Pedestrian Killed While Crossing US 19 in Spring Hill By Moody Law | Personal Injury Attorneys on October 26, 2010

A car accident in Spring Hill, Florida resulted in the death of a pedestrian.  The accident happened at approximately 10:50 p.m.was Diane Zajac Morit of Spring Hill, Florida was walking east across US 19 near Forest Oaks Boulevard.  Morit had crossed the median and entered the northbound lane of US 19 when she was hit by a car driven by Eric M. Thomas, 30.  Thomas was carrying a passenger, Katja Joerg, 28.  This accident is being considered a criminal case pending alcohol tests.

This facts of this case need to be determined.  Depending upon whether the pedestrian, the driver, or both (or neither) were intoxicated by alcohol or any other substance, the legal result can be dramatically different.  Certainly if the pedestrian had alcohol or other intoxicating substances in her system at the time of the crash, there will likely be significant comparative fault attributable to her.  However, more importantly, whether alcohol or any other substance found in the system of the driver will be telling of whether his senses were impaired and therefore DUI determine as a cause of the crash or not.  If the driver of a motor vehicle has consumed alcohol or other intoxicating substances, that driver bears a larger burden of responsibility for an accident because of the mere fact that they are operating a motor vehicle.  It is illegal to drive drunk but it is not illegal to walk drunk.  However, if you are going to walk drunk, you do do bear some responsibility if you do not obey uniform traffic control and the right of way and something happens.

If you have been injured in a car accident or lost a loved one in a car accident, please contact a personal injury lawyer to discuss your legal rights.  Moody Law represents persons injured in car accidents.

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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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