The Florida Highway Patrol and the Miami-Dade police are investigating a hit-and-run crash involving a cyclist. According to a news release, the crash occurred at the intersection of U.S. 1 and Southwest 260th Street around 3am on Thursday of last week. Officials said 33-year-old Nelson Rodriguez was behind the wheel of a white Chevy sedan when he struck the victim who was crossing the street on his bicycle. FHP officials took Rodriguez into custody. The 33-year-old is now being held at the Turner Guilford Knight Correctional Center in West Miami-Dade. Rodriguez faces charges for driving under the influence and fleeing the scene of a crash that resulted in a fatality. No further details were released at this time.
Hit and Run Accidents Involving Pedestrians and Bicyclists
Hit and run accidents usually occur because drivers illegally leave the scene of crash instead of pulling over and checking to see if the injured person is okay. These types of crashes are unacceptable but are unfortunately common across South Florida every year. At Suarez & Montero Car Accident Lawyers, we believe that traffic deaths and serious injuries are preventable and unacceptable. For us, the only acceptable highway safety goal should be zero serious injuries and fatalities. In Florida, as in most states, the rights and duties of a motor vehicle driver and a cyclist are governed by statutes and other laws that directly affect the issue of the negligence of a biker on bicycle accident cases . In Florida, motorists are required to exercise ordinary or reasonable care to avoid accidents with cyclists. A bicycle is a vehicle suitable for use on public streets; and, in the absence of any specific regulation to the contrary, cyclists have the same rights as motorists for the use of motorways and public streets, and are governed by the same traffic regulations and road rules applicable to motor vehicles. At the same time, cyclists are required to exercise ordinary or reasonable care for their own safety. Therefore, at least until the motorist sees that the cyclist is in a dangerous position, motorists have the right to assume and act on the assumption that any cyclist on the road will exercise due care , and it is not negligently exposed to danger, but will try to avoid it.
Investigation of Hit and Run Accidents
Hit and run accidents Involving pedestrians and bicyclists require careful investigation at the scene. In many, if not most cases, where a bicyclist has been hit by an automobile, the alleged negligence on the driver’s part will involve a failure to keep a proper lookout. In dealing with a case where a driver has struck a bicyclist, it is important to ascertain and document with the greatest accuracy possible the exact location of both the vehicle and the bicycle at all pertinent times, as well as all other factors affecting the negligence or contributory negligence of the parties. As such, measurements must be accurately taken. They may prove invaluable in case of litigation. The exact position of the pedestrian or cyclist is very important and every physical fact should be carefully investigated, such as distance from curb, safety zone or other marked area; whether walking in the painted crosswalk set apart for pedestrian use; blood, flesh or pieces of torn clothing on the pavement and skid or tire marks made by the offending vehicle. Weather conditions are also important to note as well as visibility conditions. light or dark clothing worn by the pedestrian; nearest street lights or other lights from store or business windows. The type of shoes being worn at the time by the injured person is an important element in all of the cases involving falls and injuries to pedestrians, as well as the condition of the person’s eyesight and whether or not glasses are needed for proper vision and being worn at the time.
As in negligence actions generally, real or demonstrative evidence such as diagrams, maps, photographs depicting the location or conditions surrounding the accident, and other objects brought into court and exhibited to the court and jury is admissible in the trial court’s discretion where a proper foundation has been established as to relevancy, authenticity, and accuracy of portrayal. For example, any clothing worn by the bicyclist specially designed to enhance the bicyclist’s visibility may be brought into court and exhibited to the court and jury. Equipment carried on the bicycle, such as reflectors, as well as the bicycle itself also may be brought into court.
Photographs of the Accident Scene
It is usually advisable to have an investigator take several photographs showing the scene of the accident as it would appear to a driver approaching the scene. Photographs showing damage to the defendant’s automobile and the plaintiff’s bicycle, and the position of both after the collision (if available), may also be valuable evidence, as are photographs showing warning signs indicating the possible presence of bicyclists. Tangible objects other than depictions (i.e., maps, diagrams, photographs) ordinarily comprise a comparatively small proportion of the evidence produced in the trial of a motor vehicle accident case, at least with regard to liability issues. The use of photographs showing the driver’s angle of vision may be particularly effective for the purpose of determining what in fact the driver could see. In cases involving a claim that a motorist failed to exercise reasonable care to avoid striking a bicyclist who suddenly veered into his path, it is crucial to establish the point at which it first became possible for the driver to see the cyclist, or the “point of possible perception. If feasible, the photographs should be taken at approximately the same time of day and in the same weather conditions as existed at the time of the accident. Color photographs may be particularly useful. If the photographs are taken from the window of a vehicle, counsel should establish that the vehicle is the same as or very similar to the one that was involved in the accident.
How a Lawyer Can Help
The Law Offices of Suarez & Montero Car Accident Lawyers believe that all victims who have been injured by someone else’s negligence deserve to be compensated for their injuries. The Law Offices of Suarez & Montero Car Accident Lawyers represents accident victims injured in various types of accidents. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.