Lakeland Florida Injury Lawyer Blog

Harry Durman, 63, of Lakeland, FL died at the scene of an accident on SR 60 in Mulberry, FL Tuesday afternoon.

According to the Lakeland Ledger, the crash occurred around 3 p.m., approximately one mile east of Bonnie Mine Road on S.R. 60 between Mulberry, FL and Bartow, FL. Authorities say Durman was driving a Ford F-150 truck when he attempted to pass a Toyota truck traveling in the outside lane. 

The Toyota was driven by Joseph Vazeos, 35, of Bartow, FL.  As he attempted to pass, Durman drifted back in to the inside lane, striking the passenger side of Vazeos' truck.  Durman then struck the grass shoulder and rolled over.

Durman, who was not wearing his seatbelt, was ejected from the vehicle.  He died at the scene of the accident.  Vazeos, however, was not injured.  At this time, the crash remains under investigation.

The Florida legislature recently passed the Dori Slosberg and Katie Marchettie Safety Belt Law, which will become effective June 30, 2009.  The law is a primary enfoceable action that will result in a citation for failure to wear a safety belt.  A primary law allows law enforcement to issue a citation by observing the failure to wear a seatbelt aone.  Florida's secondary law, currently in effect, allows for a citation to be issued only if some other traffic violation occurred.

According to the National Highway Traffic Safety Administration (NHTSA),primary enforcement of seatbelt use is estimated to prevent 142 annual fatalities in the State of Florida. Florida passed a seat belt legislation in 2005 that only applied to individuals under the age of 18. 

According to the Florida Highway Patrol, failure to wear a seat belt accounted for 59% of all traffic fatalities between 2000-2003.  Moreover, of all adolescent males between the ages of 16 and 29 who died in a collision, 71% were not wearing a seat belt.  Moreover, the statistics for young male deaths in Florida is higher than the national average, accounting for 79% of all fatalities. 

It is expected that Florida's passage of the new primary law will save lives.  Primary seat belts have been passed in many other states that have consequently seen higher seat belt compliance and lower fatalities. The State of Illinois, for example, enjoyed its lowest rate of fatalities the year after its primary law was enacted. 

In 2005, Florida's seat belt law was estimated to save 262 lives and prevent 6,200 serious injuries.  Taxpayer savings were estimated at $636 million. 

Whether the new law will effectively deter seat belt violations remains to be seen.  If the law would have been in effect this Tuesday, perhaps Harry Durham's life could have been spared. 

In my practice as a personal injury attorney in Polk County, Florida, I have represented accident victims whose injuries were exasperated due to the lack of a seat belt.  The good news is these injuries can be mitigated and sometimes prevented just by the use of a seat belt.  Law or no law, the fact remains-seat belts save lives!

According to the Lakeland Ledger, Saturday, May 24, 2009, Elbert Benjamin Brinson struck J. Jesus Sandoval-Zapien's minivan while fleeing from Polk deputies.  Zapien, of Haines City, Florida was killed at the scene while Brinson was treated for minor injuries and then taken to the Polk County jail.

 Zapien was a construction worker, native of Guanajuato, Mexico. Zapien had three sons and a wife, and had lived in Haines City, FL with his family for seven years. The family planned to take his body out to Guanajuato for burial. Donations were collected at St. Ann Catholic Church in Haines City, Florida.

Brinson already had several warrants out for his arrest in Orange County, FL. He was charged Saturday at the Polk County jail with burglary, resisting an officer without violence, giving a false name, and fleeing to elude.

Gary Hester stated Saturday, the day of the accident, that deputies were not following Brinson at the time of the crash, but instead a helicopter crew equipped with night goggles was following Brinson.
 
Around 3 a.m. a shooting was reported in Bartow, FL and deputies started to follow Brinson. When the deputies attempted to pull over Brinson, he sped away.

All deputies between Bartow, FL and Eagle Lake, FL were called off their pursuit. The Polk County Sheriff's Office helicopter followed Brinson from above. The crew did not see the crash, although they saw Brinson run and he was found inside a shed about 4 a.m.

Later it was reported Brinson was not involved in the Bartow, FL shooting.

His Orange County, FL arrest warrant lists charges such as, aggravated battery with a deadly weapon, burglary, tampering with a witness, criminal mischief, and petty theft.

On Sunday, Brinson was charged with vehicular homicide, hit-and-run with a death, and driving with a suspended license causing death. 

Deputies told the judge, Reinaldo Ojeda, that Brinson drove at speeds they estimated at up to 150 mph. Brinson stood in front of Judge Reinaldo Ojeda as he ordered that Brinson be held without bond after the chase and head on collision that killed Zapien.

In my personal injury practice in Polk County, FL, I have represented numerous victims who suffer severe and permanent injuries as a result of negligent driving.  Here, it appears that Brinson's actions were more than negligent. Rather, his actions rise to the level of reckless disregard for human life.  My heart goes out to Jesus Sandoval-Zapien's beloved family and friends.

Betty Cramer, 69, and Billy Jack Rollins, 73, both of Frostproof, FL are in critical condition at Lakeland Regional Medical Center after colliding with a CSX train this morning. 

According to an article in the Lakeland Ledger, the crash occurred at approximately 1:47 a.m. on U.S. 98 near West Frostproof Road in Frostproof, FL.  The CSX train was traveling northbound when Cramer, who was driving a 2002 Hyundai Elantra, struck the 24th train car. The impact caused three freight cars to derail.  The Hyundai overturned and landed on its roof.  Rollins was ejected from the vehicle and it is unknown whether they were wearing seatbelts.  +

Authorities say the couple divorced in 1972 but reside together in Cramer's home in Frostproof, FL.  Though the vehicle was traveling toward the couple's home, it remains unclear where they were headed at the time of the collision.  The couple has five children together. Family members had no idea how the crash could have happened and commented that Crammer travels across very same track three to four times per day.

The CSX train travels from Lakeland to Sebring and back and services business along the route.  One of the derailed cars was a tanker while the other two are "hopper" cars. The hoppers resemble boxcars and are used to carry nonhazardous granular materials like sand or fertilizer.  Luckily, all three cars were empty at the time of the incident. 

According to the Department of Transportation, the track utilizes approximately twenty seven trains per day.  There are cross-arms and signals located at the crossing designed to notify drivers of the oncoming train.  According to investigators, the crossing was operational at the time of the crash.

U.S. 98 was closed most of the morning and was reopened at about 11 a.m. after the tracks had been repaired.  The accident remains under investigation. 

As a personal injury attorney practicing in Polk County, Florida, I represent all victims of automobile accidents.  In my experience, a collision such as this may require the hiring of a qualified expert to investigate the accident scene and determine whether all safety devices were fully operational at the time of the accident.  It is important to hire a personal injury attorney immediately to ensure that crucial evidence is preserved in the event it is needed for a future claim. 

Joel Thorn, 18, of Lakeland, FL was struck by a semitrailer at the intersection of U.S. 17 and West Broward Street in Bowling Green, FL last Friday morning. He died from his injuries.

According to an article in the Lakeland Ledger, Thorn was attempting to cross the four lane road at the time of the collision.  Thorn was in his senior year of high school at Lakeland High School.  His father, Michael Thorn, reports his son often went for long walks to de-stress but had never walked so far away from home or overnight before. 

A study released by the U.S. Department of Transportation in 2003 reports that nearly 175,000 pedestrian fatalities occured between 1975 and 2001.  Currently, 12% of all automobile accident fatalities arise from pedestrian accidents.  Sadly, one in five pedestrian collisions in the U.S. are hit and run crashes. Further studies indicate that young children and the elderly are frequent victims of hit and run crashes.

Alcohol is another significant factor in fatal pedestrian crashes.  In fact, alcohol among pedestrians accounts for 37% of fatal crashes while alcohol among drivers is 18%.

According to another study, performed by the U.S. Environmental Protection Agency, Florida has the highest rate of pedestrian fatalities in the U.S.  Consequently, The Florida Pedestrian System Plan was developed in order to promote safety, security, convenience and comfort for Florida pedestrians.  While the program is still in its implementation stage, it has made several recommendations to promote safety among pedestrians.

Some highlights of those recommendations include:
• Widening sidewalks to accommodate possible obstructions
• Construct bus stops with adequate sidewalk access
• Installing pedestrian aids such as signals and pushbuttons
• Establishing full-time pedestrian coordinators for urbanized areas

In my practice as a personal injury lawyer practicing in Polk County, Florida, I have often represented pedestrians who have sustained serious injuries or fatalities as a result of an automobile accident.  In the midst of a tragedy, it is crucial for victims and their families to hire an experienced lawyer who will work diligently to maximize a potential recovery.

Polk County, FL Sargeant, Bob Barnes was seriously injured this Tuesday while stopping a suspected hit-and-run driver on Lake Hatchineha Road near Lake Hamilton, FL.

According to an article in the Lakeland Ledger, Monica Casanova, 24, was the suspected driver of a hit-and-run incident that had been reported.  Three off-duty officers were notified of the incident and alerted that Casanova could be traveling near the area.  One deputy spotted Casanova's vehicle with front-end vehicle damage in the westbound lane on Lake Hatchineha Road. 

At that time, Sgt. Bob Barnes attempted to block Casanova's path by parking his vehicle at the intersection of S.R. 17.  Sgt. Barnes then drew his gun, approached Casanova and ordered her to get out of the vehicle but she was unresponsive. As Sgt. Barnes proceeded to reach into the vehicle to remove Casanova, she hit the gas pedal. Casanova proceeded to drive and struck Barnes' patrol car before striking a group of trees.

Casanova told investigators she had consumed a bag of cocaine and four large vodka drinks. She sustained injuries and was taken to Lake Wales Medical Center for minor injuries. Sgt. Barnes was taken to Lakeland Regional Medical Center where he remains in stable condition.

Casanova is charged with aggravated battery on an officer, resisting an officer with violence, two counts of leaving an accident scene with damage, reckless driving, possession of cannabis and possession of drug paraphernalia.

A 2000 study by the National Highway Traffic Safety Administration (NHTSA) reported an impaired driver for every 110 miles driven in Florida.  That year, Florida police records revealed 23,578 car crashes involving a driver or pedestrian with a blood alcohol concentration (BAC) of .01 or more. 

A more recent study, performed by the NHTSA in 2007, states that drivers are considered to be impaired if their BAC is .08 g/dL or higher.  An alcohol impaired-driving fatality is defined as any fatality involving a driver with a minimum .08 BAC. 

We all know drinking and driving don't mix. Impaired driving puts lives at risk.  The defendant in this story now faces criminal charges for intentional acts, which may not have occurred but for her consumption of drugs and alcohol.  In my practice as an injury lawyer in Polk County, Florida, I represent victims of automobile accidents. If the at fault party is convicted of DUI, the injured party may be entitled to punitive damages.

Mary Lee Modeste, 47, of Bartow, FL was struck by a car while walking along U.S. Highway 17 today in Bartow, FL.  According to a News Chief article, Modeste was walking northbound on U.S. Highway 17 near State Road 60 at approximately 12:05 a.m.  She was walking with traffic, her back faced to the oncoming vehicles.

At that time, she was struck by a 2004 Infinity Vehicle driven by Ian Jeffrey Burias, 31, of Orlando, FL.  The impact forced Modeste onto the east shoulder.  She died from her injuries.

According to a study performed by the Office of Community Oriented Policing Services on Pedestrian Injuries and Fatalities, unsafe pedestrian behavior plays a significant role in many pedestrian accidents. In fact, a recent study notes that pedestrians were found to be at fault in 80% of all pedestrian-vehicle collisions in Florida.

So what constitutes "unsafe pedestrian behavior?" Pedestrian Jaywalking can be classified as unsafe pedestrian behavior. Jaywalking, which is another term for illegal street crossing, usually occurs when a pedestrian walks against a pedestrian walk signal, crosses the street with no crosswalk or crosses outside a marked crosswalk. 

Injury or death may also result when pedestrians:
• Stand in the road
• Stand between parked cars
• Jog/walk in the wrong direction
• Fail to yield

Another study, performed by the National Highway Traffic Safety Administration, found that bicyclists are also at a high risk of injury or death.  Since bicyclists are considered vehicle operators, they must obey the same traffic rules as motor vehicle operators.  Helmet use plays a major role in preventing head injuries in bicycle crashes. Therefore, it is essential to wear a properly fitted helmet for each bike ride.  It is also a good idea to wear fluorescent or brightly colored clothing while bicycling at all times of the day.  At night, it is especially useful to use a front light and a red reflector or a flashing rear light.

In my practice as a Polk County, FL injury lawyer, I represent pedestrians and bicyclists who have been injured or killed after being struck by a vehicle.  In some cases, defenses are raised against the injured victim. A qualified attorney can conduct a thorough investigation of the crash and deal aggressively with the adverse insurance carrier to fight for a fair recovery. 

Patrick Mellan, 17, of Lakeland, FL is charged with two counts of DUI manslaughter and two counts of DUI inflicting serious bodily injury. According to the Lakeland Ledger, Mellan was the driver in a deadly car accident on October 10, 2008 that claimed the life of two young men and left two others seriously injured. 

Mellan, who was sixteen-years-old at the time, was driving eastbound on the Polk Parkway when he lost control of his 2007 Ford Mustang. According to the Florida Highway Patrol, the vehicle was traveling approximately seventy-nine miles per hour when it veered onto the south shoulder and then struck a palm tree and a utility pole. Passenger Keenan Mullings, 16, of Lakeland, FL was pronounced dead at the scene of the accident.  Passenger Warren Williams, 27, of Plant City, FL later died of serious injuries at Lakeland Regional Medical Center.  Passenger, Eddie E.J. Gallon, 17, is now a paraplegic. Passenger Derrick Austin, 19, also sustained serious injuries. 

Authorities say Mellan's blood alcohol level was nearly double the legal limit for drivers age twenty-one or older. Drivers under the age of twenty-one with any amount of alcohol in their blood are automatically deemed to be under the influence.

Mellan is being charged as an adult. He was released from the Polk County Jail on bond with conditions. 

According to the Florida Department of Highway Safety & Motor Vehicles, motor vehicle accidents are the leading cause of death among teens in the U.S. Another study, performed by the Centers for Disease Control and Prevention, indicates that although young individuals, ages 15-24, account for only 14% of the population, they represent 30% of the total cost of auto injuries in males and 28% in females.

Teens at a higher risk for car crashes are:
• Male drivers
• Teens driving with teen passengers
• Newly licensed teens

In my practice as a Polk County, FL injury lawyer, I represent victims injured in motor vehicle accidents.  When the injuries are caused by a drunk driver who is convicted of the offense, the victim may recover punitive damages. Under some circumstances, it may also be possible to pursue a claim against the entity that sold or served alcohol to the drunk driver. 

A Lakeland, FL woman, Marilyn J. Whelan, 58, was pronounced dead at the scene of a Polk Parkway car crash on Saturday, May 2, 2009.  According to the Lakeland Ledger, Michael Whelan was driving a 1999 Isuzu SUV, traveling eastbound on the Polk Parkway near Winter Lake Road in Winter Haven, FL. 

At that time, Frances Jean Kazen, 78, of Largo, FL, switched lanes into Michael Whelan's path.  Upon impact, Whelan lost control of the SUV, spiraled into the median and overturned several times before coming to final rest.  According to the Florida Highway Patrol, the passenger in Whelan's SUV, Marilyn Whelan, was ejected from the vehicle.  She was not wearing a seat belt. 

Driver Michael Whelan, who was wearing a seat belt, sustained serious injuries. He was transported to Lakeland Regional Medical Center for his injuries.  Kazen sustained minor injuries and was taken to Winter Haven Hospital.  The crash remains under investigation.

According to a March 2007 study by the U.S. Department of Transportation, seat belts can reduce the risk of death by 45% and reduce the risk of serious injuries by 50%. 

Another study, released by the U.S. Department of Transportation in 2006, reports 30,521 fatalities that year resulting from a car crash.  Of those fatalities, seat belt use was unknown in 8% of those instances.  Amongst the remaining instances, 55% were not wearing a seat belt. 

One of the most traumatic events which can occur to one's body during a car crash is to be ejected from the vehicle.  Seventy-five percent (75%) of those who died in a car crash in 2006 were ejected.  However, only 1% of those wearing a seat belt were ejected from the vehicle. 

The fact is, seat belts save lives! If this alone does not persuade us to buckle up, it is also illegal in Florida to occupy a motor vehicle without a seat belt. Furthermore, failure to wear a seat belt could negatively affect one's recovery in a civil action for negligence.  For more on this, please refer to Bartow, FL teen killed, three others seriously injured in SR 60 crash.