Man on National Mission to Visit Baseball Parks Hit by Semi-Truck in Polk County
24-year-old Jacob Landis was on a mission to visit every baseball stadium in the country when he was struck by a semi-truck in Polk County, Florida. The accident resulted in a broken nose, broken cheek bone, a concussion, bruising, and road rash. It appears that the truck clipped him as he was riding along U.S. 27 near Frostproof at approximately 9:45 p.m. in an attempt to make it from St. Petersburg to Miami.
Regardless of anyone's thoughts on riding bicycles at night on busy highways, the law clearly allows bicyclists to ride at night with a headlight, reflectors, and a flashing tail light. Of course, that is only the mere minimum equipment that is required of a bicyclist at night. In many instances, a bicyclist should probably want to provide himself with additional protection in the form of visible clothing and choosing routes that minimize exposure to traffic. A bicyclist in Florida is also required to follow all traffic laws and ride on the right side of the road. It appears that Mr. Landis was doing that. In any event, the driver of a motor vehicle has a common law duty to avoid an accident whenever possible. This means that a semi-truck driver should be able to see a bicyclist and move over in the lane to give the bicyclist enough space to safely pass. Failure to do this can result in a legal claim for negligence. It just does not make any sense that a driver who was paying attention to the roadway did not see the bicyclist under these circumstances and take evasive action. If you can avoid an accident, then you should, and failure to do so can result in a finding from a jury that you were responsible in whole or in part for causing the accident. Our experience is that juries tend to be fair and try to do what they believe is right given the facts and law as it is presented to them. We have noticed that Polk County juries have tried very hard to consider the evidence received in trials and to uphold the oath that every juror takes. I believe that a jury would seriously consider this a valid claim and would award damages accordingly. If you or a loved one has been injured in a car or truck accident in Polk County, please contact a personal injury lawyer for a free consultation of the facts and circumstances surrounding your case. Each and every case is different and there is not a guarantee of a particular outcome.
