A 74-year-old man has died after being struck by a motor vehicle heading east on County Road 218 in Middleburg July 9.
According to representatives from the Florida Highway Patrol, the accident happened around 7:10 a.m. while the man was placing a yard sale sign in the ground on the south side of the street. He reportedly walked into the eastbound lane of CR-218 for unknown reasons, at which time he was hit by the front left side of the vehicle.
The 19-year-old driver immediately stopped and called 911. Police officers say there were no signs that the driver was impaired, and no charges had yet been filed.
Liability in pedestrian accidents
In the majority of pedestrian accident cases, the driver is considered at fault. Any time a pedestrian is attempting to cross the street at a crosswalk, for example, and is then hit by a vehicle, the driver would be responsible. That’s because state law indicates drivers must yield to pedestrians at crosswalks. Even if a pedestrian is not crossing the street at a crosswalk, motorists are still responsible for noticing a pedestrian is in the road and taking appropriate measures to avoid a collision.
Exceptions do occur if there is no reasonable way the driver could be expected to avoid a pedestrian. This would occur if, for example, a pedestrian suddenly jumps out in front of a busy roadway or is attempting to cross a highway or freeway where the pedestrian is not allowed to be walking.
If you or a loved one have been injured in a pedestrian accident, reach out to a skilled Bradenton personal injury attorney at Goldman, Babboni, Fernandez, Murphy & Walsh.