Lakeland Florida Injury Lawyer Blog

On the night of Sunday, October 25, 2009, according to a recent News Chief article, a 2005 four-door Honda crashed into a mainline power pole on Old Polk City Road near State Road 33 in Lakeland, FL. The Honda, driven by Luke J. Huber, 28, of 125 Hamolia Ave., in Polk City, FL, crashed around 4:15 a.m. into a mainline power pole on Old Polk City Road near State Road 33, in Lakeland, FL.

According to the Polk County Sheriff's Office, Huber suffered minor injuries in the crash. He was later arrested by deputies on one count of driving under the influence and booked into the Polk County Jail.

The crash caused a major power outage around Polk City, FL, north of the Polk County-Lake County line.

Lakeland, FL, electric were still working to restore the power, and Lakeland, FL, utility officials estimated that power could remain out as late as 9 p.m., according to the Polk County Sheriff's Office.

According to a report released by Mothers Against Drunk Driving( MADD), almost 18,000 people died in alcohol-related accidents in the United States in 2003, up from 2002. The dangers of drunk-driving dangers were highlighted in the '80s and '90s. MADD began in 1979 after a teenage girl was killed by the car of a drunk driver and her mother decided to take action. In the past two decades since MADD's inception, drunk-driving deaths plummeted from 30,000 a year to 15,000.

According to the National Safety Council (NSC), every 30 minutes, someone dies in an alcohol-related crash. Alcohol-related motor vehicle crashes killed over 17,000 people in 2005 alone, which are the latest figures available. Alcohol is a factor in 6% of all traffic crashes, and over 40% of all fatal crashes.

The National Safety Council(NSC) estimates that injuries cost society $434.8 billion in 1995. This includes estimates of economic costs of fatal and nonfatal unintentional injuries together with employer costs, vehicle damage costs and fire losses. The costs by class were: motor vehicle, $170.6 billion; work, $119.4; and, home and public, $158.4 billion. In 1995, fatal injuries were the fifth leading cause of death behind heart disease, cancer, stroke and chronic obstructive pulmonary disease.

In my practice as a personal injury attorney in Polk County, FL, I represent DUI victims who sustain bodily injuries as a result of a drunk driver. In the State of Florida, it is important to note that if a DUI conviction is obtained against the drunk driver, a DUI victim may be entitled to punitive damages. Unlike compensatory damages, which are calculated to restore the plaintiff to his or her pre-accident state, punitive damages are awarded to punish the defendant for his/her actions.

According to the Lakeland Ledger, 43-year-old, Andrew T. Nguyen was killed Tuesday morning October 20, 2009, when he ran into the back of a dump truck that was stopped on U.S. 98 North and Clubhouse Road in Lakeland, FL.

The Florida Highway Patrol reported that Nguyen was driving Northbound on U.S. 98 in Lakeland, FL, in his 1997 Lexus sedan at 5:13 a.m. He ran into the rear end of a 2001 Mack dump truck that was stopped in the outside lane at the intersection. Nguyen died at the accident scene.

He was not wearing a seat belt, the report said. The driver of the truck, Mario L. Besu Perera, of Tampa FL, was not injured, the report said.

Failure to wear a seat belt contributes to more fatalities than any other single traffic safety-related behavior. Sixity three percent of people killed in car accidents were not wearing seat belts. Seat belt use is still the single most effective thing we can do to save lives and reduce injuries on America's roadways, as stated on the Center for Disease Control website(CDC).

According to the Center for Disease Control and Prevention,(CDC) In the United States, motor vehicle-related injuries are the leading cause of death for people ages 1-34, and nearly 5 million people sustain injuries that require an emergency department visit. The economic impact is also notable: motor vehicle crashes cost around $230 billion in 2000.

CDC's research and prevention efforts target this serious public health problem. They also concetrate on helping groups at risk such as child passengers, teen drivers, and older adult drivers. CDC also works to prevent pedestrian and bicycle injuries.

According to the Center for Disease Control and Prevention(CDC), age related decreases in vision, cognitive functions, and physical impairments may also affect some older adults' driving ability. Across all age groups, rates for motor vehicle-related fatalities are higher for men than for women. Finally, older drivers are more likely than younger drivers to die from injuries they sustain in a motor vehicle crash.

Research has shown time and time again that seatbelts save lives. In my practice as a Polk County, FL lawyer, specializing in personal injury law, I am amazed at the astounding number of traffic fatalities occurring each year in Polk County, FL due to the lack of seatbelts or infant car seats. From a legal perspective, it should be noted that failure to wear a seatbelt is an available defense in Florida. The plaintiff's recovery can be reduced or even depleted for failure to wear a seatbelt.

An 18-year-old senior at Auburndale High School, was struck by an Amtrak Train Monday evening on October 19, 2009. The victim was identified as Robert Lopez Jr., of Lake Alfred, FL, Lopez lived on South Char Mill Road in Lake Alfred,FL.

According to the Lakeland Ledger, Polk County Sheriff's Office spokeswoman Donna Wood stated that the engineer spotted the pedestrian walking in the middle of the tracks while rounding a curve. The engineer told officials that he sounded the horn, but the victim didn't appear to notice the train initially. When he spotted the train heading toward him, he tried to get out of the way, Wood said.

Monique Torrez, Lopez's mother, said she was stunned when deputies knocked on the door and told her what had happened. She and Lopez's two sisters spent Tuesday consoling one another as they tried to make sense of the tragedy. "He was supposed to catch the bus", Torrez said. She had warned him many times about walking on the train tracks. He usually walked home from wrestling practice on Tuesdays and Thursdays, Torrez stated.

According to the Polk County Sheriff's Office, Lopez was wearing headphones as he walked along the tracks around 6:20 p.m.

The Amtrak Silver Star,nine-car, two-engine passenger train, carrying 119 passengers was traveling 60 mph at the time. It was heading from Miami to New York, and was just east of the Auburndale city limits in Auburndale, FL, near Lake Alfred Road and Bolender Road. Lopez was struck around 6:20 p.m. Rounding a curve, the engineer spotted him walking in the middle of the tracks, he sounded the horn, but Lopez initially didn't appear to notice, Polk County Sheriff's Office spokeswoman Donna Wood stated. When Lopez spotted the train, he tried to get out of the way but didn't make it in time, Wood said.

"He used to go jogging in the middle of the night," Torrez said. "I used to talk to him about the consequences in life. He always said 'I'm not going to die. One reason Lopez walked was to stay fit, said his mother. He had been chubby before joining the wrestling team, and the 6-foot teen had become slender and obsessed with working out.

Grief counselors went to Auburndale High School in Auburndale, FL, to help his fellow students and those who were in his youth group at First United Methodist Church in Lake Alfred, FL, to help cope with the loss.

Auburndale High School Principal, John Hill said this is the first time during his three years as principal that he's lost a student, and he said it was emotional and at the same time encouraging to see how students comforted one another.

"What's going to be hard for me is mentally building their strength up," Torrez said about her two daughters. "I definitely don't want them to become traumatized. All I want people to do for me is pray." Torrez said her son was a big help taking care of his younger sisters at their two-bedroom duplex apartment on Charmil Avenue in Lake Alfred, FL, and now she's worried about them.

According to the recentFederal RailRoad Administration Office of Safety Analysis(FRRAOSA)report,15.8% of train accidents in the State of Florida were cause by Florida East Coast Railway Company(FEC). In 2006, there was only one reported train accident in descending frequency and no other accidents involving trains have been reported since the July 2009 report.

In my experience as a personal injury attorney, practicing in Polk County, FL, I have unfortunately seen many tragedies such as this one. No matter how many tragic cases I have handled, my heart continues to break each time I meet a family member grieving the loss of a loved one. No words can bring their loved one back and no amount of money can ever make them whole. However, families can perhaps take some comfort in knowing that the law can bring justice. My role as their lawyer is to seek that justice.

On Monday morning, October 12, 2009 around 10:00 a.m., at the intersection of Lemon Street and Florida Avenue, in Lakeland, FL, a red light-runner is to blame for a two-vehicle wreck, which injured two infants, a toddler, and three adults.

According to Justice News Flash, Lakeland, FL, police reported a Ford Focus struck a Chrysler PT Cruiser, which caused it to rollover. It was obvious that one vehicle ran the red light at the intersection of Florida Avenue and Lemon Street, in Lakeland, FL. Lakeland, FL police officials are trying to determine which vehicle ran the light.

Two infants, a 4-weeks-old and a 6-weeks-old, were injured in the wreck, and were transported by helicopter to Tampa General Hospital, in Tampa, FL for treatment of their injuries. Both infants were restrained in their safety seats and did not suffer from any life-threatening injuries.

Three adults and a 2-year-old were also transported to an area hospital by emergency medical services (EMS) crews for treatment. It was unknown if the 2-year-old was restrained in a child safety seat, and who was traveling in each vehicle when the collision occurred. Lakeland, FL, Investigators shut down the intersection, of Florida Avenue and Lemon Street in Lakeland, FL, while crews cleaned up the scene. Lakeland, FL, Police officials are conducting a full investigation of the two-vehicle crash.

According to the National Highway Traffic Safety Administration (NHTSA), nearly 9,200 people died and approximately one million people were injured in intersection-related crashes--approximately 40-45 percent of all crashes in 2008. The NHTSA reports that intersection-related crashes account for approximately 40-45 percent of all crashes in 2008. According to a 2005 report from NHTSA's Fatality Analysis Reporting System, crashes caused by red light running (RLR) resulted in an estimated 805 fatalities.

Currently there are red light cameras that are used by law enforcements around the world including in The City of Lakeland, FL. The National Stop Red Light Running Program(SRLR) has developed a variety of marketing materials for use in your local SRLR program. From professionally produced public service announcements to art for bumper stickers, podium signs, and program buttons, these materials will help you attract the attention of both the media and your target audiences.

In my practice as a personal injury lawyer, practicing in Polk County, FL, I have represented numerous victims of red light running. In my experience, I have found the rear-end collision to be most common. Red light and stop sign running frequently results in a "T-Bone collision," which can result in serious bodily injury and vehicle damage. The red light runner typically comes out of nowhere, taking the victim driver by complete surprise. The body is thus unable to brace for impact. If you or a loved one has been injured in an accident by a red light runner, do no hesitate to hire a lawyer immediately.