Lakeland Florida Injury Lawyer Blog

A five-vehicle crash on U.S. 98 North in Lakeland, FL on Wednesday left four people hospitalized, including the driver who is thought to have caused it, according to Lakeland, FL police.

According to the Lakeland Ledger, the crash occurred around 1:30 p.m. in the southbound lanes of U.S. 98, in Lakeland, FL just north of Carpenters Way, in Lakeland, FL.

That driver, Matthew Allen Lane, 33, of Lakeland, told witnesses at the scene he had been drinking and was on his way to buy more alcohol, police spokeswoman Sgt. Terri Smith stated.

A black Ford car driven by Lane veered from the far left lane of the road into the right lane where cars were stopped at a red light, police spokeswoman Sgt. Terri Smith stated.

The Ford struck a Chevrolet minivan, causing it to spin. Three female passengers were ejected, police said. The driver, whose name was not released, was not thrown from the minivan.

Police said the Ford then struck a Dodge Charger, causing it to strike a Honda Element, driven by Evelyn Winrow, 68, of Lakeland, FL. Winrow's Honda was forced into the rear of a Buick sports utility vehicle, driven by Donald Stein, 49.

Neither Winrow nor Stein was injured, police stated.

"It was really powerful," Winrow said of the impact. "I really didn't see anything though. I was just paying attention to see when the light changed."

But when Winrow stepped out of her Honda unscathed, she saw the women who had been thrown from the van and a man who had blood all over him, she said.

The identities of the other drivers and passengers involved, along with information on whether they were wearing seat belts, weren't provided by police Wednesday.

Lane was taken to Lakeland Regional Medical Center, in Lakeland, Fl and was listed in serious condition, police said.

The three women ejected from the van were taken to Lakeland Regional Medical Center, in Lakeland, FL with serious but not life-threatening injuries, according to police.

Police shut down southbound traffic on U.S. 98, in Lakeland, FL while officers investigated the crash and debris was cleared from the road.

Smith said officers are investigating whether Lane will face charges of driving under the influence and reckless driving.

"As the investigation proceeds, officers will determine what, if any, charges will be filed," Smith said.

Lane was convicted of driving under the influence last year and sentenced to one year of probation and his license was suspended for six months in April 2009, according to Polk County court records.

According to Florida DUI and Administrative Suspension Laws, a person who is convicted a second time for DUI: receives not less than $1,000, or more than $2,000 fine. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000 fine, and receive not more than 9 months imprisonment. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months of imprisonment. If second conviction is within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.

Generally, passengers who are injured in an accident caused by the driver may pursue a claim against the driver's insurance policy. However, there are certain policy exclusions that may serve as an exception to the rule. For example, if the driver happens to be an excluded driver under the policy, the carrier will not extend bodily injury coverage to the passengers. Furthermore, any passenger who is a "resident relative" of the insured cannot receive bodily injury coverage. Coverage is often a critical issue in an injury claim. A skilled personal injury attorney should be able to quickly identify these issues and advise their client accordingly.

A woman died and her husband was injured in an early morning fire today in Northeast Polk County near Davenport, Fl.

According to the Lakeland Ledger, the woman who died in the fire was Angela Christine Creech, 41, who lived at the home with her husband, James Creech, 44, the Polk County Sheriff's Office stated.

Angela Creech was declared dead at the scene, while her husband escaped from the burning structure, the Polk County Sheriff's Office stated.

He was transported to Orlando Regional Medical Center, in Orlando, FL where he is in stable condition.

An autopsy to determine Angela Creech's cause of death will be conducted later today, the Polk County Sheriff's Office stated.

Her husband suffered burns and smoke inhalation, and was airlifted by helicopter to the hospital, said Heather Smith, spokeswoman for Polk County Fire Rescue.

The Polk County Sheriff's Office is conducting a death investigation while the State Fire Marshal's Office is seeking to determine the cause of the fire.

The fire in the singlewide mobile home at 230 Water Oak Lane was reported about 4:50 this morning, said Heather Smith, spokeswoman for the Polk County Fire Rescue stated.

The home is at the end of a private road in what appears to be a family compound screened by trees.

A neighbor who was contacted by phone said she was a family member and that the family would not be commenting.

Smith stated people should check the smoke detectors in their homes twice a month to ensure they are operating properly.

According to the Florida State Fire Marshal's Office, there are more than 209 fires in Florida homes every day. Forty percent start in the kitchen, over 22 percent are caused by faulty wiring, followed by careless smoking, children playing with matches or lighters, and unattended heating devices.

More than two-thirds of Florida's fire fatalities are age 40 and over, followed by those age 70 and over.

One of the most shocking statistics is that smoke detectors are not present or are inoperative in over 52 percent of these homes.

This is a real tragedy for the Smith family. It is often a tragic accident such as this which gives rise to a personal injury claim. A crucial step in the analysis is to identify the owner of the property and the owner's relationship to the injured. If, for example, the victim is a tenant, then the victim could possibly have a claim for damages as a result of the injuries sustained in the fire. Of course, this is just the first of many steps in the analysis. In my practice as a personal injury lawyer practicing in Winter Haven, FL, I represent the injured. If you have been injured, please call me at (877) 299-5539 to schedule a free case review.

A 25-year-old Lakeland, FL man died Sunday night after he reportedly ran a red light and his car was hit by an SUV on Kathleen Road, according to the Lakeland, FL Police Department.

According to the Lakeland Ledger, David Burney, of 34 Oleander Street, in Lakeland, FL was pronounced dead on the scene by Polk County Emergency Medical Services, Lakeland, FL Police Sgt. Terri Smith stated.

His 1986 Volvo was struck at 10:19 p.m. as he was turning left from 10th Street onto Kathleen Road, heading north, Smith said. His passenger, Elaine M. Young, 23, of Old Dade City Road, was ejected from the car and taken to Lakeland Regional Medical Center, in Lakeland, FL with non-life-threatening injuries.

Burney's left passenger door was hit by a 2006 Dodge Durango SUV driven southbound on Kathleen Road by Sharae Nicole Murphy, 26. Smith stated.
She and her three minor passengers were uninjured.

Witnesses at the scene told police that Burney ran the red light at the intersection.

No citations have been issued, Smith stated in a press release issued around 4:15 a.m. today.

An earlier version of this article made it unclear which driver was observed running a red light.

According to the Insurance Institute for Highway Safety, more than 260,000 vehicle incidents occur each year because of people running red lights. It's a growing problem for some simple reasons:

• People consciously try to beat the light to avoid waiting at the intersection.
• Multitasking behind the wheel takes people's eyes and concentration off the road, leaving them more vulnerable to accidentally running a red light.

It's enough of a problem that as many as 21 states and the District of Columbia allow cameras to be used to monitor intersections for red light violations.

Rivas Law Group is a personal injury law firm located in Winter Haven, FL. Attorney Tania L. Rivas is dedicated to serving injured victims throughout Polk County, FL. If you have been injured in an accident, seek the advice of an attorney immediately. Call us toll free at (877) 299-5539 to schedule your free consultation with Attorney Rivas

An autopsy will be performed Saturday on Amy Kyser, 30, of Lakeland, FL whose obituary said she died of an automobile accident. In earlier accounts of the accident, in which her 10-year-old son, Aaron Orr, also was severely injured, she was listed as Amy Krupp. Ms. Kyser leaves behind a husband, Greg Kyser; two children, Aaron and Destiny; and her mother.

According to the Lakeland Ledger, she and Aaron were traveling south on U.S. 98, in Lakeland, FL in a 2007 Ford Fusion when a northbound truck that had been struck by another truck crossed a portion of the median and flipped into the path of their car.

She initially was declared dead, but firefighters and emergency workers realized she was alive as they were working to remove her son from the wreckage.

She was taken to Lakeland Regional Medical Center, in Lakeland, FL according to the Polk County Sheriff's Office. Aaron was taken to Tampa General Hospital, in Tampa, FL.

With her death, new charges are pending against Richard Waters, 46, of Bartow, FL the driver of the truck implicated in the crash leading to her death.

He is in the Polk County Jail on two charges of leaving the scene of an accident with serious injuries. His bail was set at $50,000.

Joshua Moore, 21, the driver of a 2002 red Dodge Ram truck that law enforcement said was struck by Waters, also was taken to Lakeland Reginal Medical Center, in Lakeland, FL with injuries. He has been released from the hospital.

A witness followed the white GMC to get the license plate numbers.

Law enforcement said Waters was the driver of a 1997 white GMC truck that hit Moore's vehicle.

Witnesses told the Polk County Sheriff's Office that Waters cut Moore off shortly after Moore had turned onto U.S. 98, in Lakeland, FL from Polk County State College, where he is a student.

The drivers exchanged words or gestures. As the two trucks approached Illinois Avenue, in Bartow, FL.

Waters' pickup struck Moore's truck twice, causing Moore to lose control, the Polk County Sheriff's Office stated.

Moore's Dodge flipped into the path of Kyser's southbound vehicle, Waters continued driving and didn't look back, according to police reports.

Detectives went to Waters' Bartow home and arrested him.

According to the Road Injury Prevention & Litigation Journal, most of the National Highway Traffic Safety Administration's (NHTSA's) traffic safety programs are designed for English-speaking motorists and pedestrians.

The United States population, however, has many culturally diverse groups. Hispanic Americans are the third largest racial group in the United States, yet there is little data on their involvement in vehicle crashes or their attitudes toward traffic safety. In an effort to bridge that gap, Sandra Sainz and Mitsuru Saito conducted a study and reported their findings in "Hispanic Involvement in Motor Vehicle Accidents"

My heart goes out to the Kyser family in this most difficult time. Our prayers are with little Aaron for a safe recovery. Based on the facts discussed in the article, it appears that the initial crash which caused this fatal collision was an intentional act. It is important to note that all insurance policies cover accidents and an intentional act is typically policy exclusion. This would be an important first step in analyzing whether the Kyser family can pursue a personal injury claim.

Leon Milton Springs was a happy-go-lucky, religious man who would be familiar to a lot of Lakeland, FL residents who saw him and his friend riding their scooters, said a group of his female neighbors at Lakeland Presbyterian Apartments on South Florida Avenue, in Lakeland, FL.

According to the Lakeland Ledger, the 72-year-old Springs man died Tuesday evening when he was struck by a car while crossing Sikes Boulevard, just blocks from his home, on his three-wheel disability scooter.

The driver who hit him was apparently not at fault. Witnesses have told Lakeland police the car had the green light.

The accident occured about 6:50 p.m. Tuesday at Lime Street.

Springs was headed from east to west across Sikes Boulevard, in Lakeland,, FL when he was struck by the right front bumper of a black 1996 Mitsubishi 3000 GT driven by Kyle Pratt, 21, of Lakeland, FL Polk County Sheriff's stated.

Pratt was heading south on Sikes Boulevard in the inside lane, police Sgt. Terri Smith said.
She said Springs was thrown 50 feet from where he was hit.

Springs was taken to Lakeland Regional Medical Center, in Lakeland, FL where he died of his injuries.

Police investigating the accident blocked southbound traffic on Sikes Boulevard, in Lakeland, FL for more than four hours.

Smith said Pratt has not been charged and several witnesses gave sworn statements that he had the right-of-way.

It was unclear how fast Pratt was driving.

Smith said a report of the accident was unavailable because it is still under investigation.
Smith said Pratt cooperated with investigators and voluntarily submitted to a blood test, the results of which are not yet available.

According to the Department of Highway Safety and Motor Vehicles, under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

In my practice as a personal injury attorney practicing in Winter Haven, FL, I represent injured victims in Polk County, FL. A car accident can be a traumatic and life altering event. In the most severe cases, a car accident can mean the permanent loss of a loved one. If you or a loved one has been injured in a car crash, do not delay in hiring an attorney. In Florida, the law limits the time one has to file a negligence or wrongful death action.

Polk County Sheriff's traffic deputies arrested a Bartow, FL man Wednesday after an investigation revealed he caused a two-car traffic crash Tuesday in which a woman and her son were critically injured, and then fled the scene.

According to the ABC Action News, around 7:45 p.m. on Tuesday, a Dodge Ram and a GMC pickup truck were both going north on US Hwy 98, in Lakeland, FL when the trucks appeared to have cut each other off.

According to witnesses, both drivers exchanged words or gestures, and then both trucks continued going northbound in their respective lanes.

As the two trucks approached Illinois Avenue, in Lakeland, FL the GMC moved to the left, towards the red Dodge, hitting it two times.

As a result of being hit by the GMC, the driver of the Dodge lost control and crossed over into oncoming traffic, into the path of a Ford Fusion being driven by Amy Krupp, of Lakeland, FL.

The two vehicles struck each other nearly head-on, causing the Ford to run off the road and roll into a ditch, landing on its roof.

Krupp and her 10-year-old son were both critically hurt, and have life-threatening injuries.

Krupp was taken to Lakeland Regional Medical Center, in Lakeland, FL where she remains in critical condition. Her son was taken to Tampa General Hospital, in Tampa, FL where he remains in critical condition. Both were wearing seatbelts.

The driver of the Dodge, Joshua Moore, was taken to Lakeland Reginal Medical Center, in Lakeladn, Fl with minor injuries. He is expected to recover. It is not yet known if he was wearing a seatbelt.

The driver of the GMC, after hitting the Dodge, fled the scene, but his tag number was recorded by a witness and that information was given to Polk County Sheriff's Office traffic deputies who investigated the crash.

The tag number was given out to authorities locally and statewide, and deputies found the truck in Bartow, FL Wednesday.

The truck is registered to Richard Waters, who was also found by deputies shortly after they found the truck.

Damage to the truck matches the physical evidence left at the scene of the crash.

Waters admitted to driving the truck, to being at the scene when the crash occurred, and to leaving the scene of the crash. Waters was arrested and will be charged with leaving the Scene of a crash with serious bodily injuries.

He is being held without bond. His first court appearance will be Thursday.

Seat belt laws apply to all cars, pickup trucks, and vans operated on Florida roads. All passengers in the front seat must wear a seat belt. All passengers under 18 must wear a seat belt

In my experience as a personal injury attorney, practicing in Winter Haven, FL, I have represented a number of hit and run victims who never get the justice they deserve because the driver is not identified. From the civil perspective, you can purchase uninsured motorist coverage to protect you from such instances. Be sure to call your insurance representative today to discuss your coverages and make sure you carry the highest uninsured motorist coverage you can afford.

A 63-year-old woman died after her vehicle and a Polk County Sheriff's patrol car collided on U.S. 27, in Lakeland, FL late Saturday.

According to the Lakeland Ledger, Polk County Sheriff's Office identified the woman as Moni Kurian of Huntwicke Boulevard in Davenport, FL.

Polk County Sheriff's officials stated Deputy William Schob, 39, was responding to a call about a hit-and-run vehicle crash at 10:20 p.m. Saturday and had his emergency lights and siren on as he traveled north on U.S. 27 near Haines City, FL.

The Polk County Sheriff's Office identified the woman as Moni Kurian of Huntwicke Boulevard in Davenport

Kurian and her husband, 69-year-old Puleekunnil Joseph Kurian, were traveling south on U.S. 27, in Haines City, FL in a 2004 Jeep Cherokee. The Polk County Sheriff's Office stated the Jeep turned east near Citrus Ridge Drive, in Haines City, FL and into the path of the patrol car. The patrol car struck the Jeep on the passenger side.
Moni Kurian died at the scene.

Puleekunnil Kurian was taken to Heart of Florida Hospital, in Haines City, FL with minor injuries.

Schob was taken to Heart of Florida Hospital, in Haines City, Ll. He later was taken to Lakeland Regional Medical Center, in Polk County, FL for further evaluation and was released.

Schob, who has been with the Polk County Sheriff's Office for 12 years, was traveling with his police dog. The dog received a cut on his head during the crash. The dog was treated at a local veterinary hospital, where he received 10 stitches above his right eye.
Schob was taken to Heart of Florida Hospital, in Haines City, FL. He later was taken to Lakeland Regional Medical Center, in Lakeland, Fl for further evaluation and was released.

All three people involved in the crash were wearing seat belts.

The Lakeland Ledger states that the intersection of U.S. 27 and Citrus Ridge Drive is the site of a crash that killed three people last fall. Crosses placed nearby memorialize the victims.

According to the Florida DMV online guide, in a car crash you are much more likely to be killed if you are not wearing a seat belt. The Florida Seat Belt law states that the front seat passengers must wear seat belts. This law applies to any car manufactured since 1968. In addition, all passengers under 18 years old must wear a seat belt or be otherwise restrained by a child car seat. It is against the law to operate a vehicle if all the passengers do not meet these standards.

Rivas Law Group is a personal injury law firm located in Winter Haven, FL. Attorney Tania Rivas is a civil attorney dedicated to representing injured victims in Polk County, FL. If you or a loved one have been injured in an automobile accident, call us toll free at (877)299-5539 for your free consultation with Attorney Rivas.

A Lake Wales, FL man remained in the Polk County, FL Jail infirmary in Bartow, FL on Saturday following his arrest on charges that he became violent and pointed a loaded handgun at emergency responders.

According to the News Chief, the incident with Bobby Leath, 56, of 604 Booker Ave. in Lake Wales, FL begun around 12:45 p.m. Friday when Polk County, FL Fire Department and Emergency Medical Services personnel responded to what appeared to be a single-vehicle crash alongside an orange grove near 4000 State Road 60 in Lake Wales, FL.
Two emergency medical technicians made contact with a man, later identified as Leath, who was in the driver's seat of a 1989 Cadillac.

With an initial assessment that the man had low blood sugar, the two EMTs notified him that they needed to start an intravenous line, but the man became uncooperative to the point that the EMTs had to stop treatment and await backup, the Polk County Sheriff's Office report stated.

When Polk County Fire Department Lt. Kevin Shireman and engineer Derek Kucera arrived, Kucera used a chain saw to remove a limb that was wedged against the driver's door of the Cadillac and Shireman attempted to speak to Leath. According to the Polk County Sheriff's Office report, Leath slapped Shireman's hand and then punched him in the face twice, prompting everyone to back away from the man and call the Polk County Sheriff's Office.

Polk County Sheriff Deputy Dennis Primeau and Lake Wales, FL police Officer Lynette Townsel arrived next and attempted to make contact with Leath, who reportedly got out of his car and punched Primeau on the chin, knocking him into an orange tree.
When Primeau told Leath he was under arrest and ordered him to turn around and place his hands behind his back, the man refused to comply, according to the Sheriff's Office. First Primeau and then Townsel used their Taser weapons in an attempt to subdue the man, but neither weapon appeared to have an effect.

Leath was arrested and charged by Polk County Sheriff's Office deputies with one count of resisting arrest with violence, two counts of battery on police or fire personnel and six counts of aggravated assault on police or fire personnel.

According to the Department of Justice Federal Bureau of Investigation, for 11 consecutive years, the estimated number of aggravated assaults nationwide has declined. In 2004, occurrences of this offense decreased 0.5 percent compared with the 2003 number, down to 854,911 offenses. Five- and 10-year trend data for aggravated assault showed declines of 6.2 percent and 22.2 percent, respectively.

During 2004, data has shown a decrease in the frequency of aggravated assaults per 100,000 inhabitants. The rate, estimated at 291.1 offenses per 100,000 inhabitants nationwide, decreased 1.5 percent compared with the 2003 rate, 10.1 percent from that in 2000, and 30.4 percent from the 1995 rate.

Among the four types of offenses classified as violent crime, i.e. murder, forcible rape, robbery, and aggravated assault, aggravated assault typically has the highest percentage of occurrences. The trend continued in 2004 with this offense accounting for an estimated 62.5 percent of violent crime.

Rivas Law Group, LLC is a personal injury law firm located in Winter Haven, FL. Attorney Tania L. Rivas handles a variety of personal injury cases, including wrongful death, automobile accidents, motorcycle accidents, slip and fall accidents, and dog bites. Call us toll free today at (877)299-5539 to schedule a free consultation with Attorney Rivas.

A Groveland woman was killed in a vehicle crash involving a church van Saturday in Polk City, FL the Florida Highway Patrol said.

According to the Lakeland Ledger, Rebecca A. Barner, 47, of Polk City, FL died at the scene of the crash that occurred about 4 p.m. on State Road 33 north of Green Pond Road, the FHP said. Her passenger. Her passenger Irmarilis Rosario, 35, of Groveland, was taken to Lakeland Regional Medical Centerr, in Lakeland, FL with serious injuries.

According to an Florida Highway Patrol report, Barner was driving north on S.R. 33, in Polk City, FL when she failed to observe a stopped car. Her 2003 Volkswagen sedan veered onto the grass shoulder and she lost control, spinning counter-clockwise through the northbound lane and into the southbound lane, where it was struck by a 2003 Ford van driven by James M. Adair, 63, of Valrico, FL.

The van struck the Volkswagen's driver's side door. Barner, who was wearing a seat belt at the time of the crash, was declared dead at the scene. Rosario, who also was wearing a seat belt, was taken to Lakeland Regional Medical Center, in Lakeland, FL. Adair was not injured in the crash but four passengers in the van were taken to Lakeland Regional Medical Center, in Lakeland, FL with minor injuries, the FHP said.

The crash remains under investigation.

Seat belts are designed to do only one thing in a crash - keep you in place. If you're wearing a seat belt during a crash, you don't bounce around inside the car as much or get thrown from the vehicle. The physics are simple. When you're in a car, you are moving at the speed of the car. When the car suddenly stops, you don't. Without a seat belt to hold you in place, your body continues moving until it hits something to stop it, such as a windshield, according to the National Highway Transportation Safety Administration.

For those between the ages of 8 to 15, seat belt use rose 1 percent to 83 percent and for those ages 16 to 24, use rose 3 percent to 80 percent.

For those between the ages of 25 to 69, seat belt use rose 1 percent to 84 percent.

The percentage rate dropped 4 percent to 80 percent for those older than 70.

That information from the National Highway Transportation Safety Administration may be why the rate of seat belt violations dropped in Florida and the Tampa Bay area from 2007 to 2008.

Statewide, the number fell from 17 per 100,000 people to 16 per 100,000 people who use their seat belts accordingly.

Rivas Law Group is a personal injury law firm located in Winter Haven, FL. If you or a loved one has been injured in an automobile accident, please call us at (877) 299-5539 to schedule your free consultation with Attorney Tania Rivas. There is no fee or cost owed unless you win.