Florida personal injury attorneys remind us that the law requires us all to excercise due care when operating a vehicle on our state streets & highways.
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Pedestrian Killed in Las Olas Accident
Douglas Deboer was fatally injured yesterday on Las Olas Boulevard when a truck driven by Michael Kornahrens struck and killed him. As facts surrounding the crash are still unknown, Fort Lauderdale law enforcement is seeking anyone that may have any knowledge about the incident leading to Mr. Deboer’s death. Individuals having knowledge of the facts are urged to call Crime Stoppers at 954-493-TIPS (8477).
Sun-Sentiniel Article
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Personal injury attorneys must stay apprised of changes to Florida law regarding negligent driving that results in harm to another. The lawyers of Alitowski & Moore, P.A. provide information on our various Florida websites and are also available to discuss any legal issue with you either telephonically or in person.
A motorist on the public streets and highways not only has the right to assume that other motorists will observe the rules of the road, obey the laws governing the operation of motor vehicles, and exercise due care to avoid an accident, but he or she also has the right to act upon this assumption in the absence of anything to indicate otherwise. Indeed, although a motorist is obligated to use reasonable care and caution to avoid a collision, even to the extent of yielding the right of way if reasonably necessary, the motorist has the right to assume, until put upon reasonable notice to the contrary, that other motorists will obey traffic ordinances and yield to his or her right of way. So, a motorist, who proceeds through an intersection on a light that is green and was green for at least 150 feet before he or she entered the intersection, has the right to rely on common experience and not slow down on the off chance that another motorist on the intersecting street will run the red light. Similarly, where a plaintiff observes an approaching vehicle first move from the wrong side of the road to the proper side of the road approximately one-quarter of a mile in the distance and then continue in its proper lane, the plaintiff has the right to assume, until something occurs to make he or she think otherwise, that the driver of the approaching vehicle will operate the vehicle along his or her proper side of the road in a careful and prudent manner and not veer into the plaintiff's path.
Moreover, in the absence of anything to indicate otherwise, a motorist may assume that further a vehicle approaching from the opposite direction is not traveling at a greater speed than that permitted by law so as to permit the motorist the opportunity to cross safely in front of the vehicle and onto a side street.
Whenever it becomes apparent that the other vehicle is not being driven lawfully, however, a motorist is not justified in operating his or her vehicle in a manner that assumes that the other is observing the law. Consequently, if the driver of a vehicle approaching from the opposite direction refuses to dim his or her lights, it becomes the duty of the other motorist to operate his or her vehicle so as to avoid injury, and, if so completely blinded that he or she cannot see the road, such motorist must stop, if necessary, until the approaching vehicle has passed and the view ahead becomes clear.
If you have been injured in South Florida, contact Broward accident attorney Andrew Alitowski. For central and North Florida, contact William Moore.
