Car Rolls Down Embankment and Hits Tree
A car accident near the intersection of Boggy Creek Road and East Lake Road resulted in the death of a 51-year-old man and placed another man in serious condition. The accident happened at approximately 1:30 a.m. when Jorge Gonzalez-Medina lost control of his vehicle. The car then veered off the roadway and went down an embankment before striking a tree. The deceased passenger was Daveanand Gualbance.
The vehicle was headed eastbound prior to the veering off the roadway. I have circled what I suspect is the embankment that the car went down before crashing into a tree. Considering the time of night that this accident occurred, falling asleep as well as alcohol are possible causes or contributing factors to the accident. Section 316.1933, Florida Statutes authorizes a law enforcement officer with probable cause to believe the driver is under the influence of alcohol or drugs to require the driver submit to a blood test when an accident involves serious bodily injury or death. A physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, acting at the request of a law enforcement officer may draw the blood from a suspect. Essentially, Florida law takes away the right to refuse a test for alcohol or drugs when there is an accident involving serious bodily injury or death.
Interestingly, the statute states that "the law enforcement officer may use reasonable force if necessary to require such person to submit to the administration of the blood test" and that "the testing ... need not be incidental to a lawful arrest of the person."
If you suffered a serious injury as a result of a Polk County car accident or you believe that a family member's death was wrongful, please contact a Polk County car accident attorney for a free consultation.
