Pedestrian Killed on State Road 46 By Moody Law | Personal Injury Attorneys on April 21, 2010

Sanford, Florida.  A pedestrian was struck and killed while attempting to cross the street.  A van driven by Nicole Smith, 28, of Sanford, Florida was driving west in the inside lane of State Road 46.  Ana Vazquez, 44, of Sanford, Florida, was attempting to cross from north to south near the intersection of County Road 15 and State Road 46.  The accident happened at approximately 12:40 A.M.  The crash remains under investigation by the Florida Highway Patrol.

Pedestrians are often struck while crossing the road at night where there are no crosswalks.  In many instances, there is not an intersection for which a pedestrian to cross.  Pedestrians are encouraged to do everything possible to prevent being struck by a vehicle on the roadway, to include wearing light colored clothing and to look before crossing.  Notwithstanding, many pedestrians are struck by motor vehicle drivers who are either not paying attention to the roadway or do not take proper precaution when seeing a pedestrian until it was too late.  We all have to share the road--the analysis used to determine fault in our civil liability system is not who had the right of way but instead it is more or less what you could have done to prevent the accident and who had the last opportunity to do so.  Thus, a motorist who is exercising his or her proper duties on the roadway must anticipate that other people may not be where they are supposed to be or may not do what they are supposed to do.  At this moment, it does not matter who was right or wrong but rather who can avoid the collision.  If you can avoid a collision, you must do so.

If you or a loved one has been involved in a pedestrian accident in the greater Central Florida area, including Lakeland, Winter Haven, Bartow, Haines City, Davenport, or Polk County, Florida, please contact a personal injury attorney with Moody Law to discuss your case.  Our lawyers also handle a select number of cases on a statewide basis.  A consultation with one our personal injury lawyers is free.

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Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

To schedule a free, no-obligation consultation, contact us online or call (863) 733-9090.

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