Collision With Wheelchair Results in Death
58-year-old Robert Turner died from injuries suffered in a collision with a car driven by Correse Williams. Williams struck the wheelchair with a 1993 Honda Civic as Turner was crossing Havendale Boulevard at approximately 8:40 p.m. on March 23, 2013. This accident happened outside of a designated crosswalk.
While this accident happened outside of a crosswalk, everyone has a responsibility to share the roadway. Pedestrians are not "landlocked" to one side of the road until they reach a crosswalk as, sometimes, there will not be a crosswalk for many miles. Instead, pedestrians are permitted to cross the road wherever they like, however, when they are outside a designated crosswalk, then the pedestrian has the duty to yield to the motorist. The speed limit on Havendale Boulevard is usually between 45 and 55 miles per hour. It is possible that this accident happened because Mr. Turner needed to cross the road and entered the roadway before Mr. Williams' reasonable path was observed by Mr. Turner. Another factor of importance is the distance from which Mr. Turner first became visible and whether Mr. Williams had the option of other lanes to avoid the collision. Even though a pedestrian is charged with the legal duty to "yield" to motorists when crossing outside of a crosswalk, a motorist has a duty to avoid a collision whenever and wherever possible. This means that slowing down or changing lanes may be required of the motorist. Because of fast speed limits, it may not be possible in some spots for a pedestrian to cross a multi-lane highway without interfering with the flow of traffic (it would be unfair to say that only those with the privilege of driving cars have the right to use the roadway). If a driver is paying attention, the driver can usually avoid a pedestrian or other hazard in the roadway. If you or a loved one has been injured in a car accident, please contact a Florida personal injury attorney for free advice on how to handle the situation. There may be insurance benefits that you are unaware of or are uncertain about. There may also be degrees of comparative fault that factor into your case. A Florida car accident attorney with Moody Law can assist you sort through the issues and bring the matter to a close.
