Pedestrians are always vulnerable to motor vehicle accidents

Post on behalf of Thomas J. Ueberschaer PA on Tuesday August 9, 2016

Even when pedestrians have the right-of-way and cross a street legally, there is no guarantee that they will safely get to the other side. Pedestrians here in Florida and elsewhere rely on drivers to pay attention and obey the traffic laws. When that does not happen, they can become victims of motor vehicle accidents.

A 31-year-old man was crossing an intersection on U.S. Highway 1 on a recent Saturday. At the same time, a commercial van was southbound on the highway. When it reached the intersection, the van driver failed to obey the red traffic signal and struck the pedestrian.

Police arrived within minutes to find the injured man still alive. A medical helicopter was called in to transport him to a hospital in the area. Despite the efforts of medical personnel, he succumbed to his injuries at approximately 4 p.m. the same day.

The van driver remained at the scene, along with several witnesses who reported that the van did not stop for the red light. Officers with the Cocoa Police Department report that the investigation remains ongoing. The driver of the van could face criminal charges in connection with the accident.

Meanwhile, the family of the victim retains the right to file a wrongful death claim against the driver — and possibly the driver’s employer if he was on duty at the time. Both the official and an independent investigation could provide the family with evidence to help establish that the death of their loved one was due to the negligence of the van driver. If successful, a Florida court could enter an award of damages typically seen in motor vehicle accidents.

Source:, “Pedestrian identified in deadly Cocoa accident“, July 31, 2016

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