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.

As reported in the New York Times, the elevator became stuck between floor 11 and floor 10.  Young Jacob tried to jump to floor 10 and lost his footing.  The elevator is maintained by the New York Housing Authority and numerous residents have lodged complaints over the past 12 months.

There almost certainly will be an investigation into the maintenance of the elevator to see if this tragedy could have been prevented.  Although, I understand, the children probably became frightened and possibly panicked, but they should have stayed were they were and waited for help.  I certainly am not blaming the children, but I am saying that something like this could serve as a reminder to review elevator safety with our own children. 

Otis Worldwide, one of the largest elevator companies in the world has published elevator safety tips that can be reviewed with family.  Although a tragedy like this is likely an anomaly, we should all be cautious of the potential hazards elevators pose.