Local news media outlets report that a red Dodge Ram pickup truck, apparently trying to avoid being pulled over by the St. Petersburg Police Department, struck and killed a bicyclist and seriously injured a pedestrian at the intersection of 22^nd Avenue South/Martin Luther King Jr. Blvd. in the City late last night.

According to sources, the pickup truck was attempting to turn left at 13^th Avenue South, struck the two innocent bystanders, flipped, and landed on another vehicle.  The driver then fled the scene.

The unfortunate bicyclist (not identified) was pronounced dead at the scene, while the pedestrian (likewise not identified) was taken to a local hospital, likely Bayfront Medical Center, with life-threatening injuries. The police investigation continues.

Although it likely would not have made a difference in this case, we like to provide consumers with information they can use to increase their safety.  The National Highway Traffic Safety Administration has published articles and videos regarding adult bicycle safety.  Although nothing can protect an innocent bystander from an incident such as this, perhaps the safety tips can help to make others aware and avoid tragedies like this in the future.

The attorneys and staff of the Law Office of James W. Dodson, P.A. send out our prayers and condolences to the families of the bicyclist and pedestrian.  We hope for a speedy and complete recovery for the pedestrian.

Secretary Peters indicated that, according to these latest figures, only 12,998 DUI fatalities occurred in 2007, whereas 13,491 fatalities occurred in 2006.  For purposes of compiling these statistics, a DUI fatality is defined as one where a vehicle operator had a blood alcohol concentration (BAC) of .08 or greater.

The report was released in conjunction with NHTSA’s announcement that it was working with law enforcement across the country in increasing their drunk-driving enforcement efforts in anticipation of the upcoming Labor Day weekend.

Sean Conahan of the Law Office of James W. Dodson, P.A., regularly handles personal injury claims, including wrongful death claims caused by drivers operating their vehicle while under the influence.

Ms. Dailey died at the scene while Mr. Bell, was taken to the local trauma center, Tampa General Hospital, where he later expired.  The driver of the Buick, Michael A. Redish, was also seriously injured.  This was a tragic chain-of-events, and based on the limited amount of information available, looks like it could not have been avoided.  The investigation continues and charges are pending.

Various organizations publish safety information for drivers and passengers on how to stay safe when your vehicle becomes disabled.  According to AAA:

• Move your vehicle off the road safely away from traffic.
• Stay inside your vehicle, and make all passengers stay inside, too. Keep doors locked.
• If you can’t move your vehicle off the road, ask all passengers to exit the vehicle when it is safe to do so, and stand away from traffic.
• If you must walk to a phone, keep your group together.
• Raise the vehicle’s hood, tie a white cloth to a door handle or use reflective triangles or flares. Warning devices should be placed far enough away from the vehicle to give oncoming traffic time to react. A good rule of thumb: 3 devices at 100, 50 and 25 yards from the vehicle – or 300, 200 or 100 feet.
• Only roll down the window enough to ask any passersby to call police.

For Florida residents, the Florida Highway Patrol also publishes its own advice for drivers:

• Signal, slow down gradually, and carefully pull off the road on to the shoulder.
• Switch on emergency/safety flashers.
• Raise vehicle hood
• Never stand behind or directly in front of your vehicle.
• Remain in your vehicle unless you think your vehicle may be struck from behind.
• Call or wait for assistance.

I’m not saying that any of the above would have prevented this specific tragedy but certainly sounds like good advice to follow in the majority of the circumstances.

The Law Office of James W. Dodson, P.A. is experienced in handling pedestrian accidents, and in this cases such as this one, wrongful death claims under Florida law.  In the case of a wrongful death claim, it is the survivors who have the right to bring the claim.

The campaign was launched partly because of the continual increase in motorcycle fatality crashes, and partly because of the increased number of motorcycles on Florida’s roadways.  With the gas crisis of 2008, one can only predict the number of new, less experienced riders on Florida’s highways will continue to increase.  Although many times, motorcyclists involved in serious accidents are not at fault, they suffer a disproportionate number of injuries due to the nature of the vehicle.  Anything riders can voluntarily do to be more visible and possibly save lives can only be a good thing.

Where does Florida stand compared to California. Currently Florida has no legislation restricting cellphone usage, other than statute 316.304 which requires when one is using a listening device, the device is restricted to one ear. In other words, the other ear must be available to hear and be alert to the driver’s surroundings, listening for example horns, emergency vehicles, and brakes screeching. Other than that, the only other currently proposed legislation would restrict cellphone usage for drivers under the age of 18. Presumably that would include using the device for such things as texting.

The Insurance Institute for Highway Safety maintains a list of the states which have law restricting cellphone use and texting.

In dealing with the number of accident victims as we do, we regularly see cellphones as a contributing cause to many an accident. As a personal injury attorney, I will regularly secure cellphone records and thoroughly question parties regarding cellphone use prior to, during, and after a motor vehicle accident. With the number of vehicles on the roads in Florida’s metro areas, any law that forces drivers to think twice before becoming potentially distracted could only be a good thing.

About the Law Firm

The Law Offices of James W. Dodson, an Attorney in Tampa, specialize in personal injury, car accident, and slip and falls cases. For more information, please view their Personal injury video on YouTube or contact them for a free legal evaluation.