Lakeland Florida Injury Lawyer Blog

Two people were killed after being ejected from their car during a crash on State Road 471 on Sunday Evening.

According to the ABC Action News, 23-year-old Kodi Chamberlain was behind the wheel of a 2000 Jeep SUV around 5 p.m. when the car unexpectedly left the road.

The driver veered into the shoulder before overcorrection and driving into the path of of a 2007 GMC.

Both Chamberlain and her passsenger, 45-year-old Roger Higby, were thrown from the car and died at the scene.

Neither passengers were wearing seatbelts, according to the Florida Highway Patrol accident report.

Chamberlain was from Lakeland, FL and Higby was from Bartow, FL.

The two people in the GMC, 73-year-old Floyd Sloan and 70-year-old Caren Sloan of Bartow, FL were taken to Lakeland Regional Medical Center, in Lakeland, FL with serious injuries.

According to the Florida Department of Motor Vehicles, In a car crash you are much more likely to be killed if you are not wearing a seat belt.

That is why Florida has seat belt laws. The 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.
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.

The cost for a seatbelt violation is $30.

It is important to wear seat belts because they protect you from being thrown from a vehicle. If you are thrown from a vehicle your risk of death is five times greater.

By securing you self in your seat, a seat belt protects you from being thrown into other people in the car and parts of your car.

In addition, seat belts keep the driver in their seat so they can control the car.

Finally, from a legal perspective, the use of a seatbelt reduces the risk of liability upon injured victims. Florida allows a defendant to raise a "seatbelt defense" in automobile accident cases, which basically alleges that the plaintiff's injuries are partly or even wholly related to his/her failure to wear a seatbelt. If a jury agrees, the plaintiff's recovery is reduced by his/her percentage of fault. In my experience as a

Posted by Tania Rivas | Permalink | Email This Post

Posted In: Auto Accidents

Officials have decided that beginning July 1st, Lakeland, FL Police, will decide on camera captured illegal right turns without direction from Polk County Commissioners.

According to the Lakeland Ledger, the new state law will also bring a drop in camera revenue for the city.

City Manager Doug Thomas also has asked Lakeland, FL police Chief Roger Boatner to determine where "the next 10" cameras might be installed, if commissioners decide to expand the program.

Some of the city's most dangerous intersections , such as the Polk Parkway, in Lakeland, FL,and the intersection of Frontage Road and South Florida Avenue, in Lakeland, FL are now eligible for installation of cameras because of the new law.

The city soon may advertise for a new camera company partner, although American Traffic Solutions, which has the contract, won't be ousted anytime soon, or maybe not at all.

One of the biggest changes could involve drivers who are now filmed at five intersections while turning right on red. They can be given violations if they don't stop at the white "stop bar" before the crosswal.

Polk County Police officers who review the videos are allowed some discretion.

But beginning July 1, the new state law will require drivers at intersections with red light cameras to stop in a "careful and prudent" manner. The law makes no mention of stop bars.

City Attorney Tim McCausland told commissioners Wednesday at a workshop that it wasn't their job to determine what the state standard of "careful and prudent" means.

Mccausland stated that Polk County police officers will continue to review videos and to approve tickets.

The tickets will no longer be code violations, but will be heard in traffic court.

Deputy Chief Bill LePere stated an examination of crash statistics for the intersections with cameras showed "a mixed bag" and did not reflect whether the cameras were a success or failure.

Rivas Law Group is a personal injury law firm located in Winter Haven, FL and is dedicated to serving injured victims throughout Polk Count, FL. If you or a loved one has been injured in an accident, call us immediately at (877)299-5539 for your free legal consultation.

One curious resident led to a massive discovery of tainted drywall at the Carlton Arms apartment complex in Winter Haven, Florida.

According to ABC Action News, a resident smelled a sulfur like odor and informed the owners of the property.

After investigating the odor, workers spotted signs of tainted drywall.

The majority owner of the property, Mark Mahaffey said, "We deeply regret any inconvenience this may cause our residents, but we have been advised the drywall needs to be replaced."
Mahaffey does not know when people will be moved out or when removing the drywall will start.
But residents like John Hartlieb are angry.

"That will be a big inconvenience to have to pick up and move i do not know how long we will be gone, or come back to our apartments or how long it will take," he said.
He also has health concerns.

"I am not sure what kind of effect living in an apartment of drywall will have on my girlfriend or my son is a concern."

Premises liability is a somewhat fuzzy term which serves as an umbrella for many kinds of proceedings counting those relating to structural design flaws, unsafe conditions, environmental hazards, improper traffic patterns and a wide variety of other issues.

According to the Herald Tribune, The issue of Chinese drywall began surfacing publicly late in 2008, when homeowners around Florida, particularly those in Southwest Florida, began to suspect that a strange corrosion and odor in their homes was tied to the drywall, also known as wallboard or gypsum board , used to construct interior walls.

The Florida Department of Health has a self-assessment guide for signs of an affected home.

Furthermore, if you have any health concerns related to Chinese Drywall, talk to your doctor immediately. If, in fact, you do have health issues caused by Chinese Drywall, you will need to consult with a specialist. If you pursue a legal claim for premises liability, medical evidence linking the drywall to your condition will be extremely useful.

Rivas Law Group, LLC is a personal injury law firm in Winter Haven, FL that is dedicated to meeting the needs of injured victims in Polk County, FL. If you or a loved one has a severe health condition that was caused by Chinese Drywall, call us today at (877) 299-5539 for a free legal consultation.

Two automobile collisions, occurring just minutes apart on May 28, 2010, resulted in three individuals being transported to Winter Haven Hospital, in Winter Haven, FL and another individual to Bartow Regional Medical Center, in Bartow, FL.

According to Polk County Democrat, The first collision, according to the Polk County police report, occurred around 4:03 p.m.

Thomas Pulivel, 39, of Bartow, FL was traveling southbound on U.S. 17/98 when he came to stop at the intersection with East Main Street, in Bartow, FL.

His 2000 Honda was then struck in the rear by a 1998 Mazda driven by LaJerrika A. Twillie, 20, of Dundee, FL. Twillie, also traveling southbound, failed to slow her vehicle, Polk County police stated.

According to Polk County investigating Officer M. Lewis's report, the severity of the accident tore off the front bumper of Twillie's Mazda and caused an estimated $5,000 in damage; damage to the rear of Pulivelil's Honda was estimated at approximately $1,000.

Two passengers riding with Twillie, one a 17-year-old female, the other a child whose age is unknown, both of Dundee, FL also suffered injuries. The older passenger complained of a left injury and was seen hobbling after she emerged from the vehicle; it was not known what, if any injuries were sustained by the younger passenger.

Twillie complained of neck and back pain, and was transported to Winter Haven Hospital, in Winter Haven, FL.

Neither Pulivelil nor his two passengers, also from Bartow, FL reported injuries.
According to the Polk County police report, due to Twillie's incapacitation, no citation has been issued.

On the other side of downtown Bartow, at U.S. 98 and Broadway Avenue, in Polk County, FL at the entrance of Community National Bank, Jose S. Nunez, 34, of Winter Haven, FL was traveling northbound on U.S. 98, in Polk County, FL near the left turn lane of the 1300 block, Polk County police stated. He was driving a 1992 Chevrolet.

He was attempting to cross west across US 98, in Polk County, FL. Rodney W. Eron, of Avon Park, FL was on the southbound inside lane of US 98, in Polk County, FL stopped for a red light, according to the Polk County Police report.

According to the Polk County Police report filed by Officer J. Pagan, Eron did not know that Nunez would cross into the outside lane without first checking.

As Nunez turned, he was sideswiped by Robert Chunn, age unknown, of Bartow, FL.

Chunn, driving a 2010 Dodge, told police that as he was passing the 1300 block, Nunez's vehicle suddenly appeared and he could not stop in time to avoid a collision.

As a result, Chunn sideswiped Nunez's car.

The collision injured Candido Vazquez, 23, of Wahneta, FL a passenger in Nunez's car, who sustained lacerations to the head and left elbow, the report said. He was transported to Bartow Regional Medical Center, in Bartow, FL by Polk County EMS.

No other injuries were reported.

Damage to each vehicle was estimated at $10,000, according to the police report.

Nunez was cited for violation of the right of way.

Every time you get behind the wheel, you are at risk of being involved in a Florida car accident. According to the latest statistics in Florida, there were 256,206 traffic crashes in 2007 alone. That means that on average, there were 702 crashes each day, according to the FFlorida Department of Highway Safety and Motor Vehicles crash statistics reports.

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 or a loved one has been injured in an accident, please call us immediately for a free legal consultation at (877)299-5539.