On August 17, 2008, two pedestrians were killed outside their disabled vehicle on the ever treacherous Interstate 4 in Hillsborough County, Florida.  According to the Florida Highway Patrol, Jessica L. Dailey and John L. Bell were standing outside of their disabled vehicle in the emergency lane when they were struck by a 2002 Buick that reportedly swerved into the emergency lane to avoid a potential collision with a vehicle in front of the Buick. 

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.