Lakeland Florida Injury Lawyer Blog

According to the Lakeland Ledger, Candra Michelle Rittenhouse, 17, of Winter Haven, FL, and Sara Kay Smith, 16, were involved in a motor vehicle accident on Feb. 9, 2009 in Bartow, FL. The crash is currently under investigation as a possible suicide.

Investigations reveal that Rittenhouse was driving Smith's vehicle the night of the accident. Rittenhouse was sleeping over at a friend's house in Lakeland, FL when Smith snuck out of her bedroom window and drove to pick Rittenhouse up. The two girls left around 1:40 a.m. to visit a friend in Lakeland, FL.

The crash occurred around 2:25 a.m. on S.R. 540 at Summer Glen Drive, FL. Rittenhouse was driving west when the 1991 Nissan Pathfinder swerved off the road, went airborne, and flew into a wooden utility pole, snapping the pole in half. The vehicle flipped and burst into flames. Both girls were ejected from the vehicle.

Both Rittenhouse and Smith were airlifted to Tampa General Hospital in Tampa, FL. Rittenhouse died during surgery later in the morning. After undergoing extensive treatment for her injuries, Smith was released from the hospital.

The autopsy conducted by the Medical Examiner's Office in Hillsborough County, FL, states that Rittenhouse did not have drugs or alcohol in her system. The accident scene did not show tire marks, or signs of evasive action.

In an interview with investigators, Smith stated that she and Rittenhouse had made a suicide pact the night of the accident. "We wanted to die together," she told police.

Smith said that the pact was made because Smith missed her friend who died in a collision the previous year and Rittenhouse had argued with her mother on lifestyle decisions.

Rittenhouse's family refuses to believe it was a suicide attempt, for they believe Candra was full of life and looking forward to her high school prom.

"She was a happy girl," Joey Yeako, her stepfather, said Tuesday. "Candra was doing well in school and had just won blue ribbons for her cooking, and she was looking for a prom dress and planning her graduation trip. You won't get anybody to believe that this was something Candra wanted."

Rittenhouse wanted to become a chef later in life, and was a senior at Lake Region High School in Eagle Lake, FL, her stepfather commented.

Yeako is still not convinced, even though investigators concluded earlier this month that Rittenhouse's death was a suicide. Consequently, Rittenhouse's death certificate was changed to reflect suicide as the cause of death.

The high speed of the vehicle and lack of skid marks does raise suspicion in this case, Polk County Medical Examiner Dr. Stephen Nelson stated. He reported that suicide by automobile is uncommon, but certainly not unheard of.

This is certainly a real tragedy for all families involved. From a legal perspective, it should be noted that most insurance policies contain an exclusion for intentional acts. If in fact, the crash was a suicide attempt, then the incident would likely fall under that exclusion. Thus, any passengers injured as a result of the driver's intentional act may not have a claim. In my practice as a personal injury attorney, practicing in Polk County, FL, I represent victims of automobile accidents. A thorough investigation of the collision and all applicable policies will ultimately determine whether a claim for damages exists.

According to the Lakeland Ledger, Polk County, FL, Deputy Matthew Dennis, 36, was driving south on State Road 37 in Bradley, FL, when Kristi Williams, 53, of Riverview, FL, struck Dennis's vehicle.

The accident occurred on Saturday, July 25, 2009 at approximately 1:15 p.m., At that time, Deputy Dennis was on his way to assist the Florida Fish and Wildlife Conservation Commission with an armed trespassing call in Bradley, FL.

As the Polk County Deputy approached Jameson Road, in Bradley, FL, he turned on his lights and began to pass the vehicles in the southbound direction.

The Polk County Sheriff's Office reported that Williams was turning east onto Jameson Road in a 2005 Chevrolet Aveo when the two vehicles collided. Deputy Dennis was treated at Bartow Regional Medical Center for minor injuries. He was later discharged.

Jimmy Akens, 55, of Mulberry, FL and an unnamed sixteen-year-old passenger were traveling in Williams' vehicle at the time of the crash. While Williams and the minor child declined medical treatment, Akens was taken to Lakeland Regional Medical Center. He is reported to be in stable condition.

Officials report that everyone involved in the crash was wearing a seatbelt at the time of the crash.

The accident is under review by the Polk County Sheriff's Office's crash review board. Thus far, Williams was cited for failing to yield to an emergency vehicle.

Pursuant to Florida Statute 316.126, when a driver is approached by an authorized emergency vehicle, while on their way to meet an emergency, the driver of every other vehicle on the road must yield the right-of-way to the emergency vehicle.

If the emergency vehicle displays lights, sirens, or any other visible sign, then all drivers are required to stop as close as possible to the edge of the nearest curb of the roadway. Unless directed otherwise by a law enforcement officer, drivers must remain clear of any intersections, and remain in position until the emergency vehicle has passed.

In my practice as a personal injury lawyer in Polk County, FL, I represent injured victims of automobile accidents. It is critical for drivers to remain at constant alert while driving. Talking or texting on one's cell phone or driving while drowsy may impair a driver's ability to fully observe his/her surroundings. Pay close attention! You may have the right of way but if an emergency vehicle approaches, you have a legal obligation to yield and get out of the way. I have often represented clients who were rear-ended while stopped for an emergency vehicle. Too often, it is because the at-fault driver was distracted and failed to observe the emergency vehicle.

The Lakeland Ledger reports a fatal accident that occurred on Thursday July 23, 2009 when two vehicles collided head-on in Auburndale, FL. One person was killed while another was hospitalized.

Michelle Esposito, 34, was traveling northbound on Berkley Road near Bobbye Walker Lane in Auburndale, FL. The collision occurred at about 8:30 a.m., when her white 1994 Plymouth van crossed the double yellow line. The van collided head-on with Karen Hollington's red 2007 Ford Focus. Hollington, age 31, is also from Auburndale, FL.

Apparently, the front left side of Esposito's van collided with the driver's side of Hollington's vehicle, which resulted in the cars spinning. Hollington's vehicle was ultimately discovered ten feet off of the road along the west shoulder and in a construction site. Esposito's van came to final rest, facing almost completely south.

Firefighters worked quickly to cut away the metal, which was blocking Hollington from getting out of the vehicle.

Hollington was transported to Tampa General Hospital in Tampa, FL after a landing zone for a medical helicopter was cleared at Berkley Elementary.

Hollington was wearing a seatbelt, unlike Esposito. Hollington was thought to have serious injuries, and initially was being flown to Tampa General Hospital.

While airborne, paramedics determined Hollington's injuries were not as critical as initially thought. She was then flown to Lakeland Regional Medical Center in Lakeland, FL, where she was listed in stable condition on Thursday afternoon.

According to investigators, it is still unknown why Esposito's van crossed the center line. However, preliminary findings in the accident do not indicate speed was a factor in the crash.

Things are not always what they seem. Thus, when investigating the cause of a crash, it is important to look at all factors. Did either of the drivers suffer from a medical condition, which may have caused loss of consciousness? If so, did this cause the driver to swerve? Was the driver under the care of a physician and taking proper medications?

On the surface, it may seem obvious who is liable for the accident but further inquiry may identify a negligent party who had not been considered before.

According to the Lakeland Ledger, Robert M. Herring II, 46, of Lakeland, FL, was driving nine children, all under the age of 13, in a bus on July 22, 2009. They were traveling from the YMCA to church when Christian Alberto Chanax, 18, of Lakeland, FL, struck the left the side of the bus. The crash occurred at approximately 12:30 p.m. while Herring was turning left to exit the YMCA parking lot.

According to witness statements and the accident report, it is highly possible that Chanax, who was driving a 1992 Mercedes owned by Yohandra Caridad Rodriguez, was racing with the driver of an unidentified black firebird vehicle.

The firebird could not be identified by the Lakeland police. Jesse Poissant, the only passenger in the Mercedes, denied that they were racing.

According to the police, Chanax stated he was driving west on Sleepy Hill Road in Lakeland, FL in the outside lane, traveling approximately 50 mph when he noticed the bus on the road.

However, the skid marks contradict Chanax's statement. Based on the analysis of the scene, when Chanax began to brake, his speed was "well over 60 mph." The posted speed limit was 40 mph.

Police said skidmarks from the Mercedes measured 177 feet in length after using a certified laser measurement device.

One witness reported that Chanax was in the outside lane and the firebird was in the inside lane and both were driving side-by-side.

Chanax said to avoid crashing he tried to move over, but the firebird sped up and blocked him from changing lanes.

Chanax, Poissant, Herring and two bus passengers were transported to Lakeland Regional Medical Center in Lakeland, FL with non life-threatening injuries.

According to a Victory Church employee, those who were on the bus are doing fine. The kids attend the church's Victory Christian School and are taken to the YMCA to swim every Wednesday.

Chanax was cited for not having a valid driver license and for reckless driving.

As an attorney practicing in Polk County, Florida, I represent injured victims of automobile accidents. This incident is an example of how crash investigations can reveal how the accident truly occurred. By measuring tire marks, photographing the accident scene and interviewing witnesses, investigators can determine who was at fault for the collision. The parties involved in may provide conflicting statements, thus making an in depth investigation necessary.

Thus, if you've been injured in an automobile accident, it is critical to seek legal representation. Injury attorneys often hire experts to conduct an independent investigation and provide expert testimony in the event of trial.

Imagine leaving church only to find yourself the victim of an automobile accident. That's the last thing Adel Czubrenski of Haines City, FL expected after walking out of St. Ann's Catholic Church last Saturday as she was run over in the church parking lot.

According to the Lakeland Ledger, Czubrenski was leaving St. Ann's Catholic Church at approximately 5:15p.m. in Haines City, FL, when Albert Peterson, 77, of Clermont, FL, apparently stepped on the gas pedal instead of the brake while he was backing out of a handicap parking space.

After striking Czubrenski, Peterson continued to accelerate and struck a tree before coming to final rest and causing further damage to his silver 2006 four-door Lincoln.

Immediately following the incident, Czubrenski was airlifted to Orlando Regional Medical Center in Orlando, FL, with reported serious injuries.

Cormac O'Duffy, the church's music director, reported that Czubrenski's legs were injured and she was expected to undergo surgery on July 19th. Undoubtably, Czubrenski's church family at St. Ann's Catholic Church in Haines City, FL, will be praying for her safe and speedy recovery.

"As far as I know, she's OK," O'Duffy said Sunday. "It was an unfortunate accident." Rev. Robert Mitchell, visited with Czubrenski Saturday night, according to O'Duffy.

According to officials, the crash remains under investigation and charges are still pending.

This is such an unfortunate incident. Hopefully, Florida Statute 627.7407 (Motor Vehicle No Fault Law) may provide some comfort to Czubrenski. Many Floridians do not carry any type of health insurance. Florida's Motor Vehicle No Fault Law assists in providing $10,000 in health insurance benefits to individuals injured in automobile accidents, regardless of fault (hence the term "No Fault").

In the instant case, Czubrenski was airlifted to the hospital and is scheduled to have surgery. She is almost certain to have used all the $10,000 in No Fault benefits available to her. Hopefully, Peterson, the at fault driver, was insured at the time and carried bodily injury coverage. If not, further investigation must be done to see what other coverage, if any, is available to Czubrenski to compensate her for her injuries. In my practice as a personal attorney in Polk County, Florida, my job is to identify all potential coverages available and seek a maximum recovery for the client.

According to a recent News Chief article, last Sunday morning, July 12, 2009, Robert Edward Stewart, age 51, of Sand Pine Trail in Lake Wales, FL, was charged with DUI manslaughter and fleeing the scene of a crash.

Stewart was traveling on U.S. 27, approximately two miles south of Presidents Drive in Lake Wales, FL when he struck and killed 19-year-old Luis Francisco Rivera, a walking pedestrian who was walking along the west shoulder of the road.

Evidence revels Stewart swerved outside the lane when he struck Rivera, who was walking in the direction of the westbound traffic flow on U.S. 27, in Lake Wales, FL. Stewart was booked into the Polk County, FL Jail and was held without bond after fleeing the scene of the accident.

According to the Florida Department of Highway Safety and Motor Vehicles (FDHSMV), the consequences for DUI Manslaughter are as follows:
A driver convicted of DUI Manslaughter, who knows or should have known that the offense occurred; and fails to give information or render aid is guilty of a First Degree Felony, punishable by a minimal $10,000 fine and/or 30 years imprisonment.

The aftermath of DUI manslaughter has serious consequences. It is expensive to get your license back and you could face jail time.

Suppose an individual is injured or killed because of a drunk driver. What about the victim? As in most cases, the victim may file a claim for bodily injury. Typically, the plaintiff seeks damages for past and future medical expenses, lost wages, as well as past and future pain and suffering. Additionally, Florida law permits the plaintiff injured by a drunk driver, to seek punitive damages. However, this can only be sought if the defendant receives a DUI conviction.

In my practice as a personal injury attorney, serving Polk County, FL, I represent victims of all accidents. If you have been injured in a DUI collision, it is important to seek the advice of an attorney and to know about your legal rights.

Jared Cline wasn't thinking straight when he showed his ID to the cashier just before robbing a Circle-K convenience store in Lakeland, FL.

According to a Bay News 9 article, Jared Cline, 22, went to the convenience store in Lakeland, FL on July 5, 2009 and asked for watermelon flavored blunt wrappers when the clerk asked for his identification to confirm his age.

Cline showed his ID, and then asked for money, saying if she complied there wouldn't be "any problems." The clerk then gave Cline an undisclosed amount of cash and Cline left the convenience store. On his way out, he dropped a plastic bag of marijuana.

After reporting the robbery to the police, the clerk could not remember Cline's name, but after detectives looked at the surveillance tapes they were able to search his birthday and match his pictures with records in Lakeland, FL.

"The clerk did a great job...she followed the law and Circle-K's guidelines," said Sheriff Grady Judd. "She knew that it was illegal to sell tobacco products to a juvenile and she asked for his identification - because she did the right thing, the suspect is behind bars. It didn't hurt that our suspect wasn't too bright, either."

Cline was arrested and booked into the Polk County Jail, charged with robbery, possession of marijuana and possession of drug paraphernalia. Detectives say Cline confessed to the robbery as well as another petit theft at another Circle-K store.

It's common knowledge that convenience stores are easy targets for robberies. Thus, convenient store clerks are at a greater risk of sustaining injury on the job. Generally, Florida requires injured workers to bring injury claims under the Florida Worker's Compensation statute. This bars the worker from bringing a claim against his/her employer for negligence.

However, because of a foreseeable risk to convenience store workers, Florida has enacted specific security requirements for convenience stores. Failure to abide the law may allow the worker to bypass worker's compensation and bring a negligence action against the employer. The clerk in this story luckily survived the robbery and can now chuckle at the experience. It is reassuring to know that Florida laws were created to protect her.

According to the Lakeland Ledger, Jason Torres, a 24-year-old Lakeland, FL man, was arrested Wednesday, July 8, 2009 in connection with a fatal car crash last February on County Road 540-A in Lakeland, FL.

Torres is charged with two counts of DUI manslaughter as a result of the Feb. 5 crash that killed two Lakeland, FL men. At the time of the crash, Pedro Rivera, 28, of Pinedale Avenue in Lakeland, FL, and Cedrick Green, 29, of Providence Reserve Loop in Lakeland, FL, were both passengers in Torres' vehicle.

Authorities report that at approximately 11 p.m., Torres was traveling westbound on C.R. 540-A, near Thousand Oaks Drive in Lakeland, FL. At that time, Torres attempted to pass the vehicle in front of him in the inside lane. As he entered the outside lane, Torres sped up and lost control of the vehicle.

His Honda vehicle struck a concrete curb and rotated counter-clockwise while traveling west into the outside lane. The Polk County Sheriff's Office reported that the Honda crashed into a utility pole on the north side of C.R. 540-A, crushing the passenger side. The impact forced Rivera, the front seat passenger, toward the back of the vehicle. Green, who was sitting in the back seat of the vehicle, was ejected. Both men died at the scene.

The Polk County Sheriff's Office reported Rivera was the only one wearing a seatbelt at the time of the accident.

Torres' injuries were minor and he agreed to have blood drawn by EMS personnel. The samples were sent to the Florida Department of Law Enforcement lab for analysis and later revealed that Torres' blood alcohol level was .118. Under Florida law, drivers with a blood alcohol level of .08 or higher are deemed "under the influence."

After receiving the lab results, authorities obtained a warrant for Torres' arrest, but did not find him at his Lakeland, FL address. The Polk County Sheriff's Office reported that further investigation led deputies to believe Torres was living in Massachusetts.

Authorities issued a warrant for Torres' arrest last month. He was captured in Chelsea, Mass., by the U.S. Marshal's Office and Massachusetts State Police.

Torres is scheduled to be brought back to Polk County to face charges. Meanwhile, he is being held in the barracks of the Massachusetts State Police without bail.

As a personal injury attorney, practicing in Polk County, FL, I represent victims of automobile accidents. In the instant case, it is reassuring for the victims' families to know that the at fault driver will now be facing criminal charges. In a personal injury action, a conviction is necessary in order to seek punitive damages in the case.

Members of the Iglesia Bautista Maranatha, located in Lakeland, FL, united for the first time this Sunday after a deadly lightning strike left dozens hospitalized and another dead.

According to a Bay News 9 report, the strike happened just outside the church on Viola Road in Lakeland, FL, killing 30-year-old Benjamin Gonzalez of Lakeland, FL. According to his family, Gonzalez was born in Texas, and moved to the Tampa Bay Area while in middle school. He graduated from Lake Gibson High School and then attended technical school. He worked in the IT department for Circle K convenience stores.

According to Pastor Jose Angel Gonzalez, his brother Benjamin Gonzalez was a kind man to everyone who died doing what he loved most. At the time of the strike, Gonzalez was playing soccer while hanging out with his church friends. Juan, another one of Benjamin Gonzalez's brother, was with Benjamin when he was struck and killed. "It was a clear day," Gonzalez said. "It wasn't raining at the time, and they were just having fun."

"They heard the lightning when it hit, and obviously they were playing soccer and they were close together. When it hit, several hit the ground, and he turned around and saw my brother," Gonzalez said. "That's when he dropped to a knee and clutched his chest and he fell over." Attempts to resuscitate Benjamin failed.

The Polk County Sherriff's office reported that 18 other people were taken to the hospital, but have since been released.

This tragedy appears to be nothing but a freakish act of nature. Nonetheless, as a personal injury attorney practicing in Polk County, FL, many questions come to mind. Was this an organized event? How was responsible for overseeing the players? Was anyone aware of the lightning and the potential for harm? Answers to these questions could reveal whether a potential negligence claim exists. It is a lawyer's job to look beyond the surface for the benefit of the client.

According to the Lakeland Ledger, Peter Gucciardo, 77, of Winter Haven, FL, was driving his 2007 Jeep east on Eloise Loop Road in Winter Haven, FL. The incident occurred around 11:25 a.m. Monday June 29, 2009 when Gucciardo swerved into oncoming traffic and hit another vehicle head-on.

Officials state Gucciardo collided with a 2007 Audi vehicle, driven by Joan Whitehead, 58, of Winter Haven, FL. Whitehead was traveling in the westbound lane of Eloise Loop Road, near the Renaissance subdivision in Winter Haven, FL.

Due to the accident, the two-lane Eloise Loop Road was closed to traffic until 4 p.m. and a medical helicopter landing zone was set up for Whitehead. Gucciardo was reported dead at the scene.

Whitehead was reported to be in stable condition after being flown to Lakeland Regional Medical Center in Lakeland, FL.

Investigators have yet to find out why Gucciardo swerved into the oncoming lane. Both drivers appeared to be wearing their seat belts at the time of the accident.

According to the Strategic Highway Safety Plan (SHSP), a head-on crash usually occurs when a vehicle passes over a centerline or median and crashes into the approaching vehicle.

A head-on crash also can occur when a driver is knowingly traveling the wrong way in a traffic lane, e.g., passing vehicles on a two-lane road.

The 1999 statistics from the Fatal Analysis Reporting System (FARS) concluded that:
• 75 percent of head-on crashes occur on rural roads,
• 75 percent of head-on crashes occur on undivided two-lane roads, and
• 83 percent of two-lane undivided road crashes occur on rural roads.
As a personal injury attorney, practicing in Polk County, FL, I have represented victims of head-on collisions. In my experience, driver's often swerve into oncoming traffic due to distractions (such as cell phone usage), falling asleep at the wheel, or driving while intoxicated. Sometimes, the driver swerves while becoming unconscious at the wheel due to a medical condition. This may be the result of medical malpractice. For these reasons, it is critical to hire an attorney who will look beyond the surface to investigate the underlying cause of the crash.