Pedestrian Killed in Auburndale By Moody Law | Personal Injury Attorneys on May 01, 2012

An accident occurred in Auburndale, Florida where two men crossing U.S. Highway 92 were struck by a pickup truck.  The accident happened near Highway 92's intersection with Main Street.  The men were crossing the street from a Sonic restaurant.  One man died at the scene.  The other pedestrian was taken to Lakeland Regional Medical Center and his condition is unknown.  There were apparently no injuries to the driver of the pickup truck.

Both pedestrians and motorists have a duty to share the roadway appropriately.  The rules for pedestrians are codified in Chapter 316, Florida Statutes.  Notwithstanding any of the rules, there is usually some degree of comparative fault on the driver of the motor vehicle because, if the driver is paying attention, then the driver can react and avoid a collision with a pedestrian who is not supposed to be crossing where they were.  This, of course, does not apply if the pedestrian suddenly steps out in front of the vehicle.  U.S. 92 is a wide road near where this accident took place and it is relatively well lit at night.  Even if the pedestrians were jaywalking, then chances are that the pickup truck had the ability to slow down and avoid the crash had the driver been paying proper attention to the roadway.  There is also the potential for more than one type of claim here.  Depending on what types of insurance each person may have purchased before this accident, there may be converage for PIP, BI, UM, disability, and/or life insurance.  If you or a loved one have a question about an car accident in the Auburndale, Florida area or have a question about how the insurance laws apply to your particular accident, please contact an Auburndale car accident attorney for a free consultation.  Your consultation is confidential.

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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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