November 2009 Archives

November 30, 2009

Two Injured In Lakeland, FL Crash

Polk sheriff's officials said deputies are searching for a person involved in a crash that left two other people injured early Sunday, November 29, 2009.

According to the Lakeland Ledger, a 2005 Mitsubishi Galant heading east on Knight's Station Road just east of Sand's Road about 3:45 a.m. struck a utility pole and rolled, the Polk County Sheriff's Office stated.

Regis Sherrod Valbrun, 20, of Dade City,Fl, was taken to Lakeland Regional Medical Center with serious injuries and Kevin Todd Floyd, 21, of Zephyrhills, FL, had unknown injuries, reports stated.

A third person apparently left the crash scene, according to the Polk County Sheriff's Office. No one in the car was wearing a seat belt, reports stated.

According to the National Highway Traffic Safety Administration(NHTSA), a total of 43,200 people died on the nation's highways in 2005. Fifty-five percent (55%) of passenger vehicle occupants who died were not wearing seat belts.

Nationwide, 10.2% of students had rarely or never worn a seat belt when riding in a car driven by someone else. Overall, the prevalence of having rarely or never worn a seat belt was higher among male (12.5%) than female (7.8%) students, according to a 2005 National Center for Chronic Disease Prevention and Health Promotion Youth Risk Surveillance report.

According to the 2007 Youth Risk Surveillance report, In the United States, 72% of all deaths among persons aged 10-24 years result from four causes: motor vehicle crashes, other unintentional injuries, homicide, and suicide. Results from the 2007 national Youth Risk Behavior Survey (YRBS) indicated that many high school students engaged in behaviors that increased their likelihood of death from these four causes. Among high school students nationwide during 2007, 11.1% had never or rarely worn a seat belt when riding in a car driven by someone else.

As a personal injury attorney, practicing in Polk County, FL, I have seen first hand the consequences of not wearing a seat belt. A split second decision not to wear a seatbelt can have lifelong consequences. Get into the habit of buckling up each time you go for a ride. It's a decision that may very well save your life!


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November 30, 2009

Polk County Sheriff Deputy Injured in Lakeland, FL Car Crash

A Polk County sheriff's deputy and another driver were treated for minor injuries after a collision early Sunday, November 29, 2009, on U.S. 27 in Davenport, FL, according to the Polk County Sheriff's reports.

According to the Lakeland Ledger, the accident happened about 1:40 a.m. on U.S. 27 near the Interstate 4 entrance ramp, reports said.

Deputy Zulaika Vizcarrondo was driving south on U.S. 27 in Lakeland, FL, in emergency mode, on her way to a call of a fight in progress. Her car collided with a 2005 Toyota Scion driven by Michael Boyette, 24, of Odessa, FL, who was crossing U.S. 27 in Lakeland, Fl, from a side access road on his way to the I-4 westbound ramp, according to the Polk County Sheriff's Office. The front driver's side of the patrol car struck the front passenger side of the Toyota.

Boyette and Vizcarrondo, who were wearing seat belts, received minor injuries and were taken to Heart of Florida Regional Medical Center, where they were treated and released.
The crash remains under investigation.

According to the National Safety Council, seat belts save lives. While seat belt use has been increasing about 84 percent nationally, there are still groups less likely to wear seat belts: teens, commercial drivers, males in rural areas, pick-up truck drivers, people driving at night, and people who have been drinking. Resources here include data, effective prevention, and links to national and state organizations working on this issue.

Seat belts are the single most effective traffic safety device for preventing death and injury, according to the National Highway Traffic Safety Administration. Wearing a seat belt can reduce the risk of crash injuries by 50 percent.

In my practice as an attorney in Polk County, FL, I represent automobile accident victims. If you have been injured in an automobile accident, consult with an attorney right away. Our consultation is free and there's no fee or costs owed unless you win.

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November 29, 2009

Motorcyclist Who Dies in 2-Vehicle Crash on U.S. 98 In Lakeland, FL Is Identified

A motorcyclist was killed in a crash in Lakeland, FL about 9 p.m. Saturday, November 28, 2009, Polk County authorities stated.

According to the Lakeland Ledger, Raymond Leo Horn III, 21, of Lakeland, FL,was driving a 2005 Kawasaki north on U.S. 98 North in Lakeland, FL, about 9 p.m., reports said.

A 2001 Hyundai, driven by Jaimee Lynn Piechota, 21, of Massachusetts, was driving south on U.S. 98 North in Lakeland, Fl, and pulled in front of Horn when turning onto Wedgewood Estates Boulevard and crashed into the motorcyclist, who was driving north on U.S. 98 in Lakeland, Fl, according to Polk County police reports.

Lakeland police blocked off northbound traffic on U.S. 98 between Sleepy Hill Road and Wedgewood Estates Boulevard in Lakeland, FL as they investigated the crash.

The impact of the crash ejected Horn from the motorcycle and he was declared dead at the scene, police said. Piechota received minor injuries and was taken to Lakeland Regional Medical Center for treatment. Piechota was wearing a seat belt and Horn was wearing a helmet, reports said.

According to the recently released, Florida Department of Highway Safety and Motor Vehicles annual Traffic Crash Statistics Report for 2004, 388 motorcycle riders killed in crashes on Florida roads during 2004, over 51% were wearing safety helmets. The crash facts also demonstrate that riders wearing safety helmets were more likely to sustain injuries than non-helmeted riders. In each of the statistical focus topics presented in the study, the percentage numbers were very close between helmeted and non-helmeted riders, except for non-injury crashes.

In conjunction with the Florida legislature, American Bikers Aimed Towards Education(ABATE) is putting Billboards throughout the state to encourage drivers to be aware of motorcycles and to drive alertly. To take personal responsibility for their driving actions and to think about the way they operate their vehicles.

In my experience as a personal injury attorney, practicing in Polk County, FL, I represent victims of motorcycle accidents. Motorcycle accidents are typically very serious accidents as victims may sustain serious fractures or even fatalities. In such cases, it is critical to hire an experienced lawyer to investigate the crash and pursue damages.

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November 22, 2009

Daredevil Adventure Ends In Accident Lakeland, FL

Shawn Gathagan, 25, of Lakeland, FL, had overcome a lot in six years, but it all ended on November 21, 2009.

According to the Lakeland Ledger, Gathagan was long boarding down a hill on Adam Barn Road in Lake Alfred, FL, on Wednesday, November 21, 2009, without a helmet when he began to speed up and lost control. He fell off the board and hit his head, sending him to the hospital. Family members Saturday recalled Gathagan as a daredevil who loved pushing himself to do more.

Gathahagan never graduated from Auburndale High School but worked his way up to a managerial position at the Auburndale Publix, where he trained others, said his mother, Tammy Ellis of Polk City, FL.

"He was a little daredevil," Ellis said. "You name it, he would do it. It didn't stop him."

He had three different surgeries, and recovered within two years. He'd endured two years of testicular cancer and many other complications. He'd also survived a terrible car crash last year.

Vicki Darley, Gathagan's girlfriend of nine years, recalled the day Gathagan got his tattoo, an image of praying hands, and the phrase, "Only the strong." "He got it because he believed that he could survive anything," she said. "He's the strongest person that I know."

Gathagan had begun to raise money for Relay For Life, a nationwide fundraiser started by the American Cancer Society. The Publix where Gathagan was employed is continuing the fundraiser.

Gathagan is survived by his parents, Rickey and Tammy Ellis of Polk City; and sisters Tamara Ellis of Polk City, FL and Sonia Carrell of Lakeland, FL. Funeral services will be Monday at 7 p.m. at the First United Methodist Church in Auburndale.

Donations may be sent to Relay For Life Cancer Program C/O Publix Super Markets, 606 Havendale Blvd. Auburndale, Fla. 33823.

According to Silver Fish Longboarding, Skateboarding in the United States is increasing in popularity. Throughout 2006 Skaters for Public Skateparks (SPS) tracked several aspects of skateboarding activity, including skateboard-related fatalities, as reported in the media, online sources, and other publishing sources. On average, 2006, had nearly one person killed per week while skateboarding; a total of 42 skateboarding youth died while recreating. Of these 42 deaths, 40 occurred outside of skateparks.

As a personal injury attorney, practicing in Polk County, FL, I represent victims who sustain injury on another's property. Premises liability is negligence-based law, which analyzes the condition of the property to determine liability on the landowner. The first step in the analysis, is to determine the victim's status. Was he a trespassee or an invitee? This determines the level of care owed to the victim. In the instant case, this article does not mention whether the incident took place on private property or in a public road. The answer to this question, as well as whether the victim had permission to be on the property will play a great role in determining liability, if any.


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November 20, 2009

Lakeland, FL Driver Hits Palm Tree On Cleveland Heights

According to the Lakeland Ledger, authorities stated that a Lakeland woman crashed her car Thursday, November 19, 2009, while tuning her radio.

Stacy Elizabeth Sumner, 42, of Lakeland, FL, was driving south on Cleveland Heights Boulevard in Lakeland, FL, when Polk County police stated she began tuning her radio and drifted into the right lane, close to the car next to her.

Sumner overcorrected the wheel, and her car crashed into the median and hit a 40-foot palm tree, knocking it over. The tree came to rest on top of her car, and Polk County city workers had to lift the tree off the car before the car could be removed from the median.

The investigation is ongoing, and police say Sumner's injuries were minor.

According to a recent article on distracted driving, there is a tendency to think that multi-tasking while driving is the cause of driver inattention or distraction. This belief leads to demands for new laws that restrict or ban the use of in-car communication devices such as phones and computers. But the correct argument is that multi-tasking can lead to driver distraction when drivers haven't properly trained themselves to use the new car gadgets. This is true for older devices like the familiar radio and CD as well as the new, like GPS, phones, and e-mail. So it's true that multi-tasking becomes the occasion for drivers to make more mistakes, when they fail to train themselves properly. This increased training is a joint responsibility of the individual driver and the government.

Multi-tasking behind the wheel is a matter of degree and all drivers are responsible for determining when they need additional self-training activities. When drivers overstep this line, they become socially and legally responsible. Drivers who allow themselves to be distracted by their multi-tasking activities are increasing the risk factor for themselves and imposing that dangerous limit on others--passengers, other drivers, pedestrians. This increased risk to which others are subjected is similar to other driving behavior that are considered aggressive and illegal: going through red lights, failing to yield, exceeding safe speed limits, reckless weaving, drinking and driving, driving sleepy or drowsy, road rage, etc.

Safe driving is up to you. Recognize the extra risk you face and do all you can to ensure your own safety and that of others. As a personal injury lawyer practicing in Polk County, FL, I have the innocent victims who suffer because of another distracted driver. If you have been injured in an automobile accident, do not hesitate to seek legal advice. Our initial consultation is free and there are no fees or costs unless you win. Call us today!


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November 17, 2009

Lake Wales, FL Driver Dies After State Road 60 Crash

Dan T. Rutherford, an Okeechobee truck driver, died Monday, November 16, 2009, following a traffic crash on State Road 60 in Lake Wales, FL.

According to the Lakeland Ledger, Rutherford, whose age was not available, around 1:30 p.m. near the 100 block of S.R. 60 East in Lake Wales, FL , was driving a Peterbilt dump truck, that was pulling a utility trailer and heading east on S.R. 60 in Lake Wales, FL.

Rutherford's truck suddenly veered left of the road, crossed the grass embankment on the south side of the road and struck a palm tree, according to the Lake Wales police report.

Rutherford was unresponsive when emergency workers arrived and he was taken to Lake Wales Medical Center in Lake Wales, Fl, where he died of his injuries, reports said.

The cause of his death has not been determined and the crash remains under investigation.

Fifty-eight percent of fatal crashes involved only one vehicle, compared to thirty-one percent of personal injury crashes and thirty-one percent of property-damage crashes, according to a 2008 Fatalitity Anaysis Report.

According to the U.S Department of Transportation, motor vehicle crashes are the leading cause of death among Americans 1-34 years, the total societal cost of crashes exceeds $230 billion annually. Contributing to the death toll are alcohol, speed, and various other driver behaviors plus the kinds of vehicles people drive and the roads on which they travel.

Motor vehicle travel is the primary means of transportation in the United States, providing an unprecedented degree of mobility. Yet for all its advantages, deaths and injuries resulting from motor vehicle crashes are the leading cause fatalities accounted for nearly 95 percent of transportation-related fatalities. deaths, injuries, and economic losses from motor vehicle crashes in the United States. Fortunately, much progress has been made in reducing the number of of deaths and serious injuries on our Nation's highways.

In 2008, the fatality rate per 100 million vehicle miles of travel (VMT) fell to a historic low of 1.27. The 1998 rate was 1.58 per 100 million VMT.

The National Occupant Protection Use Survey(NOPUS) reported a 82-percent seat belt use rate nationwide for 2008. Data has also shown a decrease in the number of fatalities in alcohol-impaired-driving crashes, from 12,546 in 1998 to 11,774 in 2008. However, much remains to be done. The economic cost alone of motor vehicle crashes in 2000 was $230.6 billion.

In my experience as a personal injury attorney, practicing in Polk County, FL, I have seen a staggering number of automobile accidents along SR 60 in Polk County, FL. Unfortunately, many of these collisions were fatal. The lack of traffic lights, grassy median and high speed limit can be a recipe for disaster. As a fellow driver, I caution all Polk County, FL drivers to exercise extreme caution while driving this roadway. Be a defensive driver and never let your guard down!


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November 16, 2009

Polk County Deputy Injured In A Two Car Crash

A Polk sheriff's deputy was hospitalized with a broken leg Sunday morning of November 15, 2009, after a traffic crash on U.S. 92 near Lynchburg Road in Auburndale, FL and Lake ALfred, FL.

According to the News Chief, around 5:30 a.m., Deputy James Barber, 25, was traveling east on U.S. 92 in his patrol car on his way to work at the Northeast District substation in Davenport. Sheriff's officials said a westbound 1997 Honda Accord, driven by Damassy Carlota Carlo Ortiz, fishtailed, crossed the median and collided with Barber's car.

As a result of the collision, Barber's car rolled into a ditch along the shoulder of the U.S 92 near Lynchburg Road in Auburndale, FL. The patrol car landed on the passenger side, trapping Barber inside for an hour, the report stated.

Haines City police and Polk County, Emergency Medical Services personnel where the first emergency units to respond to the crash, according to the police report. Barber was freed from his vehicle and taken to Winter Haven Hospital, where he was being treated Sunday afternoon for non-life-threatening injuries, including the broken leg.

Ortiz did not complain of any injuries but still was taken to Winter Haven Hospital in Winter Haven, FL, for evaluation. No injuries were found and she was later released from the hospital, according to the report.

The eastbound and westbound lanes of U.S. 92 were closed between Lynchburg Road and 21st Street in Auburndale, FL, until 9 a.m due to the crash and the investigation.

The Polk County Sheriff's Office had no immediate information about possible charges.

According to the Polk County Sheriff's Office, Barber was hired in July 2006 to work in the sheriff's Animal Control division and he became a deputy in October 2008.

According to the Fatality Anaylisis Reporting System(FARS), midnight to 3 a.m. on Saturdays and Sundays proved to be the deadliest 3-hour periods throughout 2007, with 1,251 and 1,383 fatal crashes, respectively.

As an attorney in Polk County, FL, practicing personal injury law, one of the first questions I ask a prospective client is whether they were in the course and scope of their employment when the accident transpired. It's an important question because it determines whether Worker's Compensation applies. A victim who is injured in an automobile accident while in the course and scope of their employment not only has a potential bodily injury claim against the at-fault driver, but also a Worker's Compensation claim through their employer.

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November 16, 2009

Three Car Crashes Result in Three Deaths on Polk County, FL, Roads

A man and two teens from Polk County, FL, were killed in three separate crashes Friday, November 14, 2009 and in the early morning hours of Saturday, November 15, 2009 Polk County authorities said.

According to the Lakeland Ledger, the first accident occurred about 7:30 p.m. Friday on Dundee Road, just west of Carl Floyd Road in Dundee, FL.

Amber Shaw, 17, of Eagle Lake, FL, was driving west on Dundee Road, in Dundee, FL, when her green 1999 Hyundai veered onto the north grassy shoulder, then traveled back onto Dundee Road, Lakeland, Fl, and began rotating into the eastbound lane, where it was struck by another car. A beige 2000 Chevrolet, driven by 52-year-old Lucinda Shelby, struck the Hyundai on the driver's side. Shaw was declared dead on scene. Shelby was not injured. The investigation is ongoing.

Both drivers were wearing seat belts, and the airbags were deployed in each car.

According to an FHP report, a 1990 Ford Taurus station wagon being driven by Thomas Kyle Conroy, 19, of Davenport, FL, was traveling west on Deen Still Road, Lakeland, Fl, when Conroy swerved to avoid an animal and lost control. The car went onto the south shoulder of Deen Still Road, Lakeland, FL, where it crashed into a tree and overturned. Mark E. Tourigny, 18, of Davenport, was killed when the car he was in hit a tree on Deen Still Road west of Lucky World Drive in Davenport about 3 a.m., the Florida Highway Patrol said.

Tourigny died at the scene of the crash. Conroy received minor injuries, the report said. Neither were wearing seat belts.

In the third accident, a 29-year-old, Brian Charles Dier, of 407 Corona Del Mar, in Lakeland, FL, was a passenger in a 2008 Honda Fit which was driven by Heather Nicole Williams, 28, also of 407 Corona Del Mar, in Lakeland, FL, the FHP reported. The two were heading east on Old Polk City Road, Lakeland, Fl, at 4:10 a.m. Williams vehicle failed to stop at State Road 33, the FHP report said. As it crossed the intersection, Williams veered left onto the shoulder of S.R. 33. The right front of her vehicle struck a guide wire, causing it to rotate clockwise, the report said.

Dier, who was not wearing a seat belt, and he was thrown from the vehicle. He died at the scene of the crash from his injuries. Williams, who was wearing a seat belt, received minor injuries, the report said. Both of Saturday's accidents are still being investigated and charges are pending, the report said.

According to a recent article by Steven D. Levitt and Jack Porter, Dier, past estimates of seat belt effectiveness span a wide range. Nineteen case studies reported on seat belt effectiveness had estimates ranging from an 8% to an 86% reduction in death or injury relative to those not wearing seat belts. Recent research and government evaluations continue to support the effectiveness of air bags. The National Highway Traffic Safety Administration estimates that air bags saved more than 3,000 lives between their introduction and September 1998.

In my practice as a personal injury attorney, practicing in Polk County, FL, I represent automobile accident victims. If you have been injured in an automobile accident, you should not delay in consulting with an attorney. Know your rights! Call us toll free at (877) 299-5539 for a free consultation. There are no costs or fees unless you win.

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November 11, 2009

One Hurt, One Dead in Crash On U.S 92, Lakeland, FL

According to the Lakeland Ledger, about 12:30 p.m. on November 10, 2009, 28-year-old Jose Vargas, of Lakeland, Fl, lost control of his 1992 Honda Civic while attempting to pass a semi truck West Bound of U.S. 92 in Lakeland, FL.

Polk County Deputies said it appears Vargas crossed the median and entered the eastbound lanes of traffic.

Vargas, of Lakeland,FL, was not wearing a seat belt and he was ejected from the car. He died at the scene. His passenger, Louis Enrique Vega-Rosario, 34, of Lakeland, FL, was wearing a seat belt. He was taken to Lakeland Regional Medical Center where he is stable, Polk County Police reports states.

Traffic on U.S. 92, in Lakeland, FL, was reopened at the scene of a traffic crash that killed one man and injured another near the entrance to Saddle Creek Park in Lakeland, FL.

According to the Centers For Disease Control And Prevention, in the year 2005, safety belts saved the lives of an estimated 15,632 people over 4 years of age, and child-restraint use saved the lives of 420 children ages 4 years and younger. Drivers and passengers can cut their risk of dying in a crash by half simply by buckling up.

According to the Click It or Ticket campaign, Motor vehicle-related injuries kill more children and young adults in the age group 1 to 34 than any other single cause in the United States. In 2005, 31,415 occupants of passenger cars and light trucks died in motor vehicle crashes in the United States. This includes 1,617 children ages 15 years and younger and 4,899 people ages 16 to 20 years.
The Click It or Ticket campaign also states that, more than half the people killed in motor vehicle crashes in 2005 were not wearing safety belts

An automobile accident is no laughing matter. In my experience as a personal injury attorney, I have seen first hand the consequences of not wearing a seat belt. So be sure to buckle up. Not only is it the law....it may just save your life!

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November 10, 2009

Little Boy Hit By Car, Flown To Hospital, Lakeland, FL

A 11-year-old boy was struck by a vehicle and airlifted to Tampa General Hospital on November 9, 2009

According to the Lakeland Ledger, The boy, whose name is not known, was hit near Lake Mattie Road and Flint Drive in Auburndale, FL, around 7:30 p.m., according to Polk County Public Safety Officials.

Details on his condition weren't available Monday night. Florida Highway Patrol troopers were investigating.

According to the Centers for Disease Control and Prevention, in the United States during 2005, 1,335 children ages 14 years and younger died as occupants in motor vehicle crashes, and approximately 184,000 were injured. That's an average of 4 deaths and 504 injuries each day 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.

According to Safe Kids USA, from 2001-2003 approximately 2,500 children per year between the ages 1-14, reported to emergency rooms in the United States and an average of 229 children per year died after being struck by a vehicle in a driveway or parking area in the United States. Close to half of children injured in these incidents were between the ages of 1-4 in the United States.

Safe Kids USA addresses the three ways children can be injured in non-traffic related incidents in and around cars. While the majority of deaths to children involving motor vehicles are traffic related, approximately ten percent of deaths are reported as non-traffic related.

As a personal injury attorney, practicing in Polk County, FL, I am not shocked by these numbers. In my practice, I have handled wrongful death cases involving the tragic death of young children and adolescents. Sometimes, the victim's failure to wear a seat belt or car seat restraint was the leading cause of death. This is so unfortunate, especially since research clearly supports how seat belts can save lives. So please, BUCKLE UP! You'll be glad you did.

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November 5, 2009

Car Crash Knocks Out Verizon Services in South Lakeland, FL

Around 1:20 a.m. Sunday November 1, 2009, at County Road 540A near Scott Lake Elementary, Lakeland, FL, a Mulberry driver whose vehicle struck a Verizon communications box, left 500 South Lakeland, FL, homes without telephone and Internet service, Verizon officials said.

According to the Lakeland Ledger, Christina Leclair, 24, was driving west on C.R. 540A, Lakeland, FL, when her 1999 Dodge Durango sports utility truck drifted off the road and struck the box and then a wooden residential fence, Polk County Sheriff's officials said.

It is not known if Leclair was under the influence of alcohol, which could have contributed to the car crash, or if she was wearing seat belt. Blood samples have been submitted for testing, according to the Polk County Sheriff's Office spokesman Scott Wilder.


Full service isn't expected to be restored until sometime Tuesday, said Verizon spokesman Bob Elek. "We've been working around the clock to get that restored," he said.

The replacement box has been received by Verizon crews, but the process of repairing the communications conduit is a "painstaking" process, he said.

Verizon technicians, surrounded by flood lights, worked throughout the night Monday.

No charges have been filed in the case, which remains under investigation.

According to the Florida Drunk Driving Statistics, In Florida, the percentage of alcohol related fatalities peaked in 1983, while the actual number of alcohol related deaths peaked in 1986. In 2008, out of all traffic fatalities, 29% involved a blood alcohol concentration (BAC) of 0.08 or higher, with 875 fatalities.

All 50 states in the US now apply two statutory offenses to operating a motor vehicle while under the influence of alcohol. The first offense is known either as driving under the influence (DUI), driving while intoxicated/impaired (DWI), or operating while intoxicated/impaired (OWI). The second offense is called "illegal per se", which is driving with a BAC of 0.08% or higher. Since 2002 it has been illegal in all 50 states to drive with a BAC that is 0.08% or higher.

Florida codifies its laws against drunk driving in Fla. 316.193 & 775.082 which classifies 1st and 2nd offenses as a misdemeanor while 3rd or subsequent offenses are considered a 3rd degree felony.

In the State of Florida, car crash fatalities caused by DUI/DWI or OWI, have increased since 1982. There were only 2,653 car fatalities up until 2007 when car crash fatalities rose up to 34%. In 2008, the percentage of car crash related fatalities decreased to 29%, which leaves a total of 2,978 car crash fatalities while driving under the influence/intoxicated or operating a vehicle while intoxicated/impaired.

If you or a loved one is the victim of a drunk driving accident, do not hesitate to hire a lawyer.

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November 5, 2009

Driver Cited; Two Children Were Hit By Car, Melborn, FL

According to the Lakeland Ledger, two children were treated after being hit by a car backing out of a driveway in Mulberry, FL on Wednesday, November 4, 2009.

According to the Polk County Sheriff's Office, Joy Meyer, 51, of Lakeland, FL, was backing out of her driveway at 5159 Misty Lake Drive in Lakeland, FL at approximately 8 a.m. when she struck two children waiting for a school bus.

Neither child was injured seriously, the Polk County Sheriff's Office said.

Polk County Sheriff Officials identified the children as 7-year-old Christina Mitchell, and 10-year-old Britney Cain who both received abrasions. Mitchell was transported to Lakeland Regional Medical Center, in Lakeland, FL as a precautionary measure. Cain's parents took her to their private physician.

Meyer has been cited for improper backing, the Polk County Sheriff's Office stated.

According to the statistics from the KIDS AND CARS database, as of June 26, 2009, there have been 302 reported deaths of children who were left unattended in or around motor vehicles.

The KIDS AND CARS database is used to describe specific incidents involving children, ages 14 years and younger, who died as a result of being left unattended in or around motor vehicles. Currently, no federal or state agency is collecting information related to deaths and injuries that occur as non-traffic incidents on private property, according to KIDS AND CARS.

The Center for Disease Control and Prevention(CDC) reports over 9,100 children who were treated in a hospital emergency room due to crash related injuries in the United States.

The Web-based Injury Statistics Query and Reporting System(WISQARS), is a organization that works in conjunction with the Center for Disease Control and Prevention, is an interactive database system that provides customized reports of injury-related data in the United States. WISQARS provides national estimates of nonfatal and fatal injuries treated in U.S. hospital emergency departments, as well as the leading causes of car crash injuries. WISQARS also charts death rates by common causes, including non-fatal and fatal car crash injuries.

In my experience as a personal injury attorney, practicing in Polk County, FL, I represent victims of automobile accidents. As the attorney, it is my role to look at the client's case from all angles. It is important to note that Florida law permits a defendant in a negligence case to raise a comparative negligence defense. If successful, the plaintiff's award may be reduced by the percentage of the plaintiff's own negligence. When the accident victim is a minor child, one should further look to the parent or adult who was responsible for the victim at the time of the accident. The comparative negligence defense may be raised if there is a question of inadequate supervision.

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November 3, 2009

S.R 544 Crash Ties Traffic, Winter Haven, FL

Traffic heading Westbound on S.R.544(Lucerne Park), East of Winter Haven, FL, was at a standstill around 11am on Monday, November 2, 2009.

According to the a recent News Chief article, the traffic backup, which lasted from 20 to 30 minutes, was centered around the Winter Ridge condominiums, a witness reported. The same witness said traffic heading east, away from the city, was moving swiftly.

According to Sgt. Brad Coleman, a spokesman for the Winter Haven, FL Police Department, the crash happened outside city limits and was being investigated by the Polk County Sheriff's Office, Polk County, FL. Winter Haven, FL, police officers were on hand to help direct traffic, Coleman said.

According to a 2008 Florida Department of Highway Safety and Motor Vehicles(FDHSMV) crash statistics report for Polk county FL, 7,522 traffic crashes were reported to the Florida Department of Highway Safety and Motor Vehicles in 2004. In 2005, 7,948 crashes were reported. According to the FDHSMV report, the lowest number of crashes reported during the last five years was 6,446 in 2008.

Compared to 2007, there was a 5% decrease in traffic crashes investigated and reported in the State of Florida. There was a 7.4% decrease in traffic fatalities, compared to 2007. According to the 2008 Florida Department of Highway Safety and Motor Vehicles crash statistics report, 59.5% of all crashes occurred in primarily business areas, while 53.2% of fatal crashes were in open country and residential areas.

This article makes no mention of physical injuries sustained in this crash. For some, a car crash is merely an inconvenience......nothing more than the cause of a frustrating traffic jam. But for others, a car crash is a devastating and life changing event.

Accident victims are often faced with many questions. How can I get my car fixed? Who will pay for my lost wages? What are my legal rights?

What's worse is that victims are often struggling to overcome their injuries in the midst of this confusing time. At Rivas Law Group, L.L.C., we understand our client's pain. We patiently guide clients through the process while enforcing their right to compensation.

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