Lakeland Florida Injury Lawyer Blog

According to a recent News Chief article, the Polk County, FL Sheriff's Office reported that 29-year-old Joseph Bernard Cherry of Scenic Highway in Lake Wales, FL was killed early Thursday morning when the car he was driving slammed into the back of a semi tractor-trailer.

The collision occurred around 2:33 a.m., near the intersection of State Road 17 and Mountain Lake Cutoff Road near Lake Wales, FL. According to the Polk County Sheriff Office, the 2006 International semi tractor trailer was being driven by a 66-year-old woman, Gary J. Schiering of Quarter Horse Way in Lake Wales, FL , and was traveling south on S.R. 17 in Lakeland, FL, just north of the intersection of Mountain Lake Cutoff Road. The tractor-trailer, which was hauling liquid orange juice in the tanker, was slowing down to make a westbound turn onto Mountain Lake Cutoff Road in Lakeland, FL.

The Polk County Sheriff's Office reported that Cherry, who was driving a 2000 Mercury Grand Marquis, also was traveling south on S.R. 17 and was behind the tractor-trailer. For unknown reasons, Cherry rear-ended the tractor-trailer.

Cherry suffered fatal injuries from the crash and died at the scene. According to the Polk County, FL Sheriff's Office, it didn't appear that Cherry was wearing a seat belt at the time of the collision.

S.R 17 in Lakeland, FL, was closed until approximately 7 a.m. Thursday as Polk County, FL deputies worked at the crash scene. The crash remains under investigation.

According to a US Department of Transportation Crash Statistics report, in the State of Florida, there was a reported 259 tractor trailer crashes in 2008. Also in 2008, there was a reported 3,485 reported non-fatal tractor trailer crashes in Florida, which bring the total for 2008 tractor trailer non-fatal crashes to 3,835, there were no fatal tractor trailer crash reports reported in 2008 for the state of Florida.

Pursuant to Florida Statute, 627.736, any individual who is injured in an automobile accident qualifies for Personal Injury Protection (PIP) benefits. This benefit is available to anyone, regardless of fault. Under the statute, individuals are entitled to hospital and medical benefits, lost wages, and lost wages/prescription reimbursement up to $10,000. There is also a death benefit of $5,000. In my practice as a personal injury lawyer, serving Polk County, FL, I have seen unfortunate instances where a death occurs and the family does not receive the $5,000 death benefit. Typically, this is because many are not aware that such a benefit exists.

According to the Lakeland Ledger, a 31 vehicle pileup occurred on September 27, 2009 at about 4:30 p.m. on Interstate-4, between County Road 557 and U.S. 27, in Lakeland, FL. As rain pelted Matt Cobey's windshield, he was driving west on Interstate 4, toward Tampa, FL when he suddenly spotted break lights and swerving of other vehicles. Trying not to hit the other cars, Cobey hit the breaks and tried to pull off the road. It was too late, the driver behind him had slammed in the back of him and within minutes multiple collisions occurred. Cobey and 30 other drivers were involved in a series of mostly minor accidents on I-4 in Lakeland, FL.

According to Lakeland, FL emergency officials, the collision, which began at 4:30pm, stretched along the interstate for miles in both directions.

Cobey who had been driving in the middle lane, stated that "It was raining pretty hard" "Everyone started to stop all at once," said Rebecca Davidson, who was Cobey's passenger at the time of the multiple collisions. The collisions stretched along the interstate for two-miles, not far from the massive I-4 pileup, which occurred in January 2008. That pileup, involving 70 vehicles, resulted in five deaths when smoke and fog hindered visibility of the roadway.

Polk County, FL Fire Battalion Chief , Joe Butler, was one of the first emergency responders at the scene. He first arrived at an accident near mile marker 55, where a car ran through a fence.

Another call of an overturned vehicle at I-4 and U.S. 27 was sent out. Within minutes, cars slowing down for the accidents began hitting one another, he said. Butler called dispatchers to warn of the multiple crashes - "5, 8, 12," crashes, he counted, asking for I-4 to be shut down. But the road wasn't closed. Instead, traffic was diverted to one lane by law enforcement officials.

The chaotic scene, which centered near mile marker 51, eventually calmed. Troopers and deputies began combing through the wreckage, westbound traffic on the interstate was closed from U.S. 27 past Champions Gate. Officials advised drivers to find alternate routes. I-4's eastbound lanes were snarled for miles, west of U.S. 27.

Morrison, 22, had been driving east in the downpour when she saw brake lights. When she tried to stop, Morrison hydroplaned. But she kept the minivan under control until she was rear-ended by another car. "It was raining and everyone was driving," she said. "The guy behind me couldn't stop in time. He just slammed into me."

Matt Hanno, 22, of Bonita Springs, FL was involved in another of the crashes and shared a similar account. "I saw a car slam on brakes so I slammed on mine," said Hanno, who was driving a gold Honda sports utility vehicle. "But then I bumped them (a Toyota FJ in front of him) and got hit from the rear."

Two of the victims were taken by ambulance to Lakeland Regional Medical Center, Lakeland, FL, and two to Heart of Florida Hospital. There were no fatalities and only three injuries reported.

As a personal injury lawyer, practicing in Polk County, FL, I represent injured victims. Traffic incidents, involving pileups, present unique challenges. Before a plaintiff can recover for injuries, he or she has the burden of establishing fault on the part of the defendant. In car crashes involving two automobiles, the fault typically lies with one or perhaps both drivers. But in a pileup case, there are multiple vehicles involved and it is not always clear to determine fault. Every driver has a duty to act in a reasonably safe manner, in accordance with the conditions. Thus, the question becomes whether the defendant(s) reacted appropriately to the weather conditions and in response to the other accidents at the time.

According to the Lakeland Ledger, on Sunday, September 27, two Polk county residents were killed in the five-vehicle crash on U.S. 98 North that began when a 2005 Chevrolet pickup veered into the wrong lane of traffic Saturday afternoon, officials said. Killed in the accident were the driver of the Chevrolet pickup, Bessie R. Sanders, 65, and the driver of a 1990 Ford pickup, Jonathan Champion, 51, the patrol said. Both were wearing seat belts.

The accident occurred about 3:50 p.m. Saturday along a curve near the Big Cypress Golf and Country Club, Lakeland, FL, were the speed limit is 60 miles per hour.
The FHP stated that the preliminary investigation determined that Sanders was driving north on U.S. 98, Lakeland, FL, when her pickup began to veer into the southbound lane of traffic, where it struck Conroy's southbound motorcycle head-on. That crash threw Conroy and his passenger off the motorcycle and caused a series of collisions.

Michael J. Champion, 27, of Lakeland FL, a passenger in the Ford pickup, traveling south behind the motorcycle, shifted toward the shoulder in an attempt to avoid the accident, but struck the left front of the Chevrolet pickup. The force of the crash caused Champion's truck to turn on its roof on the west shoulder and Sanders' pickup to rotate counterclockwise 180 degrees. Champion was seriously injured and taken to Lakeland Regional Medical Center, Lakeland, FL. He was wearing a seat belt.

A 2001 Toyota sedan, driven by Harry Bouldry, 61, of Crystal River, Lakeland, FL was heading south behind the Ford pickup and collided with the rear of Sanders' pickup.
The force of the collision pushed the Toyota into the northbound lane, where it side-swiped a northbound 1999 blue Ford sport utility vehicle, driven by Richard Denmark, 51, of Lakeland FL.
Neither Bouldry or Denmark were injured. Both were wearing seat belts. Both their vehicles had minor damage, the FHP said.

Paul J. Conroy, 55, of Odessa, a community north of Tampa, was the driver of the 2000 Harley motorcycle who was critically injured and taken Tampa General HospitalTampa, FL. His passenger was killed, the patrol said. Neither one was wearing helmets.

Champion was seriously injured and taken to Lakeland Regional Medical Center, Lakeland, FL. He was wearing a seat belt.

Failure to wear seat belts cost more lives per capita in Polk County than any other large county in the state. Out of the 71 Polk County fatalities in 2006, Polk County ranked fourth among Florida's top 10 most populous counties, behind only Miami-Dade, Broward and Palm Beach, all of which are much larger.

Polk county crash rates has nearly doubled any other large county in 2006. These are the most recent figures available.

These crash statistics were released in conjunction with the launch of Click It or Ticket, an annual national law enforcement effort designed to increase seat belt use.
One of the most positive changes in Polk county statistics is the decrease in motorcycle-related deaths, stated by Sgt. Steve Gaskins, Lakeland, FL, a spokesman for the Florida Highway Patrol. In 2007, 14 motorcyclists were killed, down less than 33 percent in 2007 from 21 percent from the year before.

Statewide, 517 motorcyclists were killed last year who were not wearing helmets, down less than 1 percent from 521 in 2006. Forty-two percent were not wearing a safety helmet.

On September 25, 2009, 52 year old, Nathaniel "Mack" Isaac was crossing the train tracks at Wabash Avenue and Olive Street, in Lakeland, FL, on his bicycle when he was struck by an Amtrak train at about 5:50 p.m. Friends of Isaac stated that he had multiple alcoholic drinks before hopping on his bicycle Friday to head home and suspect he may have tried to commit suicide. Issac was pronounced dead at the scene, according to EMS and Polk County, FL Fire officials.

According to the Lakeland Ledger, Issac, who is originally from Ohio, lived on nearby Morrow Street with his girlfriend in Lakeland, FL. It is stated that he performed yard jobs for a living and had recently purchased his bike for $75 from his neighbor, Gary Guthrie.

At this same intersection, there have been other accidents that have occurred. In July 2007, a train crashed, killing four young people who attempted to cross the train tracks in a car. A memorial remains at the scene in honor of these victims.

The Federal Rail Road Administration Office of Safety Analysis(FRRAOSA), reports that there have been 93 total train crashes, in which 16 where fatality train crashes in 2009. In 2008, there were 36 fatal and 97 nonfatal crashes involving trains in Lakeland, FL. As reported on the FRRAOSA, in Polk County, FL, there have been 91 reported incidents for CSX Transportation, 56 for Amtrak, and 3 for Florida Midland RR Co. which brings the total for Polk County, FL to 150 reported incident since 2008.

The National Highway Safety Administration (NHSA) reports that in 2007, 698 bicyclists were killed and an additional 44,000 were injured in traffic crashes. Bicyclist deaths accounted for 2 percent of all traffic fatalities, and bicyclists made up 2 percent of all individuals injured in traffic crashes during the year.

The number of bicyclist fatalities in 2007 was 14 percent lower than the 814 fatalities reported in 1997. The fatality Analysis Reporting System(FARS),reports that the highest number of bicyclist fatalities ever recorded was 1,003 in 1975. Bicyclists accounted for 13 percent of all non-occupant traffic fatalities in 2007.

There are 73 to 85 million bicycle riders in the US, including 44.7 million over age of 6 who rode more than six times in 2008. 698 bicyclists reportedly died on US roads in 2007. In a typical year, over 90 percent of cyclists killed on US roads die in crashes with motor vehicles. The "typical" bicyclist killed on our roads is a sober male over 16 not wearing a helmet riding on a major road between intersections in an urban area on a summer evening when hit by a car. About 540,000 bicyclists visit emergency rooms with injuries every year. Of those, about 67,000 have head injuries, and 27,000 have injuries serious enough to be hospitalized. Non-helmeted riders are 14 times more likely to be involved in a fatal crash than helmeted riders. Head injuries account for more than 60 percent of bicycle-related deaths, more than two-thirds of bicycle-related hospital admissions and about one-third of hospital emergency room visits for bicycling injuries.

The preliminary statistics from the US National Highway Traffic Safety Administration (NHTSA), reported in November, 2008, that, Bicyclist deaths in 2007: 698 (Down from 773 in 2006), Bicyclist injuries in traffic in 2007: 43,000 (Down from 44,000 in 2006).

The NHTSA, reported in August, 2006, that a running total of bicyclist deaths in 2005 where: 784 (Up 26% from 2003), Male bicyclist deaths in 2005: 684 (87%) , Night time bicyclist deaths in 2005: 380 (48%) ,Bicyclists killed by motor vehicles: 720 (92%),Bicyclists injured by motor vehicles: 45,000 (up 9.8%),Bicyclists killed in alcohol-related crashes: 281 (up 10%),Bicyclists injured in alcohol-related crashes: 3,000

The Insurance Institute for Highway Safety, reported that in 2006, two percent of motor vehicle-related deaths are bicyclists. The most serious injuries among a majority of those killed are to the head, highlighting the importance of wearing a bicycle helmet. Helmet use has been estimated to reduce head injury risk by 85 percent. Twenty-one states and the District of Columbia have helmet laws applying to young bicyclists; none of these laws applies to all riders. Local ordinances in a few states require some or all bicyclists to wear helmets. A nationwide phone survey estimated that as state helmet use laws increases, there is an 18 percent probability that a rider will wear a helmet. Helmets are important for riders of all ages, especially because 85 percent of bicycle deaths are persons 16 and older.

The fatality anaylisis reporting system(FARS) reported that a total of 772 bicyclists were killed in crashes with motor vehicles in 2006. Bicyclist deaths were down 23 percent since 1975 but 23 percent more than in 2003. The decline among female bicyclists (49 percent) was larger than the decline among male bicyclists (18 percent). Ninety-five percent of bicyclists killed in 2006 reportedly weren't wearing helmets.

In my practice as a personal injury attorney, serving the folks of Polk County, FL, I represent those who have been injured or killed as a result of an accident. If you or a loved one has been seriously injured, it is important that you obtain immediate legal counsel to investigate your claim and protect your legal rights.

According to The News Chief, at approximately 5:30 p.m. September 25, 2009, the Polk County Sheriffs Office(PCSO) received a call advising that a tractor trailer truck and a PT Cruiser were involved in a crash on Highway 98 South near the Cemetery in Lakeland, FL.

The Polk County Sheriff's Office reported that, Shirley Cook Walker, 71,of Bartow, FL, was driving south on U.S. Highway 98, Lakeland, FL, in her 2006 Chrysler PT Cruiser when for unidentified reasons. The vehicle veered toward the median, crossed the southbound lanes and traveled through the grassy median. The vehicle then spun into the northbound lanes before coming to final rest.

Angel Falcon, 55, of Lake Wales, Lakeland, FL, was driving the 1996 Freight Line semi north on U.S. 98, Lakeland, FL, when the PT Cruiser spun in front of the truck. The car was T-boned during the impact, the Pasco County Sheriff's Office stated.
Walker died at the scene. Falcon was not injured, according to the report.

Traffic was redirected from four lanes of travel to two lanes of travel as a result of the crash.

According to the 2008 Preliminary National Crash Statistics, 123,918 Large Trucks and 13,263 Buses Involved in Non-Fatal Crashes, 49,084 Large Trucks and 7,123 Buses Involved in Injury Crashes, 73,047 Injuries in Crashes Involving Large Trucks and 16,760 Injuries in Crashes Involving Buses, 74,834 Large Trucks and 6,140 Buses Involved in Towaway Crashes, 2,609 Large Trucks and 11 Buses Involved in Hazmat (HM) Placard Crashes.

According to US Department of Transportation Crash Statistics Report(DOT), in 2008 there have been a reported total of 3,835 injuries caused by tractor trailers. Although this seems to be a fairly large number, but the report shows that the total injuries have decreased since 2004. Sa far in 2008, there were no fatalities reported.

In my practice as a personal injury attorney, practicing in Polk County, FL, I represent automobile accident victims. In Florida, it is important to note that there is often a statute of limitations applicable to each case. The statute of limitations is the number of years the plaintiff has to file a lawsuit in the case. In a wrongful death case, the statute of limitations is two (2) years. For this reason, it is important to obtain legal representation early in the case.

According to the Lakeland Ledger, a Frostproof, FL man faces charges in a motor vehicle accident that killed an Avon Park, FL couple.

The man was shown on "America's Most Wanted" at 9 p.m. September 18, 2009 on Fox.

The Florida Highway Patrol reported that Brian Dale Andrews of Frostproof, FL crossed the grass median into the southbound lanes when he was driving north on U.S. 27, just north of County Line Road at approx. 5:35 p.m. on June 30, 2007.

Andrews smashed his vehicle into Danny and Pat McCown's vehicle and killed them. Both were 59 years old.

The Florida Highway Patrol said Andrews was treated for injuries, then charged with reckless driving resulting in death and driving with a suspended license.

He hasn't been seen since he was released from Polk County Jail on July 21, 2007.

A warrant was issued for Andrews' arrest September 21, 2007, after which Andrews failed to appear at a hearing. The warrant was for two counts of DUI manslaughter.

Andrews may be located in Pensacola, Cincinnati, Honolulu, or San Francisco according to "America's Most Wanted".

Michele Pennington of Papillion, Nebraska said she was hopeful the episode would lead to Andrews' arrest. She was one of the McCowns' children.

"We live in terror every day. We know that people who have done this once will do it again," Pennington said.

She talked to her parents minutes before the accident, Pennington said. They were excited for an upcoming family get-together. The McCowns had bought a present for their 3-year-old granddaughter in Lake Wales, FL before the accident.

Pennington worried when they didn't call her daughter on her birthday.

"The day wore on and I started calling. My 3-year-old even left a message on her Papa's and Memaw's answering machine, but they didn't call back," said Pennington, who found out about the crash on The Lakeland, FL Ledger's Web site.

Pennington and her sister, Dana McCown, joined Mothers Against Drunk Driving (MADD) in Nebraaska, and also participate in MADD's Victim Impact Panels.

The sisters met Lt. Russ Zeeb of the Sarpy County Sheriff's Department in Nebraska through MADD. Lt.Zeeb was the person responsible for getting Andrews' face on "America's Most Wanted."

Pennington said her family wants Andrews to be arrested and treated.

"It is not about revenge. We are terrified that he will do this again and feel that the blood will be on our hands if he does," she said.

Anyone with information can call FHP Lakeland, FL Troop C Station at 863-499-2300, "America's Most Wanted" at 1-800-CRIME-TV, or Crime Stoppers at 1-800-226-8477.

In my practice as an attorney, serving the community in Polk County, FL, I represent victims in personal injury claims. It is important to note that a Statute of Limitations applies to almost all causes of action. The Statute of Limitations is essentially a deadline for how long a plaintiff has to file a lawsuit in the case. Once the Statute of Limitations has passed, a claim can no longer be brought. For this reason, it is critical to hire a lawyer immediately.

In Florida, the Statute of Limitations for a wrongful death action is two years from the date of the accident. In the instant case, the McCown's incident occurred on June 30, 2007 and thus the statute has already expired. Hopefully, the appropriate beneficiaries have already obtained legal representation.

A recent article, posted in the Lakeland Ledger, discusses offensive linemen for the University of Florida, Maurkice and Mike Pouncey (twins), graduates of Lakeland High School in Lakeland, FL. As these young men create openings for Heisman Trohpy-winning quarterback, Tim Tebow, who many like to call "Superman," they are reminded of a hero close to home: their stepfather, Robert Webster.

After losing his right leg in a tragic railway accident, Webster no longer felt that he was worthy of this title. "He said, 'I'm not Superman no more. I'm just a regular human,'" recalled his wife and the twins' mother, Lisa Webster.

The twins beg to disagree though. Mike stated that his stepfather now proves to be a lot tougher than Mike originally thought. Mike said, "Any guy who could go through an accident like that and not be knocked out afterward ... That's why I go out and practice as hard as I can for him."

And Maurkice only agrees with his twin brother. "My dad's a gladiator, man; he's going to fight it till the end," Maurkice Pouncey said. "He's the most powerful guy. He understands what happened, but he's a gladiator."

Webster was an offensive and defensive lineman in High School and attended Louisiana Tech on a football scholarship. He was unable to complete college due to academic problems.

Webster's future was forever changed last November when his leg was severely injured last November while he was working for Lakeland Animal Nutrition in Lakeland, FL.

That night, Webster arrived for work at excited about Florida's upcoming game at rival Florida State. He was moving a pair of rail cars that were full of animal feed, when he tried to set the front car's brake and it failed to engage. He had done this many times before, but this had never happened. He hopped onto the second car, and turned a wheel to set its brake, but it didn't stop.

Webster tried jumping free to avoid the collision with parked rail cars, but his foot was caught on the track and he fell onto his back. In moments, a wheel of the multiton rail car rolled over his right thigh.

Webster was supposed to be flown to have his leg reattached when the emergency medical team arrived, but his bone was too mashed and mangled to be reattached, according to the medic.

Even in that moment, Webster was not thinking of himself, the twins' future. Just two days after the accident, he ordered them to return to Gainesville so they could put all their hard work into action. He refused to show his family any signs of weakness. "Life goes on," Webster says.

What a heroic story! Webster is a real life testimony to all injured victims whose lives are forever changed by tragedy. Legal remedies are available to bring economic relief to injured victims; however, they cannot restore one's health. Ultimately, the individual's life is forever changed. Only he can find the inner strength to go on with life. No lawyer, judge or jury can do it for him.

According to a recent NewsChief article, Sunday, August 30, 2009, a woman lost control of her vehicle and crashed around 3:20 a.m. near the intersection of Dean Still Road and U.S. Highway 27, just north of Interstate 4, in Lakeland, FL.

The victim was identified as Alexis A. Saponaro by the Florida Highway Patrol. Saponaro died as a result of the collision.

Saponaro was driving west on Dean Still Road, in Lakeland, FL, when she lost control of the vehicle. Her 2001 Ford went onto the north shoulder of the road, where it then overturned several times and ended up on its left side in a ditch, partially submerged in water.

Saponaro was reported to be wearing a seat belt at the time of the crash, according to Sgt. Larry Kraus, a spokesman for the Florida Highway Patrol. The accident is still under investigation.

On this same day, another accident occurred on Berkley Road, near Polk City, FL.

The Polk County Sheriff's Office reported that at approximately 5:55 a.m., 26-year-old Megan L. Davis lost control of her vehicle, resulting in a crash and her death in Polk County, FL.

She was driving her four-door 1998 Ford Escort just south of Honey Bee Lane on Berkley Road, near Polk City, FL, according to the Sheriff's Office.

The Ford, which was traveling southbound, went off the west shoulder of the road, crossed Berkely road, and struck a utility pole on the east side of the road.

Davis was not wearing a seat belt, and died at the scene of the accident as a result of crash-related trauma.

In my practice as a personal injury attorney, I serve automobile accident victims in Polk County, FL. This is surely a tragedy for the families of these two young ladies. In the midst of their grief, it is important for families to seek the advice of an attorney. An early investigation of the crash may provide invaluable evidence in the future.