December 2009 Archives

December 22, 2009

Lakeland, FL Pedestrian Dies After Being Hit by Car

Lakeland, FL police say a Lakeland, FL man walked in front of a car Friday night, causing injuries that led to his death four days later.

According to the Lakeland Ledger, John Christopher Coniglio, 52, of 17 Oleander Circle of Lakeland, FL died early Tuesday morning of December 22, 2009 at Lakeland Regional Medical Center.

Police say he was walking south across East Memorial Boulevard in Lakeland, Fl, about 1,000 feet east of Lakeshore Drive in Lakeland, FL, around 9 p.m. on Friday, when he walked in front of an eastbound 1986 Ford driven by James Clifford Griffin, 28, of Lakeland, FL.

According to the Polk County Sheriffs Office police report, Griffin began honking and tried to brake when he saw Coniglio, but couldn't stop in time. The Ford struck Coniglio, who did not listen to the warning honks and never looked in Griffin's direction, police said.

Coniglio hit the windshield and was vaulted over the car. Griffin stopped and stayed with Coniglio until emergency workers arrived.

Griffin had been wearing a seat belt and did not sustain injuries.

Police say Coniglio was drinking at the time of the crash.

The accident remains under investigation.

Apparently, pedestrian accidents similar to this one are becoming more common, especially in large cities where more people walk among vehicles. According to the alcohol alert, a total of 41,059 total traffic fatalities were recorded in the US in 2007. Of those, an estimated 12,998, were drunk drivers. On average, someone is killed by a drunk driver in the US every 40 minutes. The effects of alcohol and intoxicated driving are far-reaching. Its effects go way beyond the number of killed and injured. We are all equally at risk.

If you or a loved one has been injured in an automobile accident, do not hesitate to obtain legal representation. At Rivas Law Group, we work diligently to defend your legal rights. Attorney Tania L. Rivas is dedicated to providing clients with the personal attention they deserve. Call Attorney Rivas today for a free consultation. You owe no fees or costs unless you win.


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December 20, 2009

Teen hit and killed by train in Auburndale, FL

The Polk County Sheriff's Office says a train hit and killed a teen Monday night of October 20, 2009, in Auburndale, FL.

The accident happened at Lake Alfred and Bolender Road in Auburndale, FL.

According to ABC Action News, 18-year-old Robert Lopez Jr., a senior at Auburndale High School in Polk County, FL, was walking along the center of the tracks around 6:00pm.

A 9-car, 2-engine Amtrak Passenger Train traveling from Miami to New York was nearing Bolender Road in Polk County Fl, around the same time.

According to the Polk County Sheriff's Office, the engineer of the train saw Lopez walking on the tracks and sounded the horn multiple times.

ABC Action News spoke with Robert Lopez's mother and she said she warned her son to stay away from the tracks numerous times.

Lopez did not seem to hear the horn, but when the train was approximately 20 feet away, he appeared to notice the train and tried to get off the tracks. He was hit and died at the scene.

The engineer stopped the train and called emergency personnel.

According to a recent News article, Florida ranks third nationwide in the number of people killed,120, in pedestrian-train deaths since the start of 2005. Four of those deaths were in Duval County, with two each in Clay and St. Johns and one in Nassau.

There are tips on how to avoid becoming a rail accident statistic, according to CSX Corporation :

- The only safe place to cross railroad tracks is at a public crossing, designated by the crossbuck.

- A safe distance from the nearest rail is at least 15 feet. However, because straps protecting heavy equipment could come loose, you might want to be 25 feet back.

- The average train overhangs the tracks by at least three feet; wider loads can stretch even farther from the tracks.

- Look both ways and listen before crossing tracks. Expect a train at anytime.

- Tracks, trestles, rail yards and equipment are private property. If you hunt, fish or ride your

Rivas Law Group, L.L.C. is a personal injury law firm located in Winter Haven, FL. Attorney Tania L. Rivas is dedicated to meeting the legal needs of Polk County, FL and representing injured victims.

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December 16, 2009

Polk County, FL Hit and Run Suspect's Husband Arrested

Rodney Clem Cummings of Davenport, Fl, was arrested for allowing his wife to drive the car that killed 17-year-old Samantha Hasting Friday, December 18, 2009. Rodney Cummings was in the car with his wife Candy in Haines City,FL, when the Polk County Sheriff's Office stated she hit Hasting and fled the scene.

According to ABC Action News, Polk County Deputies stated that Rodney knew Candy did not have a valid operator's license when she was driving. He was being sought for violating his probation on illegal dumping charges and has been in the Polk County, FL Jail 7 times.

Rodney Cummings is being held in jail without bond after violating the probation.

Pursuant to Florida Statue 316.027, The driver of any vehicle involved in a Florida, hit and run can be a very serious crime with very substantial penalties, depending on what happened in the accident. If you need to defend yourself in criminal court from a hit and run charge, you need to be sure that you are being represented by a skilled defense attorney with experience fighting hit and run cases. Your future and your freedom can depend on it.

In the instant case, the defendant may not only be facing criminal charges but also a civil action. In the State of Florida, motor vehicle owners can be liable for an injury accident whenever the defendant negligently entrusts the vehicle to another. In the instant case, the driver did not have a driver's license. Thus, there may be a case of negligent entrustment.

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December 14, 2009

Tenoroc High School Student Died Of His Injuries

A Tenoroc High School student died of his injuries Tuesday, December 8, 2009, after being hit by a car while walking home after school, the Polk County Sheriff's Office said.

Colton Meyers, 14, had been flown to Tampa General Hospital in Tampa, FL after the accident.

According to the Lakeland Ledger, the accident happened shortly after 2 p.m. at Old Dixie Highway West and Taylor Road South, in Lakeland, FL, as school was letting out, Polk County Police reports stated.

Meyers was walking east across Old Dixie Highway in Lakeland, FL, when he was struck by a gold Nissan driven by 17-year-old Jamiell Russell Jack, who is also a student at the school.
Traffic investigators stated Jack, who was heading south, was attempting to pass another vehicle in front of him when he struck Meyers near the east edge of Old Dixie Highway's northbound lane in Lakeland, FL.

Traffic investigators stated Jack, who was heading south, was attempting to pass another vehicle in front of him when he struck Meyers near the east edge of Old Dixie Highway's northbound lane in Lakeland, FL.

Jack's car came to a skidding halt when it struck a utility pole on the side of the road.

Meyers was flown from the scene in critical condition, Polk County officials said. Jack remained at the scene after the accident.

Jessica King, a student at the school, saw Meyers get hit. "I dropped my bag and I ran by his side," she told Bay News 9.

Meyers was bleeding from his nose and ears, and his arms and legs appeared to be broken, she said.

The injured teen tried to speak, but it was difficult.

Under the laws in Florida, hit and run can be a very serious crime with very substantial penalties, depending on what happened in the accident. Your future and your freedom can depend on it.

Rivas Law Group, L.L.C. is a personal injury law firm located in Winter Haven, FL. Attorney Tania L. Rivas is dedicated to meeting the legal needs of Polk County, FL and representing injured victims.

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December 10, 2009

Polk County, FL Teen Dies After Being Hit By Car In Lakeland, FL

A 14-year-old student died after he was hit by a car Tuesday, December 8, 2009, while he was walking near Old Dixie Hwy and Taylor Rd South in Lakeland, FL.

The victim, identified as Colton Meyers, was a student at Tenoroc High School, according to ABC action News.

Myers was taken by medical helicopter to Tampa General Hospital in Tampa, FL in critical condition and was later pronounced dead.

According to Polk County investigators, the driver of a Nissan involved in the accident was traveling south on Old Dixie Highway in Lakeland, FL.

The driver attempted to pass another vehicle in front of him and his car struck Meyers, who was crossing Old Dixie road in Lakeland, FL.

Any person who operates a motor vehicle and is involved in an accident is required by law to stop in a safe place, provide information to the owner of whatever property may have been damaged (car, property, person, etc.), and render aid to anyone who was injured if necessary. Those who cause property damage and are unable to identify or contact the property's owner are legally required to leave a note with contact information and file an accident report with the police. Failure to do these things constitutes a hit and run, according to Florida State Laws.

When a suspect is charged and convicted of a hit and run, sentencing usually takes into account:

• The nature of the accident
• The extent of damage
• Personal injuries
• Cooperation with law enforcement
• Criminal record


Rivas Law Group, L.L.C
. is a personal injury law firm located in Winter Haven, FL. Attorney Tania L. Rivas is dedicated to meeting the legal needs of Polk County, FL and representing injured victims.

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December 9, 2009

Polk County, FL Road Worker Struck, Killed by Truck

Jimmy P. Justice, 59, of Lake Wales, FL an equipment operator with the county's Dundee, FL maintenance facility, died in the accident, which happened about 11 a.m. as county maintenance crews were working along the shoulder of the road.

According to the Lakeland Ledger, Thomas U. Davidson, 51, of Haines City, was treated at the scene for minor injuries, the Polk County Sheriff's Office said.

The accident happened when a 2001 maroon Dodge Dakota pickup driven by Johnnie M. Lemon, 52, of Lakeland, FL, was heading east on Lake Hatchineha Road in Lakeland, FL and left the road for an unknown reason, the Polk County Sheriff's Office reported.

The truck first struck Justice and then hit Davidson as they worked along the road's shoulder. Justice died at the scene.

Justice had worked for the county since Feb. 15, 1988. He had expressed an interest in becoming a foreman and was working toward that goal, a news release from Polk County Sheriff's Office stated.

Justice was a veteran of the Air Force. He is survived by his wife of 35 years, Micheline, and one sister.

The accident is under investigation.

Every day in the United States, approximately 115 americans die from motor vehicle accidents.
According to the Florida Department of Transportation, in Polk County, FL alone there were more than 3,700 reported hospitalizations because of unintentional accidents and injuries during 2007. During 2006, 144 people were killed during an auto accident in Polk County, FL more than half of those individuals were pedestrians.

In my practice as a personal injury attorney, I represent accident victims in Polk County, FL. If your family member was killed in an accident, you should not delay in hiring an attorney to protect your legal rights. In this article, it is noted that the victim was struck by an automobile while working. Pursuant to Florida law, an individual who is injured or killed while in the course and scope of employment has a worker's compensation claim. Negligence law also applies. In Florida, there is a two year statute of limitations to bring a claim in both worker's compensation and wrongful death. Thus, it is crucial to hire a lawyer immediately.

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December 8, 2009

Polk County Detective Involved In Two Vehicle Crash in Lakeland, FL

A Polk County Sheriff's Office detective's car was struck by an oncoming car when he tried to make a U-turn on Reynolds Road on Wednesday afternoon, December 2, 2009.

The accident happened about 3 p.m. on Reynolds Road near the subdivision of Angler's Cove, in Lakeland, FL, police reports said. Those involved in the crash received minor injuries.

According to the Lakeland Ledger, Polk County Sheriffs Office Detective Kurt Karakash, was driving his Ford Taurus north on Reynolds Road in Lakeland, FL, when he made a U-turn and was struck by an oncoming Honda Accord, which was driven by Elias Rivera of Auburndale, FL.

The impact caused the Taurus to spin, and Rivera's Honda struck a fence on the west side of the road, Polk county, FL police reports said.

Karakash, was taken to Lakeland Regional Medical Center for minor injuries and was expected to be released Wednesday night.

Rivera, 23, and his three passengers, Jessica Negron, 22, Elieser Rivera, 1, and Elileana Rivera, 17, were also taken to Lakeland Regional Medical Center in Lakeland, FL, with minor injuries. Elileana Rivera was the only one not wearing a seat belt, reports said.

The accident remains under investigation.

Seat belt laws are divided into two categories: primary and secondary. Primary seat belt laws allow law enforcement officers to ticket a driver for not wearing a seat belt, without any other traffic offense taking place. Secondary seat belt laws state that law enforcement officers may issue a ticket for not wearing a seat belt only when there is another citable traffic infraction, according to the Governors Highway Safety Association.

Specific laws vary greatly from state to state, depending on the age of the rider and in what seat he or she is sitting, according to the Governors Highway Safety Association.


Rivas Law Group, L.L.C
. is a personal injury law firm located in Winter Haven, FL. Attorney Tania L. Rivas is dedicated to meeting the legal needs of Polk County, FL and representing injured victims.

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