Pedestrian Dies After Treasure Island Accident By Moody Law | Personal Injury Attorneys on April 23, 2010

Treasure Island, Florida.  A 62 year old man was struck by a car as he crossed the street and has since died from injuries suffered in the accident.  Wilbur Clamon, 62, of Treasure Island, Florida was struck as he crossed Blind Pass Road.  Clamon was struck by a 2001 green Hyundai in the 9600 block of Blind Pass Road.  The accident occurred near a 7-Eleven convenience store.  Clamon was taken to Bayfront Medical Center and was placed in intensive care.  Witnesses placed Clamon crossing the road outside of a marked crosswalk and in violation of traffic signals.  The driver of the Hyundai, Daniel Nelson, 62, of Brooksville, Florida suffered minor injuries.  The crash is still under further investigation, however police have stated that neither speed nor alcohol was a factor in causing the crash.

Even though witnesses and police may have placed the blame on the pedestrian for not being in a marked crosswalk, there are instances where it is either impractical or impossible to cross the street in a crosswalk.  Naturally, the pedestrian has a duty to look both ways before crossing the street.  In many urban situations, a marked crosswalk may not be available because our cities are designed primarily for motor vehicle traffic rather than pedestrian traffic and there may be a steady stream of traffic without a means to stop traffic to cross the road.  As a result, pedestrians may be at a disadvantage.  However, notwithstanding a pedestrian's duties, a motorist has an even greater duty to keep a proper lookout and anticipate not only hazards in the roadway, but also for people who may not be where they are supposed to be.  Failing to do so may be the basis of liability against the motorist because motorists cannot drive blindly and cannot simply mow over someone who is not where they are supposed to be.  This goes back to the idea that fault is not determined by who has the right of way but rather by who has the last opportunity to avoid the accident.  If you or a loved one has been injured or killed as a pedestrian, please contact a personal injury lawyer with Moody Law to discuss your rights.  If you would like a free consultation in the greater Central Florida area, including Lakeland, Winter Haven, Bartow, Haines City, Davenport, or Polk County, Florida, please contact a personal injury lawyer today to discuss your pedestrian incident.

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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

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