Moody Law

Bicyclist Killed in Zephyrhills

Jan 17, 2012 @ 10:16 AM — by Moody Law | Personal Injury Attorneys
Tagged with: Hit And Run Accident

Zephyrhills, Florida.  This accident occurred at approximately 10:20 p.m. on Fort King Road.  The decedent, 23-year-old Robert Burger III, was riding on the right side of the road when he lost control of his bicycle and fell into the roadway.  It appears that a car came from the rear, struck Burger, and then took off.  Burger lived in Dade City.  Police are investigating and are looking for the hit and run driver.  If you have any information regarding this accident, you should call the police.

From the information that is available for me to read, my take on this accident is that a motorist should be able to avoid striking a bicyclist who fell in the roadway, even at night.  The failure to avoid this situation is negligence in my opinion.  A driver with proper lighting equipment, even on a dark road, who is traveling at an appropriate speed for conditions, should be able to see and avoid a hazard in the roadway.  I further believe that the driver was negligent by leaving the scene of an accident involving death (doing so is also a felony).  Even if there is no liability in striking the bicyclist (which I disagree with), the driver only complicated matters further by leaving the scene and not calling police.  There is a duty for motorists to stop and render aid following an accident if at all possible.  In this case, that likely would have meant calling an ambulance.  Had the appropriate medical unit been called timely, Mr. Burger might still be here today.  We all owe it to our fellow man to stop and render aid in a situation like this.  If you or a loved one has suffered an injury as a result of a car accident, please contact the personal injury and car accident attorneys of Moody Law for a free consultation.