Florida Personal Injury Lawyers Blog

November 28, 2018

State Lawmakers Push to Tighten Texting-While-Driving Laws

by Whittel & Melton, LLC

A deadly Sunday crash that killed a cyclist and injured six others in South Florida is sadly the latest reminder about the dangers of distracted driving.

Investigators are still working to piece together what happened, and state lawmakers are continuing their push to strengthen Florida’s traffic laws in the hopes of making people safer on the road.

And it’s not just lawmakers calling for change. Families who have lost loved ones are joining in the effort, saying the laws don’t do enough to crack down on texting while driving.

Legislation has been trying to enhance existing laws since 2015, but concerns about racial profiling and potential privacy issues have put the brakes on any substantial change.

Under the latest proposal, drivers could still use cell phones for navigation. To talk on their phones, however, they would be required to use a hands-free device.

Last year, state Sen. Audrey Gibson of Jacksonville, now the Senate Minority Leader, suggested that moving to hands-free devices would erase concerns about racial profiling.

Keeping with current law, the legislation allows for cell phone records to be accessed in cases dealing with deal or physical injury. That could curb some of the privacy concerns voiced in years past.

Though this year’s version of the bill has not been assigned to any committees yet, lawmakers will return to Tallahassee in December for the first rounds of committee hearings.

On highways, interstates and roadways throughout Florida, drivers who allow distractions to interfere with their driving cause serious accidents that can lead to fatalities. If you or a loved one has been injured in an accident caused by a distracted driver, you don’t need to go through this difficult time on your own. Our Florida Auto Accident Attorneys at Whittel & Melton can help.

We will investigate your case and determine if the other driver involved in your accident was using their cellphone or otherwise driving while distracted. We can use this evidence to establish liability, so that you can seek financial compensation for your losses.

November 26, 2018

Tampa Based Investment Fund Collapse Story Involves Jeff Vinik, Owner of Tampa Bay Lightning

by Whittel & Melton, LLC

James Cordier, head of a Tampa hedge fund with clients all over the world, has lost $200 million or more of clients money, which includes Tampa Bay Lightning owner Jeff Vinik.

Cordier founded OptionSellers, named for the financial tool that gives investors the right to buy or sell stocks or commodities at a fixed price.

In trading natural gas options for his clients this month, Cordier assumed that gas prices would drop because of a milder than expected winter. But on Nov. 14, natural gas futures shot up as much as 20 percent — the biggest gain in eight years — and wiped out all of his clients’ investments.

Many of Cordier’s clients also had retirement accounts with a New York brokerage and had borrowed money from those accounts to try to stem their option losses. Now those clients will have to pay back the brokerage.

Our Tampa Bay Negligence Attorneys at Whittel & Melton can help you notice when stockbrokers take unnecessary risks. When stockbrokers are negligent in upholding their fiduciary duty and provide risky investment advice to their clients people can lose large sums of money, as the above article shows. However, people should know that they have rights and recourse to hold negligent stockbrokers accountable for their failure to live up to their fiduciary duties.

Negligence that can lead stockbrokers to give unsuitable investment advice may include stockbrokers’:

Failure to thoroughly research an investment
Failure to disclose all of the potential risks associated with the investment
Failure to provide all material information related to a particular investment
Failure to provide unbiased investment advice, which could be a form of investment fraud
Failure to disclose the terms of credit when credit is used to purchase stocks, bonds or mutual funds

November 19, 2018

Thanksgiving 2018 Travel Safety Tips from Whittel & Melton

by Whittel & Melton, LLC

The Thanksgiving holiday will have over 54 million drivers hitting the road to visit with their families and friends. With an increased number of cars on the road, drivers, passengers, and pedestrians are at greater risk for being involved in a car accident resulting in serious physical injuries. Our Florida Auto Accident Injury Attorneys at Whittel & Melton have outlined traffic tips below to keep you and your loved ones from becoming another car accident statistic this holiday season.

Delete Distractions

Distracted driving is a leading cause of car accidents at any time of the year. When driving, even the smallest distractions can become disastrous. Some of the most common driving distractions include texting or talking on cell phones while driving, eating and drinking while driving and adjusting car radio or temperature control dials. Please keep your eyes on the road the entire trip and pull over when you must use your cell phone or interact with other passengers.

Travel Delays Will Happen

Speeding is another major cause of car wrecks. Anticipate that there will be holiday traffic, so plan ahead so you aren’t speeding to make it to Thanksgiving dinner. Allow yourself plenty of time to arrive at the destination without the need to break speed limits. You can even choose alternative travel days to avoid being on the road during peak travel days like Thanksgiving and the Wednesday before Thanksgiving.

Make Sure Your Vehicle is in Top Shape for Travel

Drivers and their passengers should always wear seatbelts and follow traffic safety rules. If an accident does occur, wearing a seatbelt can be the difference between a minor injury and a serious injury or even wrongful death. Infants and young children should be using properly installed car seats and pets should be adequately secured in the vehicle. Make sure your car has been properly maintained with adequate amounts of gasoline, oil, windshield wiper fluid, brake fluid and air in the tires. Turn signals, brake lights and headlights should be functioning properly, and if a service light is illuminated on the car’s dashboard, have the car checked out by a certified mechanic to make sure everything is safe before leaving for your destination.

November 7, 2018

Osceola County Deputy Involved in Fatal Crash, Crashes Again Near Orlando

by Whittel & Melton, LLC

A Florida sheriff’s deputy who was involved in a recent crash that killed a pickup truck driver has been involved in yet another collision.

The 29-year-old Osceola County Sheriff’s Deputy was cited for improper lane change on Tuesday.

Th deputy swerved into another car while trying to avoid traffic near Orlando, causing a three-vehicle crash. No one was injured in the crash.

On Oct. 5, the deputy didn’t stop at a red light and crashed into a pickup truck that then hit two other vehicles. The crash killed a 34-year-old man.

The deputy was placed on administrative during an investigation into that crash.

Car accidents can happen to anyone, even police officers. However, It is the duty of any operator of a motor vehicle to be alert and aware of all the motorists on the roadway. A safe lane change is one that is executed carefully, using turn signals, and checking side-view and the rear-view windows, always remaining aware of blind spots. If a driver fails to perform a lane change safely or engages in reckless driving and causes a collision, all injured parties are entitled to make a claim for damages against the at-fault driver.

If you or someone you love has been injured in a motor vehicle crash or lost a loved one because of a negligent automobile driver, contact our Florida Auto Accident Injury Attorneys at Whittel & Melton soon as possible following the accident to protect your right to a recovery. Florida has a relatively short statute of limitations, which is the time you are legally allotted to file a lawsuit to recover compensation, so it is important to act fast.

November 1, 2018

Boy Nearly Flies Off Carnival Ride in Pasco County

by Whittel & Melton, LLC

A Pasco County mom had a big fright last weekend when her son almost flew off a ride at The Arnold Midway set up in the Wiregrass mall parking lot.

Her son was on the Orbiter when she noticed something was not right. She noticed her child slipping and about to fly out of the ride. She ran over to the operator who stopped the ride before the child was harmed.

The ride remained open after he got off. A sticker on the side shows it passed it’s October 24 inspection by the Department of Agriculture aside from placing cart #10 out of service because of a cracked lap bar.

There have been reports in the past on people flying off of this specific ride.

If you suspect an issue with a fair ride, you can report it to the Department of Agriculture at 1-800-HELP-FLA or FloridaConsumerHelp.com.

Carnival and amusement park rides can and do happen. The Federal Consumer Product Safety Commission (CPSC) shows the following stats:

In 2004, carnival rides sent 2,500 people to hospital emergency rooms.
In 2006 approximately 8,800 people were injured on amusement park rides.
From 1987 to 2000, 51 people were killed on amusement park rides. Roller coasters accounted for 16 deaths and whirling rides accounted for 11 deaths.
Children represent about one half of those injured by amusement park rides.
Kids between 10 and 14 years old sustain the most injuries of any age group.
Children are victims in 75% of accidents involving rider falls or forceful ejection from the ride.

Amusement parks and carnivals can be so much fun for young children. Families flock to these amusement parks for adventure, excitement and fun. However, not all rides are truly safe and not all ride operators are trained properly or paying careful attention. Amusement park ride safety is especially important for children, who represent half of those injured or killed in amusement park ride accidents.

October 31, 2018

3-Year-Old Shot in Head During Road Rage Incident in Orlando Area

by Whittel & Melton, LLC

A 3-year-old is in critical condition after being shot in the head during a road rage incident.

Port St. Lucie police say the toddler is a victim of a shooting incited by road rage. The child was airlifted to St. Mary’s Hospital in critical condition.

Police say the incident happened at 1000 Southeast Bywood Drive around 2 a.m on Sunday.

Most car, truck and motorcycle accidents are just that – accidents. However, sometimes deliberate acts of drivers cause collisions. Drivers in the Orlando area should be familiar with the term road rage, as it is to blame for numerous unnecessary and avoidable crashes.

There are multiple signs of road rage, including:

Tailgating another driver
Deliberate acceleration or deceleration too close to another vehicle
Cutting-off of another vehicle
Slamming on brakes in front of another car
Unsafe lane changes
Constant honking of horn
Displaying inappropriate hand signals or yelling at another driver

Road rage and aggressive driving contribute to hundreds of accidents every year. Sadly, innocent victims can get in the way of a driver’s road rage, as this case shows. If you find yourself caught in the midst of a road rage incident, the best thing you can do is allow the other driver as much space as possible in order to avoid an unnecessary collision. If at all possible, get out of the way of aggressive driver so that you can protect yourself and your passengers.

October 23, 2018

Update: Man who Sexually Abused Teen on Carnival Ship Gets 10 Years

by Whittel & Melton, LLC

A Jacksonville man convicted of aggravated sexual abuse on an 18-year-old woman while aboard a cruise ship was sentenced Monday to 10 years in prison.

The 23-year-old was convicted in March after 90 minutes of deliberation. He did not testify.

During the cruise aboard the Carnival Elation, the man was in a hot tub with a number of people, including a young woman with the mental capacity of a 12-year-old. He touched the woman over her bathing suit and groped her under the water.

The victim left the Jacuzzi and immediately reported what happened to her grandmother, who reported it to ship security.

When the man is released from prison, he will be a registered sex offender.

The sad truth is that sexual assault is the number one crime aboard cruise ships. They are also the most underreported to the public, so when cruisers book their vacation at sea, being sexually assaulted or raped rarely crosses their mind. This only makes innocent vacationers more vulnerable to perpetrators who commit these crimes on the high seas.

October 22, 2018

Florida Clergy Sex Abuse Lawyer : St. Petersburg Diocese Responds to Abuse Scandal with New Accountability Website

by Whittel & Melton, LLC

The Diocese of St. Petersburg has launched a new website in response to the latest Catholic church’s sexual abuse scandal.

The site boasts the biblical words: “Each of us shall give an account to God.”

The local diocese established the site last month, following the release of a Pennsylvania grand jury report about the molestation of more than 1,000 children by at least 300 Catholic priests and the cover-up by church officials.

On the new site, Bishop Gregory Parkes addresses the crisis in a two-minute video that seeks to assure his flock of almost half-million Catholics in Pinellas, Hillsborough, Pasco, Citrus and Hernando counties that the diocese has established a firewall of safeguards.

Parkes said the new “accountability” site was set up to provide “resources and information on how we are accountable to you, the people of God.”

The website, which links to a list of “credibly accused” priests and lay persons, states how much has been paid out to victims — $6.3 million since the diocese was founded in 1968. The site also has a link encouraging prayers, in keeping with Parkes’ request that parishioners pray for all who “have been wounded by crimes of abuse” and for “the priests and bishops who have justly served with compassion and kindness.”

It also addresses safeguards such as mandatory background screening and fingerprinting for those who work with minors and vulnerable adults.

Earlier this month, Parkes posted a letter to the new site following State Attorney General Pam Bondi’s announcement that she was launching an investigation into how Florida’s Catholic dioceses have handled allegations of sexual abuse of minors. The bishop said his diocese has been transparent and pointed to the list of accused priests on full display on its website. The list names nine priests and five employees.

It is the church’s responsibility to supervise all of its clergy, priest and religious leaders. When they fail to do so, this negligent supervision can result in a child being sexually assaulted. When children are not protected from sexual predators in a church setting, this can result in a legal claim against the religious institution.

If you know of or suspect any type of sexual abuse happening in your church, school, or workplace, please report it to the proper authorities. You can also contact our Florida Clergy Sexual Abuse Attorneys at Whittel & Melton for free guidance on what steps to take next. We are experienced at handling sexual abuse cases against various religious institutions, including the Catholic Church, the Baptist Church, the Episcopal Church, The Church of Jesus Christ of Latter Day Saints (Mormons), and Judaism.

October 15, 2018

Orlando Hotel Barback Says Hotel Owes Him Unpaid Overtime Wages

by Whittel & Melton, LLC

A barback/bartender has filed a class action lawsuit against a hotel, alleging breach of an employment contract for unpaid wages.

The man, on his own behalf and on behalf of those similarly situated, filed a complaint Sept. 20 in Orange County Circuit Court against Rosen Hotels and Resorts Inc., alleging violation of the Fair Labor Standards Act.

According to the complaint, between June 2015 and April 2018, the man worked for Rosen and was paid by an hourly rate. He alleges he and his class of employees were full-time employees and typically worked 40 to 50 hours per week.

However, the suit says, the man and his class were paid incorrectly as they were not compensated at a rate of one and one half full minimum wage for all hours worked beyond 40 per week, less the tip credit. He alleges Rosen Hotels and Resorts failed to compensate employees properly for hours worked in excess of 40 in a workweek as required by the FLSA.

There are many regulations for wages and hours specified in both federal laws and Florida state laws. If you believe you are not being paid the overtime you deserve, consult with our knowledgeable Orlando Unpaid Wage & Overtime Attorneys at Whittel & Melton about your rights. You may find that there are many more employees at your company who are experiencing the same overtime wage deficits. If so, we can file a class action lawsuit to help you get justice.

October 9, 2018

Limousine Crash in Upstate New York Leaves 20 Dead

by Whittel & Melton, LLC

A limo carrying several couples to a birthday party failed to stop at an intersection in upstate New York and struck a parked vehicle, killing 20 people in the deadliest transportation accident in the United States in nearly a decade.

The 2001 Ford Excursion limo was traveling southwest on State Route 30 when it blew past a stop sign at the intersection with State Route 30 A and collided with an SUV in a parking lot shortly before 2 p.m. Saturday in Schoharie, New York.

All 18 people in the limo, including the driver, were killed. Two pedestrians near the unoccupied, parked 2015 Toyota Highlander were also killed.

It is not yet clear whether the 2001 Ford Excursion limousine had any mechanical issues that may have contributed to the limo accident. It is important for investigators to gather as much evidence as possible to assist the families of the victims with pursuing wrongful death claims. A wrongful death claim holds those responsible for the accident accountable, and awards financial compensation for the loss of a loved one.

Wrongful death claims also seek to make impactful changes when it come to safety procedures. Whether it’s adding seat belts, mandating their use, or improved training of limousine drivers, a wrongful death claim can make a difference. The goal is to make sure that accidents like this one are avoided in the future.