A man working on the Palmetto expressway was struck by a pickup truck at 8:15 A.M. on August 11, 2010.
The man, who was a subcontractor for the Florida Department of Transportation, was airlifted to the hospital with serious injuries.
In 2006 the Florida legislature passed Florida Statute 316.083, which states:
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an appropriate signal as provided for in s. 316.156, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.
In essence the statute provides for a safe distance when overtaking a bicycle. Much like cyclist road workers are defenseless on the roadway, and motorist must allow for a safe distance when overtaking workers and police officers on the roadway.
As a Miami Personal injury lawyer I have handled cases involving pedestrian accidents, and the injuries are usually very severe because the pedestrian or cyclist is not expecting the impact, and the vehicle is usually accelerating as it tries to pass the pedestrian.
