Truck hits and kills pedestrian. Whose fault?

What factors to consider

Many accidents have complications that make the determination of fault difficult. This is certainly true of a recent fatal accident in Deland, Florida being investigated by the Florida Highway Patrol. 

The News Journal is reporting that a woman pushing her bicycle on SR 44 was struck by a trailer being pulled by a truck, thrown into a ditch, and killed.

The driver of the truck, Robert Walters, stopped at the scene. The identity of the deceased woman is being kept private until next of kin can be informed. This is a horrible tragedy.   

accident

The limited facts reported by the newspaper make it clear that the Florida law defining traffic rules for pedestrians will be an important part of any case.  Florida Statute Section 316.130 defines the rules pedestrians must follow while using Florida roadways.  

It’s likely that many people will be surprised to learn how many different rules apply to pedestrians.  

Even so, drivers must still make every effort to avoid hitting a pedestrian even if the pedestrian is violating the law. 

Florida law requires every driver of a vehicle “…to exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.”  

Because litigation can be complex, we recommend hiring a local personal injury attorney who both knows the statutes and case law that could apply and is willing to give you the personal attention you deserve and the time it takes to get it right. 

Contact the personal injury attorneys in Daytona Beach, Florida at Zimmet & Zimmet if someone you love was in a fatal accident, we can help you through this difficult time. Call us today!

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