Lakeland Florida Injury Lawyer Blog

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.

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 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.

Around 1:20 a.m. Sunday November 1, 2009, at County Road 540A near Scott Lake Elementary, Lakeland, FL, a Mulberry driver whose vehicle struck a Verizon communications box, left 500 South Lakeland, FL, homes without telephone and Internet service, Verizon officials said.

According to the Lakeland Ledger, Christina Leclair, 24, was driving west on C.R. 540A, Lakeland, FL, when her 1999 Dodge Durango sports utility truck drifted off the road and struck the box and then a wooden residential fence, Polk County Sheriff's officials said.

It is not known if Leclair was under the influence of alcohol, which could have contributed to the car crash, or if she was wearing seat belt. Blood samples have been submitted for testing, according to the Polk County Sheriff's Office spokesman Scott Wilder.

Full service isn't expected to be restored until sometime Tuesday, said Verizon spokesman Bob Elek. "We've been working around the clock to get that restored," he said.

The replacement box has been received by Verizon crews, but the process of repairing the communications conduit is a "painstaking" process, he said.

Verizon technicians, surrounded by flood lights, worked throughout the night Monday.

No charges have been filed in the case, which remains under investigation.

According to the Florida Drunk Driving Statistics, In Florida, the percentage of alcohol related fatalities peaked in 1983, while the actual number of alcohol related deaths peaked in 1986. In 2008, out of all traffic fatalities, 29% involved a blood alcohol concentration (BAC) of 0.08 or higher, with 875 fatalities.

All 50 states in the US now apply two statutory offenses to operating a motor vehicle while under the influence of alcohol. The first offense is known either as driving under the influence (DUI), driving while intoxicated/impaired (DWI), or operating while intoxicated/impaired (OWI). The second offense is called "illegal per se", which is driving with a BAC of 0.08% or higher. Since 2002 it has been illegal in all 50 states to drive with a BAC that is 0.08% or higher.

Florida codifies its laws against drunk driving in Fla. 316.193 & 775.082 which classifies 1st and 2nd offenses as a misdemeanor while 3rd or subsequent offenses are considered a 3rd degree felony.

In the State of Florida, car crash fatalities caused by DUI/DWI or OWI, have increased since 1982. There were only 2,653 car fatalities up until 2007 when car crash fatalities rose up to 34%. In 2008, the percentage of car crash related fatalities decreased to 29%, which leaves a total of 2,978 car crash fatalities while driving under the influence/intoxicated or operating a vehicle while intoxicated/impaired.

If you or a loved one is the victim of a drunk driving accident, do not hesitate to hire a lawyer.

On the night of Sunday, October 25, 2009, according to a recent News Chief article, a 2005 four-door Honda crashed into a mainline power pole on Old Polk City Road near State Road 33 in Lakeland, FL. The Honda, driven by Luke J. Huber, 28, of 125 Hamolia Ave., in Polk City, FL, crashed around 4:15 a.m. into a mainline power pole on Old Polk City Road near State Road 33, in Lakeland, FL.

According to the Polk County Sheriff's Office, Huber suffered minor injuries in the crash. He was later arrested by deputies on one count of driving under the influence and booked into the Polk County Jail.

The crash caused a major power outage around Polk City, FL, north of the Polk County-Lake County line.

Lakeland, FL, electric were still working to restore the power, and Lakeland, FL, utility officials estimated that power could remain out as late as 9 p.m., according to the Polk County Sheriff's Office.

According to a report released by Mothers Against Drunk Driving( MADD), almost 18,000 people died in alcohol-related accidents in the United States in 2003, up from 2002. The dangers of drunk-driving dangers were highlighted in the '80s and '90s. MADD began in 1979 after a teenage girl was killed by the car of a drunk driver and her mother decided to take action. In the past two decades since MADD's inception, drunk-driving deaths plummeted from 30,000 a year to 15,000.

According to the National Safety Council (NSC), every 30 minutes, someone dies in an alcohol-related crash. Alcohol-related motor vehicle crashes killed over 17,000 people in 2005 alone, which are the latest figures available. Alcohol is a factor in 6% of all traffic crashes, and over 40% of all fatal crashes.

The National Safety Council(NSC) estimates that injuries cost society $434.8 billion in 1995. This includes estimates of economic costs of fatal and nonfatal unintentional injuries together with employer costs, vehicle damage costs and fire losses. The costs by class were: motor vehicle, $170.6 billion; work, $119.4; and, home and public, $158.4 billion. In 1995, fatal injuries were the fifth leading cause of death behind heart disease, cancer, stroke and chronic obstructive pulmonary disease.

In my practice as a personal injury attorney in Polk County, FL, I represent DUI victims who sustain bodily injuries as a result of a drunk driver. In the State of Florida, it is important to note that if a DUI conviction is obtained against the drunk driver, a DUI victim may be entitled to punitive damages. Unlike compensatory damages, which are calculated to restore the plaintiff to his or her pre-accident state, punitive damages are awarded to punish the defendant for his/her actions.

According to a recent News Chief article, last Sunday morning, July 12, 2009, Robert Edward Stewart, age 51, of Sand Pine Trail in Lake Wales, FL, was charged with DUI manslaughter and fleeing the scene of a crash.

Stewart was traveling on U.S. 27, approximately two miles south of Presidents Drive in Lake Wales, FL when he struck and killed 19-year-old Luis Francisco Rivera, a walking pedestrian who was walking along the west shoulder of the road.

Evidence revels Stewart swerved outside the lane when he struck Rivera, who was walking in the direction of the westbound traffic flow on U.S. 27, in Lake Wales, FL. Stewart was booked into the Polk County, FL Jail and was held without bond after fleeing the scene of the accident.

According to the Florida Department of Highway Safety and Motor Vehicles (FDHSMV), the consequences for DUI Manslaughter are as follows:
A driver convicted of DUI Manslaughter, who knows or should have known that the offense occurred; and fails to give information or render aid is guilty of a First Degree Felony, punishable by a minimal $10,000 fine and/or 30 years imprisonment.

The aftermath of DUI manslaughter has serious consequences. It is expensive to get your license back and you could face jail time.

Suppose an individual is injured or killed because of a drunk driver. What about the victim? As in most cases, the victim may file a claim for bodily injury. Typically, the plaintiff seeks damages for past and future medical expenses, lost wages, as well as past and future pain and suffering. Additionally, Florida law permits the plaintiff injured by a drunk driver, to seek punitive damages. However, this can only be sought if the defendant receives a DUI conviction.

In my practice as a personal injury attorney, serving Polk County, FL, I represent victims of all accidents. If you have been injured in a DUI collision, it is important to seek the advice of an attorney and to know about your legal rights.

According to the Lakeland Ledger, Jason Torres, a 24-year-old Lakeland, FL man, was arrested Wednesday, July 8, 2009 in connection with a fatal car crash last February on County Road 540-A in Lakeland, FL.

Torres is charged with two counts of DUI manslaughter as a result of the Feb. 5 crash that killed two Lakeland, FL men. At the time of the crash, Pedro Rivera, 28, of Pinedale Avenue in Lakeland, FL, and Cedrick Green, 29, of Providence Reserve Loop in Lakeland, FL, were both passengers in Torres' vehicle.

Authorities report that at approximately 11 p.m., Torres was traveling westbound on C.R. 540-A, near Thousand Oaks Drive in Lakeland, FL. At that time, Torres attempted to pass the vehicle in front of him in the inside lane. As he entered the outside lane, Torres sped up and lost control of the vehicle.

His Honda vehicle struck a concrete curb and rotated counter-clockwise while traveling west into the outside lane. The Polk County Sheriff's Office reported that the Honda crashed into a utility pole on the north side of C.R. 540-A, crushing the passenger side. The impact forced Rivera, the front seat passenger, toward the back of the vehicle. Green, who was sitting in the back seat of the vehicle, was ejected. Both men died at the scene.

The Polk County Sheriff's Office reported Rivera was the only one wearing a seatbelt at the time of the accident.

Torres' injuries were minor and he agreed to have blood drawn by EMS personnel. The samples were sent to the Florida Department of Law Enforcement lab for analysis and later revealed that Torres' blood alcohol level was .118. Under Florida law, drivers with a blood alcohol level of .08 or higher are deemed "under the influence."

After receiving the lab results, authorities obtained a warrant for Torres' arrest, but did not find him at his Lakeland, FL address. The Polk County Sheriff's Office reported that further investigation led deputies to believe Torres was living in Massachusetts.

Authorities issued a warrant for Torres' arrest last month. He was captured in Chelsea, Mass., by the U.S. Marshal's Office and Massachusetts State Police.

Torres is scheduled to be brought back to Polk County to face charges. Meanwhile, he is being held in the barracks of the Massachusetts State Police without bail.

As a personal injury attorney, practicing in Polk County, FL, I represent victims of automobile accidents. In the instant case, it is reassuring for the victims' families to know that the at fault driver will now be facing criminal charges. In a personal injury action, a conviction is necessary in order to seek punitive damages in the case.

Polk County, FL Sargeant, Bob Barnes was seriously injured this Tuesday while stopping a suspected hit-and-run driver on Lake Hatchineha Road near Lake Hamilton, FL.

According to an article in the Lakeland Ledger, Monica Casanova, 24, was the suspected driver of a hit-and-run incident that had been reported.  Three off-duty officers were notified of the incident and alerted that Casanova could be traveling near the area.  One deputy spotted Casanova's vehicle with front-end vehicle damage in the westbound lane on Lake Hatchineha Road. 

At that time, Sgt. Bob Barnes attempted to block Casanova's path by parking his vehicle at the intersection of S.R. 17.  Sgt. Barnes then drew his gun, approached Casanova and ordered her to get out of the vehicle but she was unresponsive. As Sgt. Barnes proceeded to reach into the vehicle to remove Casanova, she hit the gas pedal. Casanova proceeded to drive and struck Barnes' patrol car before striking a group of trees.

Casanova told investigators she had consumed a bag of cocaine and four large vodka drinks. She sustained injuries and was taken to Lake Wales Medical Center for minor injuries. Sgt. Barnes was taken to Lakeland Regional Medical Center where he remains in stable condition.

Casanova is charged with aggravated battery on an officer, resisting an officer with violence, two counts of leaving an accident scene with damage, reckless driving, possession of cannabis and possession of drug paraphernalia.

A 2000 study by the National Highway Traffic Safety Administration (NHTSA) reported an impaired driver for every 110 miles driven in Florida.  That year, Florida police records revealed 23,578 car crashes involving a driver or pedestrian with a blood alcohol concentration (BAC) of .01 or more. 

A more recent study, performed by the NHTSA in 2007, states that drivers are considered to be impaired if their BAC is .08 g/dL or higher.  An alcohol impaired-driving fatality is defined as any fatality involving a driver with a minimum .08 BAC. 

We all know drinking and driving don't mix. Impaired driving puts lives at risk.  The defendant in this story now faces criminal charges for intentional acts, which may not have occurred but for her consumption of drugs and alcohol.  In my practice as an injury lawyer in Polk County, Florida, I represent victims of automobile accidents. If the at fault party is convicted of DUI, the injured party may be entitled to punitive damages.

Patrick Mellan, 17, of Lakeland, FL is charged with two counts of DUI manslaughter and two counts of DUI inflicting serious bodily injury. According to the Lakeland Ledger, Mellan was the driver in a deadly car accident on October 10, 2008 that claimed the life of two young men and left two others seriously injured. 

Mellan, who was sixteen-years-old at the time, was driving eastbound on the Polk Parkway when he lost control of his 2007 Ford Mustang. According to the Florida Highway Patrol, the vehicle was traveling approximately seventy-nine miles per hour when it veered onto the south shoulder and then struck a palm tree and a utility pole. Passenger Keenan Mullings, 16, of Lakeland, FL was pronounced dead at the scene of the accident.  Passenger Warren Williams, 27, of Plant City, FL later died of serious injuries at Lakeland Regional Medical Center.  Passenger, Eddie E.J. Gallon, 17, is now a paraplegic. Passenger Derrick Austin, 19, also sustained serious injuries. 

Authorities say Mellan's blood alcohol level was nearly double the legal limit for drivers age twenty-one or older. Drivers under the age of twenty-one with any amount of alcohol in their blood are automatically deemed to be under the influence.

Mellan is being charged as an adult. He was released from the Polk County Jail on bond with conditions. 

According to the Florida Department of Highway Safety & Motor Vehicles, motor vehicle accidents are the leading cause of death among teens in the U.S. Another study, performed by the Centers for Disease Control and Prevention, indicates that although young individuals, ages 15-24, account for only 14% of the population, they represent 30% of the total cost of auto injuries in males and 28% in females.

Teens at a higher risk for car crashes are:
• Male drivers
• Teens driving with teen passengers
• Newly licensed teens

In my practice as a Polk County, FL injury lawyer, I represent victims injured in motor vehicle accidents.  When the injuries are caused by a drunk driver who is convicted of the offense, the victim may recover punitive damages. Under some circumstances, it may also be possible to pursue a claim against the entity that sold or served alcohol to the drunk driver.