Lakeland Florida Injury Lawyer Blog

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.

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.

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.

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.

A local Winter Haven, FL man was killed and another seriously injured in a fatal car crash in Lake Wales.  According to the Lakeland Ledger Article, Two-Car Crash On S.R. 60 Kills One, Injures One, Raul Flores was traveling eastbound on S.R. 60 near Godwin Road Wednesday morning.  Apparently, Flores lost control of his 1994 Jeep Cherokee while traveling eastbound on S.R. 60.

Florida Highway Patrol reports Flores' vehicle veered onto the south shoulder, swerved back over the eastbound lanes and then drifted over the grass median. The vehicle overturned and came to final rest on its side, in the direct path of driver, Neal Carlin.  Carlin, who was driving a 2000 Ford F-350, was traveling westbound on S.R. 60 when he struck the roof of Flores' vehicle.

Flores was pronounced dead at the scene.  His passenger, Armando Rodriguez Martinez, was transported to Lakeland Regional Hospital, via airlift.  He is in critical condition.  Carlin was taken to Lake Wales Medical Center for minor injuries.  A full investigation is currently underway.

During this most difficult time of grief, it may be critical to obtain legal representation to secure any possible claims.  Loss of vehicle control may indicate a potential products liability claim. In such cases, it is critical to preserve the vehicles involved in the collision in their original condition. A hired expert may need to inspect the vehicles at a future time to determine the underlying cause of the crash.

In my Polk County, Florida law practice, I have seen unfortunate instances where a products liability claim is lost because the vehicles were discarded shortly after the accident.  A qualified personal injury attorney can take immediate steps to ensure this does not happen.