated battery on a law enforcement officer, obstructing an officer with violence and 16 counts aggravated battery with a deadly weapon for each time he slammed his car into someone else’s vehicle.

It was not reported whether anyone was seriously injured during the incident.

The man was taken to Falkenburg Road Jail with bail set at $142,500.

Road rage can result in more than just property damage and personal injury. It can lead to all kinds of problematic situations, and even end with criminal implications. While the man in this case was arrested on criminal charges, any victims suffering injuries from his intentional aggression on the road have the option of further pursuing their injury claim in civil court to recover punitive damages. Punitive damages can be sought as a means to punish the wrongdoer when his or her actions demonstrate a willful wrongdoing despite possible penalties.

Unfortunately, road rage is an all too common problem throughout the United States. Many drivers take out their stress, anxiety and anger on other drivers without realizing the danger they pose to other motorists. In a study conducted by the AAA Foundation for Traffic Safety, it was found that more than 1,500 people are injured or killed every year as a result of road rage or aggressive driving. Dangerous driving is indeed a form of negligent or reckless behavior, which is unacceptable under any circumstances. Those who are careless of others safety on the roadways must be held accountable. If you have suffered injuries due to an accident involving road rage, you can count on the Florida Car Accident & Injury Lawyers at Whittel & Melton to be on your side and fight for what you rightfully deserve.

Road rage accidents can often take drivers by surprise, but there are ways to tell if road rage played a part in your wreck. Noticeable signs of aggressive driving include obscene gestures, flashing headlights, deliberate destruction of other cars and verbal or physical abuse. If you noticed any of these signs in your accident, or if evidence points to aggressive driving, you may have grounds for a personal injury claim.

June 13, 2011

Tampa, Florida Burn Injury Attorney :: Four Victims Sustain Burn Injuries after a Flaming Banana Dessert Catches Fire at a Palm Harbor, FL Restaurant

by Whittel & Melton, LLC

A bananas foster dessert at a Palm Harbor, Florida restaurant caught fire and resulted in four people suffering burns ranging in severity. A 25-year-old woman was taken to the hospital after allegedly suffering first-and second-degree burns along with a 56-year-old woman suffering respiratory burns.

According to Florida Today, two other individuals suffered burn injuries, but refused medical attention.
The Palm Harbor Fire Rescue said the 151 alcohol that is poured into the dessert ignited and splashed the four customers.

The restaurant, located in northwest Tampa, did not comment on the incident.

Under the Florida premises liability injury laws, the victims of these restaurant burns could receive compensation for their sufferings. The amount of compensation in these types of claims is associated with the severity of the burn, the total amount of medical bills and if there is permanent scarring. Lost wages can also be included in the injury claim if the victims lost time at work.

When suffering a burn injury like the individuals in this case, it is extremely important to speak with an experienced attorney immediately after the accident occurs as there are many steps to take now to assist with your claim, such as notifying the restaurant about the claim, finding out the restaurant’s insurance information, as well as taking pictures of the burn. It is important to note that many times burn injuries go away, so taking good photographs of the injuries suffered right away is ideal.

May 16, 2011

Tampa, Florida Dog Bite Lawyer :: Pit Bull Attacks Toddler, Later Stabbed and Euthanized

by Whittel & Melton, LLC

An 85-pound pit bull mastiff mauled a two-year-old girl’s face and upper body after she reportedly tried to feed it a treat. The unneutered dog named Fresh, was euthanized by Hillsborough County Animal Services after the dog’s owner stabbed the dog in the face to allegedly get him off of the toddler.

The child was taken to a local hospital where her conditions are unknown. A man and woman suffered injuries on their arms from the attack.

Officers cited the owners because they could not show proof of the dog’s vaccinations or tags. Officers said that charges are unlikely to be filed since the attack happened to a family member and not a stranger.

No previous problems with the dog or its owners were reported.

In the 3-year time frame of 2006 to 2008, pit bull type dogs reportedly killed 52 Americans and accounted for 59 percent of all fatal attacks. Together, pit bulls and rottweilers accounted for 73 percent of these deaths. Each day, an estimated 1,000 Americans need emergency care treatment for dog bite injuries. Through a compilation of U.S. and Canadian press accounts between 1982 and 2010, Merritt Clifton, editor of Animal People, named pit bulls, rottweilers, presa canarios and their mixes as the breeds most liable for serious injuries and death.

Dogs that bite are a liability to their owners and can pose dangerous threats to other people. Most states have comprehensive laws pertaining to dog bites and dangerous dogs, and Florida is no exclusion to these regulations. Florida’s law, “Damage by Dogs” makes it clear that a dog owner is responsible for any and all destruction that arises from a dog biting an individual, whether in public or private. This includes the dog owner’s home. This accountability can be reduced if the bite happens because of the victim’s negligence or taunting. Any injuries the dog in question inflicts on other persons, livestock or domestic pets, is an owner’s legal responsibility.

Local governments in Florida can enact their own regulations, which can differ by city and town. Unlike other states that may let owners off the hook for first time dog attacks, Florida law has no tolerance for vicious dogs, first time offenders or not. This means that if a victim is harmed because of a dog attack, the owner may be liable for present and future medical bills, present lost wages and future earnings, present and future damages relating to pain, scarring and even psychological suffering and property destruction.

April 1, 2011

Tampa, Florida Accident Attorney :: Construction Worker Stuck in Cement Hopper in North Hillsborough County

by Whittel & Melton, LLC

Hillsborough County Fire rescue responded to a construction scene in Lutz, Florida Monday where a worker fell into a cement hopper that trapped his arm and shoulder. He was transported to Tampa General Hospital with non-life threatening injuries.

Fourteen firefighters responded to the scene at 2:37 p.m. According to MSNBC, the man’s arm and shoulder were freed by 3:37 p.m. after the cement mixer was disassembled.

A surgeon was flown to the accident site as a precaution.

Property owners, developers, and construction managers have a responsibility to keep their buildings and properties safe from issues that could cause an accident to an employee or visitor. This means equipment needs to be maintained, debris or materials must be stored safely so that slip and falls do not happen, toxic substances or hazardous objects should not be on site, all employees hired need to have proper training, proper building safety codes should be enforced and everyone on site from employees to visitors should be notified of unsafe areas within the vicinity of the property.

Through the state of Florida’s worker’s compensation laws, most employers must provide proper coverage for workers’ by paying into the Worker’s Compensation Insurance Program to protect their workers. Eligibility for worker’s compensation benefits depend on if the employee in question can prove they were injured on site during their term of employment. If injuries prove to be work-related then the employee can be compensated for lost wages and medical bills.

The man featured in this story could recover from third parties outside of the workers compensation system depending on what caused the injuries sustained. Accidents involving a construction site can be convoluted because of the many contributors implicated in the construction site including the owner, the general contractor and multiple subcontractors. If the injuries are caused by faulty machinery, the manufacturer of the flawed equipment may also be responsible for the damages.

March 18, 2011

Tampa, Florida Premises Liability Lawyers :: Two Adults Injured When Apartment Stairway Collapsed

by Whittel & Melton, LLC

Two individuals suffered non-life threatening injuries Tuesday night when a wooden staircase between the first and second floor gave way at a Palm River apartment complex.

Hillsborough County Fire Rescue transported the two adults to a local hospital, according to the St. Petersburg Times.

A ladder truck escorted four adults, three infants and one family dog safely off of the second floor.

County code enforcement is further exploring how the collapse happened.

According to a Harvard University renter demographics study, 80 percent of Americans aged 29 and under rent homes. While the number of renter’s shows a trend of declining with age, 4.1 million households aged 65 and above fall within the home renter category. Property owners are responsible for injuries that occur on their property such as negligence or communication errors on their part. Any person or organization that owns a property has a legal obligation to keep the area free from hazards or notify the public if there is a hazard that cannot be fixed right
away.

Property owners have a duty to provide reasonable accommodations for tenants and to examine, preserve and restore all dangerous areas routinely. In this case, the two injured adults could possibly file a premises liability lawsuit against the apartment complex owners for the negligence of maintaining the property. Since the adults were sent to the hospital for suffering injuries, whether they are permanent ones or not, they could be compensated for any medical expenses, lost wages and any additional pain and suffering that is endured.