Lakeland Florida Injury Lawyer Blog

Edmond Albert Sutton, age 27, of Winter Haven, FL was shot to death, Thursday, May 14th by Polk County, FL deputies, Ivan Navarro, Kevin Loder and Christopher Diaz.

According to the Lakeland Ledger, Polk County, FL Assistant State Attorney, Robert Antonello, explained in his letter to the Polk County Sheriff's Office how the May 14th shooting occurred. In his letter, Antonello states Sutton was suffering from permanent brain injuries he sustained in a motorcycle accident. As a result, Sutton had a history of severe mood swings and violent behavior toward family members.

The night of the shooting, Sutton's family called for help because Sutton had attacked his mother, and they wanted him forcibly held for psychological evaluation under the State of Florida's Baker Act proceedings.

The three deputies responded to the call and approached the barn on Lucerne Park Road where Sutton was located. Upon announcing their presence, Sutton answered the door holding fully loaded rifle and leveled the weapon at Deputy Navarro, who was about 15 feet away. Antonello's letter further explains Sutton refused instructions to drop the weapon, and aimed at the rifle at Deputy Diaz.

At that moment, all three officers opened fire on Sutton, continuing until Sutton slumped and dropped his rifle. Sutton, who was hit several times, died from the gunshot wounds.
The deputies reported that they had reasonable belief that Sutton would have killed them if they did not take action.

As stated in this article, Sutton was suffering from a traumatic brain injury as a result of previous motorcycle accident. Many times, accident victims, who sustain traumatic brain injuries as a result of the accident, exhibit significant personality changes. These victims frequently become aggressive, which transcends into all aspects of the life, from personal relationships to occupational responsibilities. They are forever changed by the accident.

It is crucial that victims suffering from traumatic brain injuries undergo the proper medical car to diagnose and treat their condition. Traumatic brain injuries are often overlooked, which is why it is crucial for victims to hire a qualified lawyer to assist with the process. In my practice as a personal injury lawyer in Polk County, FL, I have assisted clients with traumatic brain injury. It takes a great deal of patience and understanding to represent these clients because of their aggressive behavior. However, in the end it is rewarding to help these victims obtain the medical care and compensation they deserve.

According to the Lakeland Ledger, Sandra Nanette Alvarez, 48, of Orlando, FL was driving on Sunday June 14, 2009 with three passengers when she crashed into a Volkswagen Jetta on I-4 in Lakeland, FL.

Alvarez was heading westbound in her 2002 Suzuki Sidekick SUV when apparently her left rear tire blew out. This caused her to lose control of her vehicle and spin clockwise from the left-hand lane into a 2003 Volkswagen Jetta traveling in the center lane.

Florida Highway Patrol, (FHP), reported that Alvarez's Suzuki overturned onto the north shoulder of I-4 and the Volkswagen came to a stop nearby. Driver Joshua Ciaramitaro, 22 of Naples, FL, and Kimberly Haberkorn, 21, of Naples, FL, both told the FHP that they were distanced a few car lengths behind Alvarez when they noticed her tire had appeared to blow out.

The accident occurred just east of the Kathleen Road exit in Polk County, FL. Traffic was detoured up the ramp at Kathleen Road and back onto the highway on the entrance ramp at the same exit while I-4 was shut down.

Until two of the three lanes were reopened on I-4 at 2 p.m., westbound traffic was backed up to the Socrum Loop exit.

Both passengers of the Volkswagen were found to be without injury. Alvarez was pronounced dead at the scene of the accident, a few minutes after noon. Her daughter and grandchildren, Ruth Rivera, 20, of Orlando, Justin Griffin, 1, and Victor Antonetty, 5 months, all survived but were listed in serious condition Sunday night.

The children were airlifted to Tampa General Hospital, and Rivera was taken to Lakeland Regional Medical Center.

Officials reported that the children were wearing seatbelts in the vehicle, as well as Alvarez and Rivera. Rivera was the front-seat passenger of the vehicle.

FHP sergeant Larry Kraus said whether or not the tired ruptured is still under investigation, but it will be found out.

In my practice as a personal injury attorney in Polk County, Florida, I represent victims of automobile accidents. Sometimes, accidents can occur not because of driver negligence but due to a defective product. In this instance, it appears that the collision occurred when Alvarez's tire blew out unexpectedly.

A detailed investigation may be required, not only by the authorities but also by a personal injury attorney. Both the vehicle and the tire must be preserved in their original state so that an expert can ultimately conclude whether the tire was defective. If this is the case, all parties may have a claim against the tire manufacturer.

According to the Lakeland Ledger, at about 3 p.m. on June 13, 2009, Patty Lunsford, 52 of Winter Haven, FL, rear ended a semi tractor trailer while driving her white 1992 Mercury Lincoln.

Michael Strutton, of Wescom, Texas, was the driver of the tractor trailer. He was at a stop light in the center southbound lane of U.S. 27, at the intersection of Cypress Gardens Boulevard in Winter Haven, FL when Lunsford failed to react quickly enough to stop and rear ended Strutton's semi tractor trailer.

Lunsford was flown to Lakeland Regional Medical Center after being removed from the wreckage. She was later determined to be in critical condition. Deputies reported that she was wearing a seat belt at the time of the crash. It is unclear how fast she was traveling at the time of impact. Officials report that no one else was required transportation to the hospital.

According to the Office of Health, Safety, and Security (HSS), rear end accidents are the least fatal, but the most occurring type of accident, with approximately 2.5 million happening each year. Speeding, distractions, weather conditions, and vehicle conditions are all factors that contribute to rear end collisions.

Texting, talking on cell phones, tuning the radio/CD, reading books/magazines, and applying makeup are common activities that distract drivers from their surroundings and the conditions on the road.

HSS reports both external and internal factors, which contribute to rear end collisions:

Common External Factors:
Road Conditions. If the road is wet, icy, or dry, it can affect the ability of a person to stop at an appropriate distance from other vehicles.

Weather. Fog, rain, snow, or dust can limit visibility, resulting in a number of potential situations that may result in a rear end collisions.

Vehicle Conditions. Poorly maintained tires are a common factor in rear end collisions, as they can fail to grip the road properly.

Speed. Slow speed collisions can cause significant injury, although higher speed rear ends are more dramatic.

Common Internal Factors:
Position of passengers. Cars are designed to accommodate some of the force of accidents if passengers are sitting in the correct positions, if not, there is risk of significant harm.

Head Rests. Proper head rest positioning can prevent neck injuries and whiplash.

Seatbelts and Airbags. If seatbelts are used properly, they can prevent injury and even death in a rear end collision.

Awareness of the crash. People tend to brace themselves if they anticipate a rear end collision. These extra seconds can make a huge difference in the likelihood of an accident.

As a personal injury attorney practicing in Polk County, FL, I frequently represent victims of automobile accidents. From a practitioner's perspective, I concur with this HSS report. The most common collision in my practice is certainly the rear-end collision.

Often times, there is minimal damage to the vehicles but serious injury to the individual. This can present a challenge because insurance companies tend to undervalue cases if there is minimal property damage. It is critical to seek representation from a qualified attorney who understands the mechanism of the rear-end collision. Experts confirm that the body undergoes an acceleration/deceleration in the rear-end impact, which may result in significant trauma to the body. If you have been injured in a rear-end collision, don't fight the insurance adjuster on your own. Hire a qualified attorney!

According to the Lakeland Ledger, around 9 a.m. on June 5, 2009, Shirin Bidel-Niyat was driving her 2003 Toyota Corolla south on U.S. Highway 17 near Avenue D, N.W., in Winter Haven, FL. Shirin Bidel-Niyat slowed down to let a vehicle in front of her pull into the McDonald's parking lot, when she was hit by the three cars following her, two of them being driven by family members.

At the time, Shirin Bidel-Niyat was moving into a Winter Haven, FL apartment complex. Traveling behind her was her mother, Donna Bidel-Niyat, in a 2005 Toyota Corolla, followed by her grandfather, Willard Eaton in a 1995 Ford F-150 pickup truck.

After Shirin slowed, Eaton and Donna Bidel-Niyat both slowed, but the semi tractor-trailer behind Eaton was following too closely, and the weight of his load stopped him from slowing down in time to avoid the four vehicle accident. The semi tractor-trailer truck was driven by Charles Dickey, who was later cited as a result of the accident.

Winter Haven, FL police officer Robert Bonsall reported that the intersection of U.S 17 and Avenue D, N.W., is a dangerous one in Winter Haven, FL because of the flow of traffic going to McDonald's.

The semi tractor-trailer truck was reported to have $800 worth of damage, the F-150 truck with $6,000 in damages, the 2005 Corolla with $3,000 in damages, and the 2003 Corolla with $200 in damages.

Eaton had minor lacerations on his forehead, and was taken to the Winter Haven Hospital in Winter Haven, FL. Nobody else involved in the four vehicle accident was reported to have any injuries.

In my practice as a personal injury attorney in Polk County, FL, I have represented many individuals who sustain injury as a result of a rear-end collision. In this instance, the tractor-trailer appears to have struck Eaton's vehicle with such force, that it resulted in a chain reaction involving the other vehicles.

From a legal perspective, the amount of property damage can be significant. A vehicle sustaining $3,000 and $6,000 in property damage is of importance because it often creates a mechanism for injury. Conversely, vehicles that sustain damages less than $1,000 may present a challenge since insurance adjusters unfairly assume that major injuries cannot result from collisions with minimal property damage. For this reason, it is important to have legal representation.

Finally, it appears that all family members may be able to present a claim against the driver, Charles Dickey for their injuries and property damage. It should be noted that if the collision were caused by a family member, one or all of the victims may be barred from bringing a claim, depending on whether the injured party is a resident relative of the negligent party. Furthermore, in Florida, as in many states, the tortfeasor's spouse and children are barred from bringing a claim against the tortfeasor.

According to the Lakeland Ledger, Wanda Ritter, 65, a custodian at Wendell Watson Elementary School, was involved in an auto accident in Lakeland, FL, March 7, 2009 which led to her death on May 16, 2009.

Ritter was driving on Old Polk City Road east of Moore Road in Lakeland, FL. She drove around a curve and lost control of her vehicle, going into the shoulder where the vehicle then proceeded to spin and overturn onto the passenger side, strike a utility pole, and spin out again.

It appears Ritter was not wearing her seatbelt, and was ejected from her vehicle, officials said. Ritter was taken to Lakeland Regional Medical Center by Polk County EMS and died later of her injuries on May 16, 2009.

Every year, tens of thousands of people are victims of ejection in auto accidents. According to the National Highway Traffic and Safety Association (NHTSA), ejection is one factor that is most associated with severe consequences in motor vehicle accidents.

The NHTSA states that if ejection was to be eliminated, there would be a 72 percent reduction in driver fatalities, and a 68 percent reduction in passenger fatalities. Also, if ejection was eliminated in motor vehicle accidents, there would be a 58 percent reduction in incapacitating injuries of drivers, and a 49 percent reduction in incapacitating injuries of passengers.

The ejection of people in car accidents causes thousands of deaths and injuries a year, and ejection is usually caused because of people not wearing their seatbelts. 

According to the National Transport Safety Board, beginning in 1998 through 2007, 60 percent of the people killed by car accidents in Florida were not being restrained by seatbelts at the time of the crash. 

This unfortunate incident is a reminder to us all of how critical it is to wear a seatbelt.  As an attorney handling personal injury cases in Polk County, Florida, I represent victims of automobile accidents.  It is important to note, that Florida law does require the use of a seatbelt and failure to wear a seatbelt may result in a finding of comparative negligence on the part of the victim.

According to the Lakeland Ledger, Christine Osterholtz, 59, of Lakeland, FL was involved in a motor vehicle accident after falling asleep behind the wheel on June 2, 2009. She then struck a vehicle driven by Michael Dacunto, 43, of Springhill, FL.

Osterholtz was driving eastbound on Interstate 4 in the center lane near Park Road in Lakeland, FL at about 8 a.m. She fell asleep, causing her 2008 Ford four-door vehicle to merge into the far right lane, directly in the path of Dacunto's semi truck. The Ford hit on the left side of the truck and pushed it into the concrete barrier wall. The truck overturned and landed on the roof of Osterholtz's sedan.

The vehicles then continued to slide across the eastbound lanes and land on top of the guardrail. Osterholtz's sedan was pinned beneath the semi. The inside and center lanes on Interstate 4 were blocked because of the accident for four hours, while troopers investigated the scene.

Both Osterholtz and Dacunto, were taken to Lakeland Regional Medical Center with minor injuries. The Florida Highway Patrol reported that Osterholtz was later charged with failing to drive in a single lane.

According to the National Highway Traffic Safety Administration, (NHTSA), drivers ages 45 through 65 have fewer nighttime fall-asleep crashes, and often have fall-asleep crashes at 7 a.m. Also, drowsy-driving crashes frequently occur on highways and major roadways with speed limits of 55 to 65 mph. NHTSA figures show that most sleep-related accidents occur on higher-speed roads, not around urban areas.

82 percent of drowsy-driving crashes involve a single occupant. Drivers are less likely to fall asleep at the wheel when there are passengers in the vehicle. Also, evidence of the driver trying to avoid the accident is often missing in sleep-related accidents. Skid marks are not often left, and brake lights are not used in the majority of the accidents.

In my practice as a personal injury attorney in Polk County, FL, I represent victims of automobile accidents. Driving while drowsy is never a good idea. One might argue it is a form of impaired driving. In a personal injury claim like this one, an accident reconstructionist may be needed to investigate the crash to determine whether the driver did in fact fall asleep at the wheel. As discussed by the NHTSA, there are physical indicators of a sleep-related crash, which an expert should be able to document.

Michael John Herrmann, Jr., 25, of Plant City, FL was driving west on Pipkin Road in Lakeland, FL at approximately 12:40 a.m. on June 3, 2009. According to the Lakeland Ledger, Herrmann lost control of his 2008 Chevrolet vehicle and it overturned. Herrmann lost control shortly after passing two cars, and flashing his lights at one, a witness reported to investigators. 

Herrmann was taken to Lakeland Region Medical Center after the collision. He died shortly before 11 a.m. due to his injuries. No other injuries had been reported.

Police reported that Herrmann had been speeding before the crash, but it was not evident as to whether he was wearing a seatbelt.

According to Florida Statute 316.183, all drivers are required to drive at a speed that is reasonable and prudent in accordance with road and weather conditions.

The statute goes on to say that driver's are expected to use precautions when:
1. Approaching and crossing an intersection or railway grade crossing;
2. Approaching and going around a curve;
3. Approaching a hill crest;
4. Traveling upon any narrow or winding roadway; and
5. Any special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions

Conversely, the law further states that drivers may be cited when driving too slowly. It states that nobody is to drive at such a slow speed that he/she is impeding or blocking the normal, reasonable flow of traffic.

According to Florida Statute 322.27, one's driver's license may be suspended if there is sufficient evidence that the person has caused death or personal injury to another person, or property damage in excess of $500.

Finally, as many of us know, there is an established point system which mandates license suspension, for up to one year, once a certain number of points have been accumulated.

Here's how the point system works:

1. When a licensee accumulates 12 points within a 12-month period, the period of suspension shall be for not more than 30 days.
2. When a licensee accumulates 18 points, including points upon which suspension action is taken under paragraph (a), within an 18-month period, the suspension shall be for a period of not more than 3 months.
3. When a licensee accumulates 24 points, including points upon which suspension action is taken under paragraphs (a) and (b), within a 36-month period, the suspension shall be for a period of no more than 1 year.
4. The point system shall have as its basic element a graduated scale of points assigning relative values to convictions of certain violations.

In my practice as a personal injury attorney in Polk County, Florida, I have represented many automobile accident victims who have sustained serious injuries as a result of another driver's failure to exercise due care while driving. While speed limits are to be obeyed, Florida law further requires driver's act reasonably under the circumstances. For example, heavy rain or fog may require reduced speeds despite the posted speed limit.  As such, it is important to note that just because drivers are permitted to drive up to the speed limit does not mean they ought to.

Have you heard the latest buzz on the street? The City of Lakeland, FL has been spreading the word about red light cameras being installed at five intersections.  Today, those cameras will be turned on to serve as a valuable tool for catching red light runners.

Drivers caught "red handed" will be cited $125.00.  While the city originally contemplated a thirty-day grace period before issuing a ticket, they ultimately decided against it. As Mayor Buddy Fletcher put it, "We shouldn't have to warn people to obey the law." 

Intersections with cameras will display warning signs depicting a red light and the words "Photo Enforced."  Still, city officials expect violators will be taken by surprise when a traffic ticket is issued in the mail. 

The motion cameras will take two images of a possible violation from the rear of the vehicle, including the license plate.  Video footage will also be generated.  The images will then be reviewed by Lakeland, FL police to decipher whether a violation occurred.

According to an article in the Lakeland Ledger, American Traffic Solutions (ATS), the Arizona based company responsible for installing the cameras, has agreed to do so free of charge.  In return, the city has promised ATS all the proceeds for the first paid citation generated by each camera, per day.  Furthermore, ATS will receive $25 for every second and third violation paid per camera each day and $10 for all tickets paid thereafter.  The remaining proceeds will go to the city.

Repeat violators beware! The cost of the fourth ticket issued via camera will double.  

You may want to think twice before handing over your keys.  Citations for red light running will be issued to the vehicle owner, not the driver.

The State of Florida has yet to approve camera technology at intersections.  For this reason, cameras must be placed on private property, rather than on state road intersections. Also, since there is no state approval, traffic hearings will take place before a hearing officer, rather than a judge.

While it is expected the legislature will eventually approve camera use on state roads, it is unclear when that will be.  Legislators recently came close to reaching an approval but the two chambers were unable to agree on a bill. 

Once state approval is obtained, it remains to be seen who will profit when a state road falls within city limits.  Will it be the city or the state? It's no laughing matter.  The City of Orlando, FL started with ten cameras at seven intersections, which generated $750,000 in fines within the first 2 ½ months.  Nonetheless, city officials maintain red light cameras are being used to stop red-light runners, not to generate revenue.

In my practice as a personal injury lawyer in Polk County, FL, I represent victims of automobile accidents.  In my experience, red light running frequently results in the high impact "T-Bone Collision."  The force of such an impact can result in serious injuries to all parties involved.  I applaud the City of Lakeland, FL for taking preventative measures that may ultimately save lives.