Lakeland Florida Injury Lawyer Blog

According to the Lakeland Ledger, Eric Kessler, 42, was killed Monday, August 24, 2009 in Lakeland, FL, in a single vehicle accident on Interstate 4.

The Florida Highway Patrol reported that Kessler was driving east on Interstate 4 near the Polk Parkway at about 2:30 a.m. when he lost control of his SUV. He then swerved onto a shoulder, hit a hill, and flew into the air over the Polk Parkway, FL, exit ramp, striking a concrete barrier. The SUV then continued to flip onto its roof in the west bound lane of South Frontage Road where it came to final rest.

Due to Kessler's lack of seatbelt restraint, he was flown from the car and pronounced dead at the scene of the accident.

The accident is still under investigation by the Florida Highway Patrol.

According to the National Highway Safety Traffic Association (NHSTA), 42% of all single vehicle fatalities in 1999 involved intoxicated drivers.

Also, out of the 1,140 motor vehicle accident fatalities that occurred in 1999, 938 (or 82%), of the accidents were off roadway. When the term "off roadway" is used, it means the crash occurred on the shoulder, median, roadside, or outside the right-of-way. The term could also indicate an unknown location, in a parking lane, gore and separator. A gore, used in this context, is an area of land where two roadways diverge or converge.

95% of the off roadway fatalities in motor vehicle accidents occurred as a result of a collision with a fixed object, which is the collision of the vehicle with stable structures or vegetation attached to the terrain. Examples include a bridge rail, guardrail, utility pole, culvert, concrete traffic barrier, fire hydrant and/or shrubbery.

As an attorney practicing personal injury in Polk County, FL, I have represented victims of single car crashes. As noted by the NHSTA, single vehicle fatalities often involve intoxicated drivers. In such cases, the passengers may be able to bring a claim against that driver. However, single car crashes are not limited to DUI. There could be an underlying factor, such as a vehicle defect that contributed to the crash. For these reasons, it is crucial to obtain legal representation from the onset of a crash to properly secure one's rights in the event of a potential future claim.

Emmanuel R. Mejia, 19, of Winter Haven, FL, was loading garbage onto a Florida Refuse truck when he was hit by a 2007 Suzuki driven by Stephen W. Horne, 26, of Bartow,FL.

According to the Lakeland Ledger, Both vehicles had been traveling north on Hankin Road just three miles east of Bartow on Tuesday, August 25, 2009 at 6:55 a.m.

Gerald T. Polinski of Lakeland, FL, was driving the garbage truck, when he had to make a pickup when Horne's vehicle collided with the truck and Mejia, according to an FHP report.

As of Thursday, Mejia's condition was unavailable. The crash remains under investigation.

Mejia is also an amateur boxer and has a 3-year-old son, according to Mejia's trainer, Laura "Lady Ram" Ramsey. When he has the money, Ramsey trains Mejia at the International Market World in Auburndale where the Polk County Boxing Team and RCF Fitness Center are located, Ramsey said. "The last time I spoke to him was Monday. He paid for the next 30 days," and he said he would return Tuesday, she said.

Mark Talbott, general manager of Florida Refuse Services, said employees who work in waste and recycling are at risk for injury. He stated that he has been pushing for every area that uses Florida Refuse to start using an automated truck, which Talbott said is much safer for employees because they don't have to load the garbage manually.

Talbott said Mejia is being treated for his injuries at Lakeland Regional Medical Center.
"We are pulling for him. He is an important part of our business and our family at Florida Refuse," he said.

According to the National Highway Traffic Safety Administration, in 2007, 413,000 large trucks were involved in traffic crashes in the United States; 4,584 were involved in fatal crashes in the United States. A total of 4,808 people died and an additional 101,000 were injured in those crashes in the United States.

In my practice as an attorney in Polk County, FL, I represent automobile accident victims. In the instant case, the injured victim was struck by a vehicle while working. It is important to note that the victim may not only pursue a negligence action against the at fault driver, he may also file a worker's compensation claim. In the State of Florida, an injury that occurs while in the course and scope of employment is subject to a worker's compensation claim.

A pedestrian was killed Tuesday night, August 11, 2009, in Lakeland, FL, while riding his bike along train tracks.

According to the Lakeland Leger, officials have yet to identify the victim and suspect him to be either homeless, or transient. The Lakeland, FL Police Department is currently searching areas where local homeless people gather in hopes of discovering his identity.

The Polk County, FL Fire and EMS, reported that the accident occurred about 10:30 p.m. at the intersection of 10th Street and Atline Road in Lakeland, FL, near the Kathleen Road and Memorial Boulevard overpass.

The victim was declared dead at the scene.

No foul play is suspected in the accident.

According to the National Highway Traffic Safety Administration (NHTSA), 28,970 pedestrian deaths and 465,000 pedestrian injuries occurred in the United States between 1990 and 1994. Florida totaled 2,625 pedestrian fatalities, which was 9% of all pedestrian fatalities in the United States total. Florida also accounted for 9% of all pedestrian injuries in the United States. During the same time period, there were 41,916 pedestrian injuries in Florida.

Interestingly, nearly 20% of all accident related fatalities in Florida involved pedestrians. Pedestrians also accounted for approximately 14% of all accident related injuries in the State of Florida.

According to the US Department of Transportation (DOT), about 5,800 vehicle train crashes occur each year in the United States, most occasionally at Railroad crossings. Annually, 600 people are killed in train crossing accidents, and 2,300 are injured. 50%, or more, of all fatal railroad accidents occur at crossings with passive or inadequate safety devices.

Pursuant to Florida Statute 768.18 of the Florida Wrongful Death Statute, wrongful death claims must be brought by the decedent's surviving spouse, children, parents, and other blood relatives. In this case, it is unfortunate that investigators have yet to determine the victim's identity. Worse, if the victim does not have any survivors, within the meaning of the statute, there may be no actionable wrongful death claim.

In Lakeland, FL, there have been many opinions against the City of Lakeland's recent implementation of camera use to ticket vehicles that run red lights.

One author of the Lakeland Ledger wrote that this system could use improvement in several areas. His opinion on this issue was very strong, and is noted throughout the article.

The author believes that the biggest concern with the cameras is the violator's ability to contest the citation before a tribunal. Currently, drivers who are issued a citation by the City of Lakeland, FL, must appear before a hearing officer, rather than a judge.

According to this author, hearing officers, at the very least, should have judicial or mediation experience. Furthermore, city employees should not be permitted to serve as hearing officers.

He also believes that it takes far too long for driver to receive the notice of violation. Currently, it takes between 10 days and more than two weeks for a notice to arrive. The article mentions two Lakeland, FL, drivers who owe $1,250 each for repeatedly turning right on a red light before stopping entirely at the light.

The Florida Driver's Handbook states clearly that a red light requires a driver to "come to a complete stop at the marked stop line, or before moving into the crosswalk or intersection." The section adds, "At most intersections, after stopping, you may turn right on red if the way is clear."

The author believes if the drivers would have been educated of this rule (by being immediately notified of the offense) perhaps the subsequent offenses could have been prevented. Instead, the same offense continued to occur and the cameras continued to catch them on tape.

He also believes that these groups of multiple violations without notice to the violator, should be treated as one violation, rather than multiple tickets in the mail weeks later. The author thinks individual notations should only be delivered after the violator is aware of the first violation(s).

Furthermore, the author seems to be a bit skeptical of the entire process. He notes that of the 4,447 violations issued thus far, not one was issued to a city owned vehicle or truck. He finds this strange considering there are 1,116 vehicles owned by the City of Lakeland.

The use of red light cameras in Lakeland, FL is new to the City. As such, the process is expected to have its share of problems. However, it is through open dialogue with the public that these issues can be heard and addressed to ensure a fair process for all.

According to the Lakeland Ledger, Friday, August 7, 2009, eleven individuals appealed citations issued to them by the Lakeland, FL police for red light running.

One of these eleven individuals was issued four citations for the same offense. Each appealed their red-light citations during a code enforcement hearing at City Hall.

Since tickets based on the camera evidence are considered city code violations, they are not treated differently as those issued by police officers. Anyone contesting the citation must appeal before City Hall. However, last Friday, no one was successful in beating City Hall.

Attorney, Kristie Hatcher-Bolin, who served as the volunteer hearing officer, did not grant any of the appeals. Her role was not to have sympathy on the violators, but to look at the evidence of still photos and videos of the alleged violations shot by the nine cameras installed in five intersections in Lakeland, FL.

During Friday's hearing, there were a couple of close calls in the full-speed snapshots, but after reviewing the super-slow motion videos, all of the violations were viewed as violations, nonetheless.

"The camera doesn't lie" was repeated during the entire hearing.

The Lakeland, FL Police Department provided the hearing officer with video and photographic evidence. The only sympathy Hatcher-Bolin was able to give was to waive the $25 hearing fee and a issue a 30 day extension to pay the fine.

Ovidio Martinez was the individual who received four violations, all in a two week period. Each time, Martinez was turning right on red onto Memorial Blvd from North Florida Ave in Lakeland, FL.

Pursuant to Florida Law, drivers must stop at the stop bar while approaching a red light, which Martinez did not do. He stopped after the bar, just before turning, which was not acceptable.

By the time he got his first ticket, three more were on their way, Martinez said. City commissioners are planning on addressing this problem very soon for multiple cases of right-turn-on-red violations.

One woman drove through a red light two-tenths of a second after it changed, she did not receive a break either.

Another man reported that he was not the man driving his car but the hearing officer indicated that the ordinance calls for citations to be mailed to the owners of the cars, not the drivers.

Four drivers who signed up for the hearing, did not show up.

The use of red light cameras in Lakeland, FL is new to the City. As such, the process is expected to have its share of problems. However, it is through open dialogue with the public that these issues can be heard and addressed to ensure a fair process for all.