Lakeland Florida Injury Lawyer Blog

According to the Lakeland Ledger, a 51 year old Babson Park man was killed Monday evening, around 5pm. Apparently, lost control while approaching the Rifle Range Road intersection, according to the Polk County, FL Sheriff's Office.

David Letourneau was headed east on the highway when he lost control of his ruck.

Letourneau's 1994 Mazda pickup truck travelled through a drainage ditch then struck a tree and fence, causing it to go airborne.

The truck hit the ground and rolled twice, deputies said. Its roof collapsed, pinning Letourneau inside.

Officials said they are unsure whether Letourneau was wearing a seat belt.

According to a 1990 Observational Survey of Seat Belt Usage in Florida, provided by the Bureau of Public Safety Management, the highest seat belt usage was observed on rural and urban interstates and urban expressways, with 53.5, 47.4 and 46.3 percent using seat belts, respectively.

The margin of error on these estimates is approximately 2 percent.

The lowest observed usage was on rural minor arterials, where approximately 25 percent were wearing seat belts.

The report also stated that over 46 percent of all females were using seat belts, compared to 35.6 percent of all males.

Statewide, 42.8 percent of all whites were restrained by seat belts, compared with 25.3 and 24.8 percent of all blacks and Hispanics.

The report also states that over 47 percent of the occupants in vehicles registered out-of-state used seat belts, compared with 40 percent of Florida-registered vehicles.

Weekday usage was 41.3 percent, compared to 38.3 percent during weekends, the study reflects.

Rivas Law Group is a personal injury law firm located in Winter Haven, FL. Attorney Tania L. Rivas is dedicated to serving injured victims in Polk County, FL. If you or a loved one has been injured in an accident, please call us toll free at (877) 299-5539 to further discuss your case. Your consultation is free and there are no fees or costs owed unless you win.

More and more motorists are turning to motorcycles and buses as a means of transportation due to the hike in gas prices in recent years. In spite of this, some motorists take the ease of higher gas millage or not paying gas prices at all to a significant advantage.

In this case, a Polk County Police official responded to calls placed by witnesses who where reporting an automotive accident on Griffin Road that occurred around 2am, July 24. When Polk County police officials arrived on the scene Kenneth Spooner, 67, of Lakeland, FL, was lying flat on the pavement. The other driver, Damian Hernandez, of Lakeland, FL fled on foot, according to the ABC Action News report.

Polk County Investigators believe that both drivers, Spooner and Hernandez, were traveling eastbound on Griffin Road, in Lakeland, FL. Hernandez was driving a 2004 Nissan when Polk County police say he struck the Motorcycle Spooner was driving from behind. Spooner was thrown from his motorcycle and Hernandez lost control of his car.

Kenneth Spooner's passenger, Jeremy Edinger, also of Lakeland, FL, suffered minor injuries. Edinger was later treated and released. Hernandez was arrested and charged with leaving the scene of a fatality without rendering aid, battery on a Police Dog, and resisting arrest without violence. Spooner was pronounced dead at the scene.
Polk County investigators continue to investigate the accident and additional charges against Hernandez may be filed.

In Florida, the wrongful death statute governs wrongful death actions brought against the responsible party. The statute identifies the decedent's survivors which include the decedent's surviving spouse, children, parents and other blood relatives. A wrongful death action can only be brought by the appropriate survivors, per Florida statue 768.19. The statute further outlines the different types of damages the survivors can recover. Because the statute of limitations for a wrongful death action in Florida is only two years, it is important to seek legal counsel immediately.

Rivas Law Group is a personal injury law firm, located in Winter Haven, FL. Attorney Tania L. Rivas is dedicated to representing injured victims, including wrongful death victims, in Polk County, Florida. If you or a loved one has been injured, please contact us immediately at (877) 299-5539 to further discuss your case. Your consultation is free and there are no fees or costs owed unless you win.

We all, at one point in our lives, have forgotten to turn off the coffee pot, the iron, or even the stove before leaving for work, school or social outing. A local resident of Winter Haven, FL, recently did just that only to find his home burst into flames. Luckily, he sustained no injuries.

Federino Cruz Ferderino Cruz resided in a mobile home located at 614 Jenny Wren Road off of 34th Street Northwest, in Winter Haven, FL. His mobile home was destroyed by a fire due to an electrical malfunction around 4:46 am on Friday July, 16, the Florida State Fire Marshall's office stated.

Sam Venzeio, a Florida State Fire Marshall Spokesperson, stated that the estimated damage totals almost $22,000, according to the Lakeland Ledger. Cruz was home at the time the fire aroused, and sustained no reported injuries, according to Venezio's statement.

It is not reported how the mobile home caught fire, it presumed that a investigation remains.

The Bureau of Fire Prevention, a subsection of the State Fire Marshal, adopted a state prevention code, which was adopted by the State Fire Marshal at three year intervals, as required by Chapter 633.0215, Florida Statutes.

According to Florida Statue 633.0215, it states that the State Fire Marshal shall adopt, by rule pursuant to ss. 120.536 and 120.54, the Florida Fire Prevention Code which shall contain or incorporate by reference all fire safety laws and rules that pertain to and govern the design, construction, erection, alteration, modification, repair, and demolition of public and private buildings, structures, and facilities and the enforcement of such fire safety laws and rules. The State Fire Marshal shall adopt a new edition of the Florida Fire Prevention Code every third year.

The Ordinance code specifically for Polk County, FL can be found on the State of Florida Fire Marshall's local amendments section.

Attorney Tania L. Rivas, who founded Rivas Law Group located in Winter Haven, FL, is dedicated to meeting the legal needs of injured victims in Polk County, FL. At Rivas Law Group, we represent victims, never insurance companies. If you or a loved one has been injured in an accident, please call us immediately at (877) 299-5539 for a free legal consultation. You owe no legal fees or costs unless you receive a recovery.

According to the News Chief, around 8:13 a.m. on Tuesday, July 14. Winter Haven, FL police received a call about the accident at 8:19 a.m., Sgt. Brad Coleman stated Wednesday.

Winter Haven Police Sgt. Coleman identified the driver as Douglas Phares, 27, of 144 Hawthorne Road, in Winter Haven, FL.

He was driving a 2008 Ford F150 truck used by a lawn-service company.

Phares, the only person in the truck at the time of the accident, was charged by police with failure to use due care, Sgt. Coleman stated.

The pickup hit the power pole head on, severing the pole at the base and at the top.
Winter Haven, FL city spokeswoman Joy Townsend reported that a vehicle struck a power pole in an accident at Third Street and Avenue C, S.W., knocking out power there.

Townsend also stated that as a result of the vehicle accident, the intersection of Third Street and Avenue C, S.W., in Winter Haven, FL would be closed and traffic would be detoured for most of the day Tuesday.

TECO confirmed that the accident and wider power outage were related.

However, power was back on for at least some residents and businesses at approximately 9:04 a.m.

Power was restored to all customers by approximately 2:15 p.m., another TECO representative stated.

The concrete power pole that was struck by the vehicle had to be replaced, Townsend stated.

No one was injured in the accident, Coleman reported.

According to the Florida Public Service Commission general safety tips:

• Contact your utility company if tree limbs are in contact with power lines.
• Stay away from downed power lines.Watch for overhead power lines at boat ramps and while on the water.
• Call your utility company before digging so that underground lines can be located.
• Never try to remove anything hanging from or tangled in a power line.
• Always make sure appliances are properly grounded before use.
• Carefully read the instructions on electrical appliances before using.

Rivas Law Group, LLC is a personal injury law firm located in Winter Haven, FL. Attorney Tania L. Rivas is dedicated to meeting the legal needs of injured victims in Polk County, FL. At Rivas Law Group, we represent victims, never insurance companies. If you or a loved one has been injured in an accident, please call us immediately at (877) 299-5539 for a free legal consultation. You owe no legal fees or costs unless you receive a recovery.

According to News Chief, around 10:25 a.m. on Wednesday, June 14 Haines City, FL Police Officers responded to a house that was set ablaze at 400 S. 14th Street, in Haines City, FL during a man's apparent attempt to kill himself, Haines City, FL police reported.

Stephen Kenneth Benson, 62, of Haines City, FL, the owner of the home, told Haines City, FL Police officers just prior to being airlifted to Orlando Regional Medical Center , in Orlando, FL that he intentionally set the fire in an attempt to commit suicide.

Benson was admitted to the Orlando Regional Medical Center, in Orlando, FL in critical condition, according to the Haines City, FL Police report.

Haines City, FL Police reported that Benson's roommate, 63-year-old Vercil F. Snyder, of Haines City, FL was taken to Heart of Florida Regional Medical Center in Haines City, FL.

He was treated for smoke inhalation and released.

Damage to the house exceeded $50,000, according to the Haines City, Fl police report.

Haines City, Fl Investigators with the state Fire Marshal's Office responded to the burned house and classified the fire as Arson; Haines City, FL police report states.

According to the U.S. Department of Justice, Arson is defined as any willful or malicious burning or attempting to burn, with or without the intent to defraud, a dwelling house, public building, personal property, motor vehicle or aircraft etc.

Nationally, 62,807 arson offenses were reported by 14,011 law enforcement agencies that provided up to 12 months of arson data in 2008.

Of those agencies, 13,980 provided expanded offense data concerning 56,972 arsons.

The average dollar loss per arson offense is $16,015.

In 2008, arson offenses decreased by 3.6 percent when compared to with the 2007 reported numbers, U.S. Department of Justice reports.

Rivas Law Group, LLC is a personal injury law firm located in Winter Haven, FL. If you or a loved one has been injured in an accident, please call us toll free at (877) 299-5539. Your consultation is free and you are not responsible for any legal fees or costs unless you receive a recovery.

A Polk City, FL motorcyclist died Monday, July 12, in a collision with a car at the intersection of U.S. 98 North and Little Cypress Drive, in Polk City, FL, the Polk County Sheriff's Office stated.

According the Lakeland Ledger, John Osie Thompson, 38, of Polk City, Fl died at the scene of the accident.

Around 3:35 p.m., Julia M. White, 62, of Lakeland, FL was traveling north on U.S. 98, in Polk City, FL in a 2010 GM sport utility vehicle.

While making a left turn onto Little Cypress Drive, in Polk City, FL, White's SUV collided with Thompson's 1999 blue Suzuki that was traveling south on U.S. 98, in Polk City, FL, according to the Polk County Sheriff's Office report.

The impact ejected Thompson nearly 100 feet from the crash site, Polk County investigators stated.

White, who was wearing a seat belt, was taken to Lakeland Regional Medical Center, in Lakeland, FL for minor injuries, Polk County, Fl Police reports states.
Thompson was wearing a helmet.

Initial information gathered at the scene by deputies indicated Thompson was traveling at excessive speeds, Polk County, FL Sheriff's spokeswoman Donna Wood, stated.

According to Florida Statue 316.614, each passenger and the operator of the vehicle under the age of 18 years are restrained by a safety belt or by a child restraint device pursuant to 316.613.

Because of the nature of the crash, automobile collisions involving motorcycles are often deadly. It is critical to seek immediate legal representation to preserve your legal rights. Rivas Law Group, LLC is a personal injury law firm dedicated to representing injured victims, including victims of motorcycle crashes. Please call us today toll free at (877) 299-5539 for your free legal consultation.

According to the Lakeland Ledger, an 18 year old Lake Wales, FL man was ejected from a truck and died Wednesday night around 11:15pm, in a single-vehicle accident on Scenic Highway in Babson Park, just north of Lake Moody Road, in Lake Wales, FL.

Daniel A. Hull, who was a passenger in the 2002 Ford Ranger, according to the Polk County, FL Sheriff's Office.

Augustus C. Dawes, 18, of Babson Park, was driving the truck around the northbound curve of Scenic Highway at Lake Moody Road, in Lake Wales, FL when he lost control, according to reports.

The truck rolled at least two times, ejecting Hull, who was not wearing a seat belt, reports stated.

Hull was found pinned under the truck and declared dead at the scene.

Hull's 17-year-old brother, James A. Hull, was wearing a seat belt and sat in the back seat of the truck. He received minor injuries and was treated at the scene.

It was not immediately clear if Dawes was wearing a seat belt.

He was taken to Lake Wales Medical Center, in Lake Wales, FL where he was treated and released.

No charges have been filed and the investigation is ongoing, the Polk County Sheriff's Office stated.

Fatal car crash and road traffic accident statistics in Lake Wales, FL were low in 2008. According to city-data.com, there were only a reported number of 3 accidents, 7 cars were involved in the accidents, there were only fatalities reported, however a total of 9 people were involved in the fatalities.

There were no reported pedestrians involved in an fatal accident or drunken driver fatal accidents involved.

Attorney Tania L. Rivas is a civil attorney who represents injured victims in Polk County, FL. We handle automobile accident, motorcycle accident, trucking accident, slip and fall, dog bite, and premises liability cases. If you or a loved one has been injured, please call us toll free at (877) 299-5539 to further discuss your case. Your consultation with Attorney Rivas is free and you do not owe any fees or costs unless you win.

On Feb. 23, Avon Park Police Sgt. Jake Bratten had a life-altering car accident. He lost his leg, underwent several surgeries and is currently in extensive and painful physical therapy.

According to Tampa Bay Online, when word got out that Bratten was running out of paid sick time, the Polk County, FL police department and Polk County city employees came together to help.

Together they donated 1,437 hours of sick time to Bratten.

"I'm extremely touched. It restores my faith in humanity," Bratten stated.

On the day of the accident, Bratten was on his way to work when his Jeep Wrangler collided with another car.

He was ejected from the car and airlifted to Lakeland Regional Medical Center, in Lakeland, FL listed in critical condition.

Daniel Schneider, the other officer who was with him, has since recovered from his injuries and is back at work.

Hezikiah Fogle, a public works senior sanitation operator, heard Bratten's story and wanted to do all he could to help.

With his retirement less than a year away and with an accumulated 1,920 hours of sick time, the maximum allowed, Fogle donated 600 hours

"God is with me. I hardly ever get sick," Fogle, stated who has never met Bratten. "I wanted to bless someone else.

Former Avon Park police officer Allison Smith, donated all her 160 hours of her sick time before her move to the Highlands County Sheriff's Office, in Sebring, FL.

Interim Police Chief Michael Rowan stated his officers' actions are nothing out of the norm.

"This is what we do," Rowan stated.

"Even though we're two different departments, we're one city," Rowan added.

All the efforts from the city and employees touched Bratten who says his recovery has been slow.

Because he is currently at Florida Hospital in Orlando, FL he gets to see his children once every two weeks.

He says the local support keeps his spirits up.

"There are some great people who work for the city of Avon Park," he said.

It is touching to hear about police officer's and city officials helping fallen government workers. This is a prime example of how strong our government employees are and how they help one another.

Rivas Law Group is a personal injury law firm located in Winter Haven, FL and is dedicated to serving injured victims throughout Polk County, FL. If you or a loved one have been injured or killed in an automobile accident, it is critical that you seek legal advice immediately. At Rivas Law Group, the initial consultation is free and there is no fee or cost owed unless there is a recovery.

A 29-year-old woman has been charged with vehicular homicide after an investigation of a December single vehicle crash that left a passenger dead, the Lakeland, FL Police Department stated Wednesday, June 30.

According to Tampa Bay Online, Tabaitha Marie Cain, of Lakeland, FL was arrested Tuesday, June 29 and charged with vehicular homicide and driving under the influence manslaughter, police stated.

Passenger Debra Anne Bayer, 25, died from injuries she sustained in the accident.

Around 2:19 a.m. Dec. 13th, 2009, Cain was driving a 2005 Hyundai Sonata on Lake

Hollingsworth Drive near Fairhaven Drive, in Lakeland, FL at a high rate of speed.

Investigators have determined Cain was driving 70 mph in a 30 mph zone.

Cain crossed a double yellow line to pass a car and lost control of her vehicle, Polk County police stated.

She then overcorrected and crashed into a tree, Polk County police stated..

Bayer was trapped in the car.

She was taken to Lakeland Regional Medical Center, in Lakeland, FL where she was pronounced dead.

Cain had a blood-alcohol level of 0.142, Polk County police stated.

A person is presumed to be driving under the influence in Florida with a blood-alcohol level 0.08

Cain is being held at the Polk County, FL Jail without bail, according to Polk County jail records.

According to crime statistics reported on cityrating.com, with a total population of 87, 752, in Lakeland, FL, the reported violent crimes is 0.98 times the national average.

According to the report, there are more property crimes versus violent crimes in Lakeland, FL.

Rivas Law Group is a personal injury law firm located in Winter Haven, FL and is dedicated to serving injured victims throughout Polk County, FL. If you or a loved one have been injured or killed in an automobile accident, it is critical that you seek legal advice immediately. At Rivas Law Group, the initial consultation is free and there is no fee or cost owed unless there is a recovery.