Lakeland Florida Injury Lawyer Blog

Maria Antonette Bennett, 40, of Lakeland, FL was involved in a Bicycle Accident on the evening of April 28, 2009.  According to the Lakeland Ledger, Bennett was traveling on her bicycle from west to east across North Florida Avenue in Lakeland, FL, when she ran into the right side of a Honda vehicle traveling northbound on North Florida Avenue. 

Bennett was ejected from the bike and flew onto the hood of the Honda, which was driven by Harrell Lennoris Leonard, age 51. Her body was then thrown onto the curb approximately twenty-five feet away. Leonard skidded to an abrupt stop with the bicycle tangled underneath his vehicle.

Bennett was rushed to Lakeland Regional Medical Center with serious injuries. She was pronounced dead nearly five hours later.

The incident remains under investigation.  At this time, investigators suspect Bennett may have been under the influence. She was not wearing a helmet.

According to the U.S. Office of Health, Safety & Security, the six most common causes of bicycle accidents are:

(1) Bicyclist traveling on the wrong side of the road
(2) Vehicle makes an unsafe turn
(3) Bicyclist traveling into the path of a vehicle from a driveway or sidewalk
(4) Auto driver opening door while bicycle passes
(5) Bicyclist weaving or leaving the edge of the road/bike lane

The U.S. Center for Disease Control and Prevention estimates approximately 66.9 million Americans ride bicycles and reports more than 600,000 emergency room visits annually secondary to bicycle-related injuries.  Of those injuries, 824 result in death. The primary cause of death is due to head injuries, which account for 60% of all deaths. 

Although the use of a bicycle helmet has been proven to reduce the risk of head injury by nearly 80%, studies show that only 19% of adults and 15% of children actually use a helmet!

In these hard economic times, many are relying on a bicycle as their primary means of transportation.  In my practice as a personal injury attorney in Polk County, Florida, I have seen many traumatic head injuries and deaths sustained in bicycle incidents.  Just as the use of a seat belt is a critical safety tool when operating a vehicle, so is the use of a bicycle helmet. Invest in a helmet. Remember, there is no greater investment than your life!

Antwan Nelson, 21, of Lakeland, FL was charged with the murder of Auntrey Jones of Ft. Meade, FL.  After four hours of deliberation, a jury returned a verdict, finding Nelson guilty of first-degree murder, robbery and attempted robbery. Polk County Circuit Judge, J. Michael Hunter later sentenced him to life in prison.

According to a recent article in the Lakeland Ledger, Nelson and his co-defendant, James Bell were working together to rob a man at gunpoint while driving in a car on the evening of July 27, 2008.  After successfully robbing Lachaz Clark, they then drove on and attempted to rob twenty-year-old Auntrey Jones.  Jones received a gunshot to the chest and died from fatal injuries at Seminole Avenue South and Southwest Eighth Street in Fort Meade, FL.

Nelson, who was driving the getaway vehicle, then led police on a high-speed chase. He pleaded guilty to fleeing and eluding police but maintained his innocence throughout the trial on all other charges.

Pursuant to Florida Statute 768.0710(2) , a civil action for negligence may be brought against a property owner where the business owner fails to exercise reasonable care in the maintenance, inspection, repair, warning or mode of operation of the business premises. A party may have a claim against a business entity if its actions or omissions result in injury or damage.

While this article is silent as to the exact location of the shooting, a negligence action may exist if the incident occurred on business property. Unfortunately, it is often assumed that the only legal remedy in such cases is within the criminal setting. As a personal injury lawyer practicing in Polk County, FL, I have assisted victims of crimes in bringing civil claims against property owners. Businesses have a duty to act reasonably where there is a foreseeable threat of harm to their patrons. A breach of that duty may constitute negligence.

According to a recent study by the U.S. National Institutes of Health, 85% of all individuals involved in car crashes suffer from whiplash.  Whiplash is defined as a soft tissue injury to the neck, predominately caused by sudden extension and flexion.  Those who suffer from whiplash can experience pain immediately following a collision. In some cases, it may take several days before the pain sets in. 

A recent article published by the National Institute of Neurological Disorders and Stroke indicates that this disorder affects the cervical discs, intervertebral joints, cervical muscles, ligaments, and nerve roots. Common symptoms include neck stiffness, headaches, dizziness, burning or tingling sensations, shoulder pain and back pain.  Additionally, patients suffering from whiplash may sometimes experience memory loss, difficulty concentrating, irritability, nervousness, difficulty sleeping, fatigue, and depression.

Physician-based care and rehabilitative programs are available, which aim toward improving whiplash symptoms.  Treatment may include a cervical collar, pain medications, anti-inflammatory medications, muscle relaxants, and antidepressants. Rehabilitative plans may involve range of motion exercises, physical therapy, and cervical traction.

In my practice as a Polk County, FL personal injury lawyer, the majority of clients I represent suffer from neck pain. Sadly, some clients are unaware of their right to medical treatment. Pursuant to Florida Statute, 627.7407, individuals injured in a motor vehicle accident may make an insurance claim to receive medical treatment for the injuries sustained as a result of the automobile accident. 

If you have been injured in a car crash, it is critical that you immediately seek treatment for your injuries. When reporting your accident to your insurance carrier, beware of the "recorded statement." Insurance carriers frequently record the claimant's statement over the phone. This may have negative consequences in the future. The hiring of a lawyer is necessary to protect your rights throughout the entire process.

Alex Houghton, 19, of Bartow, FL, was killed in a car crash on April 12, 2009. Three other teens, including Alex's 17-year-old brother, Michael, sustained serious injuries in the crash.  According to the Lake Wales News Article, the accident occurred at approximately 5:40 p.m. when the 1995 Nissan Pathfinder in which the teens were traveling, failed to negotiate a curve on State Road 60 between Mulberry and Bartow, FL. The SUV traveled onto the grass median and rolled over several times before coming to final rest. All four teens, none of whom were wearing seat belts, were ejected from the vehicle. For this reason, the Sheriff's Office has been unable to identify the driver of the vehicle at this time.

Alex Houghton and his brother, Michael, were flown to Tampa General Hospital. Alex did not survive his injuries. Michael remains in critical condition. Jeremy Bostick, 19, of Bartow, FL and Tashan Lowe, 17, were taken to Lakeland Regional Medical Center with serious injuries.

Seat belts use is critical for practical reasons. According to the Florida Department of Motor Vehicles, you are much more likely to be killed if you are not wearing a seat belt.  Seat belts protect occupants from being ejected, where the risk of death is five times greater.  

There may also be legal repercussions. Pursuant to Florida Statute, 316.614, it is unlawful to operate a motor vehicle without a seat belt. All passengers under the age of 18 are required to wear a seat belt. While the law further states that failure to use a safety belt does not constitute negligence in and of itself, it may be considered evidence of comparative negligence in a civil proceeding. This has further been supported by the Florida Supreme Court, who held in Ridley v. Safety Kleen Corporation, 693 So. 2d 934 (Fla. 1996) that a jury may be informed that the violation of a traffic regulation mandating the use of a seat belt constitutes evidence of negligence that may have contributed to the plaintiff's injuries.

This is known throughout Florida as the "Seat belt Defense." It essentially raised by defendants to persuade the jury that the plaintiff's injuries, though caused by the defendant, were aggravated by his or her failure to wear a seat belt. As such, the jury is required to determine the defendant's percentage of fault. If a jury comes back with a 50% liability verdict for the defendant, the defendant is only required to pay 50% of the plaintiff's damages.

Vanessa Davidson, 21, of Seebring, FL and her six-month-old daughter, Kaylen Davidson are at Lakeland Regional Medical Center tonight after sustaining serious injuries in a car crash on U.S. 27 in Frostproof, FL.

According to Tampa Bay Online, Davidson was traveling southbound on U.S. 27 in a 2005 Chevy Cobalt when she struck a 1995 Dodge Caravan, driven by William Ruester, 86, of Avon Park, FL. Ruester, who was traveling northbound on U.S. 27, was attempting to turn left onto Charles Street when he turned in Davidson's path.

Ruester and his passenger Costance Peiffer, 81, of Avon Park were also transported to Lakeland Regional Medical Center in critical condition. 

Because the collision remains under investigation, it is not clear if any of the drivers will face charges.  In this instance, the left front of the Caravan struck the right front of the Caravan. This is commonly referred to as a T-Bone Collision.

As a personal injury lawyer in Polk County, Florida, I have represented many clients involved in T-Bone accidents. Sometimes the client was cited in the accident for making an improper left turn or failing to yield.  Nonetheless, the client may have a claim against the other driver. Depending on the severity of the injuries and the extent of property damage, it could be argued that speed played a significant factor in the crash.

Jim Key of Winter Haven, FL is in good spirits after nearly loosing his right leg in a hit-and-run motorcycle accident.  According to a News Chief Article, Motorcyclist home from hospital following Feb. 9 hit-and-run accident, Jim Key was the victim of a hit-and-run crash on February 9, 2009.  Key was taking his lunch break from his job at Auto Pros, Inc. in Winter Haven.  His motorcycle was exiting the parking lot on Recker Highway when an unknown driver slammed into him while turning left onto Recker Highway from Avenue G, N.W. 

Key was airlifted to Tampa General Hospital in Tampa, FL with severe injuries to his right leg.  He underwent a lengthy surgical procedure to reattach his lower leg muscles to bone and restore the main artery. He was hospitalized for one month and underwent three weeks of physical therapy. He received warm welcomes from fellow co-workers this Tuesday as he returned to Winter Haven.

 
Key still has a long road ahead of him.  It will be six months before he can walk again.  He is taking a blood thinner medication and must undergo regular blood draws. 
The driver responsible for the collision was arrested February 12, 2009 and charged with leaving the scene of an accident with serious bodily injury. 

 
This is a good example of why it is important to purchase Uninsured Motorist (UM) coverage, which is an optional coverage in Florida.  Many times, accident victims sustain serious bodily injuries but are unable to recover for their injuries because the negligent party is uninsured. 
UM coverage is a valuable coverage that allows injured victims to recover against their own policy. It compensates victims where the negligent party is uninsured or underinsured.  By the way, UM also applies in hit-and-run accidents.

A local Winter Haven, FL man was killed and another seriously injured in a fatal car crash in Lake Wales.  According to the Lakeland Ledger Article, Two-Car Crash On S.R. 60 Kills One, Injures One, Raul Flores was traveling eastbound on S.R. 60 near Godwin Road Wednesday morning.  Apparently, Flores lost control of his 1994 Jeep Cherokee while traveling eastbound on S.R. 60.

Florida Highway Patrol reports Flores' vehicle veered onto the south shoulder, swerved back over the eastbound lanes and then drifted over the grass median. The vehicle overturned and came to final rest on its side, in the direct path of driver, Neal Carlin.  Carlin, who was driving a 2000 Ford F-350, was traveling westbound on S.R. 60 when he struck the roof of Flores' vehicle.

Flores was pronounced dead at the scene.  His passenger, Armando Rodriguez Martinez, was transported to Lakeland Regional Hospital, via airlift.  He is in critical condition.  Carlin was taken to Lake Wales Medical Center for minor injuries.  A full investigation is currently underway.

During this most difficult time of grief, it may be critical to obtain legal representation to secure any possible claims.  Loss of vehicle control may indicate a potential products liability claim. In such cases, it is critical to preserve the vehicles involved in the collision in their original condition. A hired expert may need to inspect the vehicles at a future time to determine the underlying cause of the crash.

In my Polk County, Florida law practice, I have seen unfortunate instances where a products liability claim is lost because the vehicles were discarded shortly after the accident.  A qualified personal injury attorney can take immediate steps to ensure this does not happen.