Lakeland Florida Injury Lawyer Blog

A 15-month Florida Department of Law Enforcement investigation has cleared the Polk County Sheriff's Office and a former deputy of responsibility in a fatal 2002 crash.

According to the Lakeland Ledger, in the report released on Wednesday, April 14, the Florida Department of Law Enforcement stated former Sgt. Scott Lawson was not responsible for the crash that killed a Polk County, FL teenager. Lawson was pursuing the car on a dark and curvy road in his unmarked car, without lights or sirens activated.

The FDLE report also found the Polk County Sheriff's Office did not hide evidence in its investigation of the crash.

"There is no cover-up," Chief Gary Hester of the Polk County Sheriff's Office stated Wednesday.

The FDLE reported that "private investigator Wayne Tucci ... found no evidence of damage (to Lawson's car) and photographed the vehicle from different angles."
But the Polk County Sheriff's Office found that Lawson had violated the agency's policies in the chase.

The 15-mile chase reaching speeds of more than 100 miles per hour ended in the pre-dawn hours of May 31, 2002, about 10 miles east of Lake Hamilton, in Polk County, FL.

With Lawson's unmarked car close behind, Adam Jacoby, of Dundee, FL crashed his Volkswagen Passat into pine trees near a curve on Lake Hatchineha Road, in Lakeland, FL shearing his car in two, and ejecting and killing 16-year-old Miles White, his lone passenger.

Jacoby is the son of former state Rep. Marty Bowen, a Haines City, FL Republican and member of a prominent citrus family.

And Tucci was working for Jacoby's defense team.

Traffic detectives investigating the accident blamed Jacoby, who was 18 years old at the time.

Traffic fatalities have been on the rise in the State of Florida since 1996. Florida's fatality rate reached all record high for a third consecutive year with a reported number of 3,533 traffic fatalities in the State of Florida during 2005.

According to the Florida Legislator's Office of Economic and Demographic Research, Florida's population has reached over 18,000,000 since 2005.

An elderly Lake Wales, FL woman died Thursday from injuries sustained in a collision involving her car and a school bus, the Polk County Sheriff's Office reported. The only person aboard the bus at the time of the accident was the driver.

According to the Polk County Sheriff's Office, the crash occurred approximately at8:10 a.m. Thursday at South Ninth Street and Belleview Drive in Lake Wales, FL.

According to the News Chief, Ila Earlene Clem, 74, of Candlelight Loop, in Lake Wales, FL was driving a 2006 Hyundai Elantra north on South Nine Street, in Lake Wales, FL when, according to the accident report, she apparently ran a stop sign and pulled into the path of the 2009 Thomas Built school bus, which was traveling west on Belleview Drive, in Lake Wales, FL.

The bus struck the passenger's side of the Elantra and both vehicles began to spin, eventually coming to rest at the north corner of Belleview Avenue and South Ninth Street, in Lake Wales, FL according to the Sheriff's Office.

Clem first was taken to Lake Wales Medical Center, in Lake Wales, FL but then was flown to Lakeland Regional Medical Center, in Lakeland, FL where she died from her injuries.

The driver of the bus was identified by the Sheriff's Office as 52-year-old Charles Dale Money of Silver Spur Loop in Lake Wales, FL. He suffered only minor injuries.
Clem was not wearing a seat belt at the time of the crash, but the bus driver was wearing his, the Polk County Sheriff's Office stated.

The crash remains under investigation.

According to the Florida Senate report on school bus driving training and bus maintenance, during 2002 almost one million public school students were passengers on school buses. During the 5-year period of 1998 through 2002, 4,830 school buses were involved in crashes in Florida. These crashes involved 32,207 children who were riding a school bus and 53 children who were outside a bus. Six children died in school bus related crashes. Two children were killed while riding in the school bus and four were killed while getting on and off a school bus. Fifty-six injuries required transportation of a victim from the crash site.

National statistics have consistently demonstrated that school buses constitute one of the safest forms of transportation. According to the National Research Council children are at far more risk traveling to and from school by bike, walking, or in private passenger vehicles -- especially if a teen-age driver is involved -- than in school buses.

Rivas Law Group, LLC is a law firm located in Winter Haven, FL, that practices personal injury law. Attorney Tania L. Rivas is dedicated to meeting the needs of injured victims in Polk County, FL. If you or a loved one has been injured, please call us at (877) 299-5539 for a free legal consultation. There is no fee unless you win your case.

According to the Lakeland Ledger, a 5-year-old girl suffered a severe head injury about 6 p.m. Friday. A man who says he is a neighbor stated she was hurt when she fell off a large, golf cart-type vehicle that has off-road tires.

According to Glenn Steffy, battalion chief with the Lakeland Fire Department, in Lakeland, FL three children were riding on the vehicle when the girl fell off and was hit. The man stated it happened on Chippendale Road, in Lakeland, FLwhich is near Wendell Watson Elementary School in North Lakeland, FL.

The girl was transported by helicopter to Tampa General Hospital in Tampa, FL.

According to Science Daily, golf carts are used in more settings off the golf course, the number of injuries is rising. According to an article in the July 2008 issue of the American Journal of Preventive Medicine, from 1990 until 2006, the injury rate rose more than 130 percent. During this period, nearly 150,000 golf cart-related injuries were recorded in people as young as 2 months and as old as 96 years.

Golf carts have become much faster and more powerful, some can reach 25 mph and travel over 40 miles on a single battery charge, golf carts are now routinely used for transportation purposes at sporting events, hospitals, airports, national parks, college campuses, businesses and military bases. In many gated and retirement communities, golf carts have become the primary means of transportation. Most golf carts are not subject to federal regulation, and state and local regulations for golf carts vary widely by region, Science Daily states.

According to Science Daily, the number of golf cart related injuries increased steadily and significantly over the study period, from an estimated 5772 cases in 1990 to an estimated 13,411 cases in 2006, an increase of 132%. For cases in which the location of the injury was documented, the majority occurred at a sports or recreational facility. Injuries that occurred on the street, however, more often resulted in concussions and were more likely to require hospitalization than injuries that occurred in other locations.

According to investigator Lara B. McKenzie, Nationwide Children's Hospital, Center for Injury Research and Policy, Columbus, OH, "Because golf carts are not designed for the safe transportation of children, their use for transporting children should be strongly discouraged....In addition, private and public facilities that allow golf cart use can help prevent cart--related injuries by requiring driver's licenses and safety/operations training, establishing safety policies and considering golf cart safety in the design of pathways and landscapes. Given the large increase in golf cart--related injuries over the study period, greater efforts are needed to prevent these injuries, especially among children."

From a legal perspective, it is important to note that depending on the policy, a golf cart may not fall within the definition of an "insured vehicle" within an insurance policy. Golf cart owners should check their insurance policy to make sure they are covered. In addition, a golf cart driven on a roadway is likely to be excluded from an insurance policy because the vehicle is not driven in its "ordinary use." Exclusion from coverage means that the insurance carrier will not extend ANY benefits to an otherwise insured individual. In my practice as a personal injury attorney, practicing in Polk County, FL, I have represented injured victims whose injuries arise while riding on a recreational vehicle. Many times, these clients are shocked to learn that their insurance will not cover them. If you own a recreational vehicle, I urge you to check your coverage today. Better to be safe than sorry.

A 39-year-old Davenport woman was sentenced Friday to 12 years in prison for running down a pregnant woman and driving away.

According to the Lakeland Ledger, Lisa Reilly was sentenced also to serve 10 years of probation by Circuit Judge James A. Yancey.

The accident took place about 7:45 p.m. July 2, 2008, along U.S. 27 near Polo Park Boulevard East. in Lakeland, FL.

Jennifer Prokop, 34, of Davenport, FL was walking on the side of the road when Reilly's red 2003 Ford Explorer swerved onto the grass shoulder to pass a tractor trailer, an arrest report states.

Prokop suffered fatal injuries when the impact threw her body about 70 feet.
Reilly stopped at a nearby Kangaroo gas station moments after the accident, the report states.

A witness confronted her about what she had done, but she denied it and drove away.
Autopsy results showed Prokop was about 10 weeks pregnant with a boy, according to a Polk County Sheriff's Office crash report.

Assistant State Attorney Nicole Orr told the judge detectives had to hunt down Reilly, who was arrested on July 7, 2008.

An eyewitness was able to report enough of Reilly's license plate number for deputies to find her, she said.

Reilly plead no contest Oct. 9, 2009, to vehicular homicide and failure to remain at a crash involving death.

During Friday's sentencing hearing, Prokop's mother, Alana Prokop of Wisconsin, spoke about the pain of losing her daughter so suddenly.

Jennifer Prokop's family is raising the three children she left behind, Alana Prokop stated.

"Shame on you, Lisa," Prokop stated. "You took my daughter's life. Now you must pay."
Lisa Reilly apologized, saying she feels sorrow for the grief that she has caused by her actions.

"Jennifer will always be in my heart and in my mind," she stated.

The defense argued for a shorter sentence, saying Reilly was substantially impaired at the time of the crash.

Defense witnesses testified Reilly had abused drugs and alcohol in her past.
They said she had been sober for about five years, but the death of her grandmother had spun her into a depression and back into drinking.

Mental health experts testified a doctor gave Reilly a prescription for a medication called Clonazepam.

Dr. Thomas McClane, a psychiatrist hired by the defense, testified Reilly said she had taken an extra dosage of the anti-anxiety medication.

As a result, she has a spotty memory of the crash and thought she hit a truck, he said.

"She didn't think she had done anything wrong," said McClane.

According to the Florida Times-Union in Jacksonville, State governments track and record all sorts of different statistics for almost as many reasons, and when these statistics are reviewed, some can leave the reader nothing short of shocked. One of those statistics concerns the number of hit-and-run crashes in Florida. When these records are broken down county by county, it should come as no shock that two local counties sit near the top of hit-and-run crashes in Florida for the year of 2008.

The following represents those hit-and-run numbers:

• Miami-Dade County (Population 2,398,245) - 18,797
• Broward County (Population 1,751,234) - 9,666
• Palm Beach County (Population 1,265,293) - 4,575

What a tragedy for all parties involved! As a personal injury attorney, practicing in Polk County, FL, I have represented a number of hit and run victims. In my experience, it the at fault driver is not always located. Other times, the hit and run driver is identified but is uninsured. For this reason, it is important to carry Uninsured Motorist (UM) coverage on one's own insurance policy. UM coverage is a useful benefit that allows the injured victim to file a claim with his/her own policy in the event that the at fault driver is uninsured or underinsured. UM coverage also applies in hit and run incidents.

Florida legislators are considering a bill to regulate "dangerous dogs."

According to Bay News 9, the controversial bill advancing to the Florida Senate could implement stricter laws on pit bull owners and other "dangerous breeds," and the idea has many dog owners protesting the legislation.

The legislation already passed the Community Affairs Committee by a 9-2 vote.

The bill would take the place of the already established 1990 Florida law banning regulations on breed-specific dogs, meaning it would stop short of an outright ban on specific breeds.

Ultimately, however, the proposed law could make it more expensive to own a pit bull.

Cities and counties could require owners to carry extra insurance to pay for attacks, keep certain breeds constrained by a muzzle in public or sign up for ownership training classes.

Warren Cox, who works for the SPCA in Polk County,FL stated that the breed-specific laws don't work.

"If you look at this little dog beside me, a Chihuahua, they do a lot of biting too," Cox stated. "But they're not considered necessarily a dangerous dog."
Cox stated at the SPCA each dog's safety is judged by his or her own demeanor.

"We've got to have responsible pet owners taking care of their pets at all times, so we don't have to come up with this type of legislation," Cox stated.

This bill isn't the first time a ban has been considered. Similar bills were proposed in the past two legislative sessions, but didn't pass.

Nationwide, only Ohio enforces a statewide ban on any pit bull breed. However, several hundred local governments around the country have breed restrictions in place.

The only county in Florida, who has breed restrictions, is Miami-Dade County.

People all over the State of Florida have made, signed, and submitted petitions to Florida legislators for them to not pass the new bill. Citizens right here in the Tampa Bay area participating in various awareness walks such as the Pit Bulls Pounding the Pavement awareness walk to get the word out about this potential bill. Local residents are concerned about Florida legislators lifting the ban on local breed laws, while other residents are protesting that the current Florida law should remain.

Attorney Tania L. Rivas is a personal injury attorney whose office is located in Winter Haven, FL. Attorney Rivas handles dog bite incidents for residents in Polk County, FL. If you or a loved one has been attacked by a dog, please contact Attorney Rivas immediately at (877)299-5539 to schedule your free consultation.

A 47-year-old Winter Haven, FL woman was arrested this morning after she drove her vehicle into Lake Stella, according to the Auburndale, FL Police Department.

According to the Lakeland Ledger, Patricia Joan Dapson of 805 28th Street N.W. in Auburndale, FL was headed south on State Road 559 in Auburndale, FL around 2:36 a.m. Auburndale, FL police Lt. Thrasey Tucker stated.

Dapson was driving a 2008 Dodge around a curve near Lake Stella when she veered off the road into the water, Tucker stated. Dapson was uninjured and able to get out of the car and make it to shore.

Her blood-alcohol level was .249 percent, well above the legal limit of .08 percent, says Tucker.

The Polk County Sheriff's Office dive team will assist the police department in getting the vehicle out of the lake around 1 p.m. today.

According to DUI-USA. Drink Driving.org, the 1995 national statistics for drinking under the influence nationwide consists of:

• 1,436,000 people arrested nationally for drunk driving / DUI (Driving under the Influence)
• 11,994 fatal accidents nationally where at least one driver had a BAC of 0.8% or above
• 13,478 people were killed nationally in accidents where at least one driver had a BAC of 0.8% or above
• 2,416 people were killed nationally in accidents where at least one driver had a BAC between 0.01% and 0.07%
• 15,893 total deaths were caused nationally where at least one driver had a BAC of 0.01% or above

In the State of Florida the reported statistics during 1995 were:

• 51,718 arrested in Florida for drunk driving / DUI (Driving under the Influence)
• 717 fatal accidents in Florida where at least one driver had a BAC of 0.8% or above

• 803 people were killed in Florida in accidents where at least one driver had a BAC of 0.8% or above
• 154 people were killed in Florida in accidents where at least one driver had a BAC between 0.01% and 0.07%
• 956 total deaths caused in Florida where at least one driver had a BAC of 0.01% or above

Drinking and driving is not an image of coolness, in fact drinking pass the state limit in a bar is not cool. Drink responsible and drive respectively so that you will not become one of the reported statistics.

Rivas Law Group, LLC is a personal injury law firm that handles a variety of personal injury cases, including automobile accidents involving drunk drivers. If you or a loved one has been injured in an accident caused by a drunk driver, do not hesitate to seek legal representation. Call Rivas Law Group today at 877-299-5539 to schedule your free consultation.

A motorcyclist died in a crash Tuesday after pulling out of a parking lot into the path of a minivan, the Polk County Sheriff's Office stated.

According to the Lakeland Ledger, David Edward Jones, 40, of Canal Street in Lakeland, FL was killed, Polk County Sheriff's Officials stated.

According to the Polk County Sheriff's Office, the crash occurred around 7 p.m. at Fairway Avenue and U.S. 92 in Lakeland, FL.

Floyd Dairity Jr., 59, of Eloise in Lakeland, FL, was driving west on U.S. 92, in Lakeland, FL in a 2000 Plymouth minivan when Jones pulled his 1995 Yamaha motorcycle out of a parking lot on Fairway Avenue, in Lakeland, FL, into Dairity's path.

Jones' motorcycle collided with the right front side of the van.

Three members of Dairity's family, including two adults and a child, were taken to Lakeland Regional Medical Center, in Lakeland, FL with minor injuries.

Their names were not available late Tuesday night, the Polk County Sheriff's Office stated.

The crash forced temporary lane closures, with the westbound lane of U.S. 92 between Lake Parker and Fairway Avenue, in Lakeland, FL, and remaining closed late Tuesday while Polk County deputies continued to investigate the crash.

In 2008, 532 people were killed and a total of 8,519 drivers and 883 passengers were injured in motorcycle crashes in Florida, according to a summary of statistics compiled by that state's Department of Highway Safety and Motor Vehicles. Of those, 502 were motorcycle drivers, the remaining 30 were passengers. Motorcycle fatalities made up nearly 18 percent of total traffic fatalities during 2008.

Florida Motorcycle Accident Report
2004 2005 2006 2007 2008
Fatalities 388 441 521 517 502
Passengers Fatalities n/a n/a 29 33 30
Injuries 6,558 7,282 7,934 8,186 8,519
Passengers Injuries n/a n/a 835 769 883
Motorcycle Accidents 7,367 8,147 8,990 9,205 9,618

The total number of motorcycle crashes in 2008 was 9,618, up from 9,205 in 2007. This figure has risen at a fairly consistent rate since 1999, the first year used for comparison in the report. Injuries to motorcycle drivers have also risen at a nearly consistent rate. There were 8,186 in 2007. Deaths of motorcycle drivers dipped down from 517 in 2007 and 521 in 2006. Between 1999 and 2005, motorcycle driver deaths rose steadily each year.

Rivas Law Group, LLC is a personal injury law firm located in Winter Haven, FL. Attorney Tania L. Rivas is dedicated to protecting the rights of injured victims throughout Polk County, FL. The firm handles a variety of cases such as automobile accidents, motorcycle accidents, slip and fall accidents, and dog bite injuries. If you or a loved one has been injured, please call us today at (877) 299-5539. The consultation is free and you do not owe any legal fees unless you win your case.

According to Dr. Nancy Silva, who's a board certified pediatrician in Brandon,FL, , the State of Florida is in serious need of motor vehicle laws which enforce the use of booster seats. The following is an excerpt from Dr. Silva's article, posted in the Lakeland Ledger:

"Jane and John Doe had suffered severe injuries in a motor vehicle accident. It was my final year of pediatric residency. Jane was a 7-year-old whose entire right face was permanently severely scarred; her eyebrow was hanging and half missing. Her brother, John, was a toddler who had a huge laceration across his forehead which cut straight through, exposing his scalp. Their lives are forever changed. Why? They were not using a booster seat or a car seat. Their father didn't know any better, but we do" according to Dr. Silva.

According to Dr. Silva,"it should be a no-brainer. that it should be a no-brainer. We should have a Booster Seat Law. Florida is only one of three states without one. There clearly is not a priority on our children's lives. What's worse is that our very own State Representative Dave Murzin in Pensacola is blocking the bill from moving forward, all in the name of personal freedom."

"Our children need our help. They do not have a voice to ask for protection. Many parents follow the current law, thinking it is enough. We need a Booster Seat Law to protect and to educate. Children are at risk if they don't use a booster seat until 8 years old and 4 feet, 9 inches tall. Motor vehicle accidents are the leading cause of death and acquired disabilities in children 4 years old to 8 years old. Children are more likely to have brain, spinal cord and abdominal injuries from a motor vehicle accident. In Florida, 40 percent of children 4 years old to 8 years old do not use a booster seat or car seat." According to Dr. Nancy Silva.

Dr. Silva states that as a result, every year in Florida, more than 4,000 children get injured and more than 20 die. It's staggering!, she states.

According to Dr. Nancy Silva, Floridians loose $1,800 for every child that does not use a booster seat. Florida spends $6.5 million per year in treating injuries because of auto accidents for these children. That's money that we taxpayers cannot afford to lose, especially in this economy.

The Booster Seat Bill has moved quickly in the Florida Senate with much support. However, HB 387 has yet to be heard in the House because of Rep. Murzin's objection to it, according to Dr. Silva.

According to About.com: Baby Products, Florida state law requires children under age 5 to be protected with an approved and properly used child restraint device. For children under 3, Florida law requires that they be in a separate car seat or a car seat that is integrated into the vehicle. For children ages 4 and 5, a separate car seat, integrated car seat or seat belt may be used.