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.
