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Pedestrian Killed on CR540A

thefirm Nov 26, 2012

A teenager, Blake Dowdy, 16, was killed as a pedestrian after being struck by a pickup truck driven by Christopher Koenig, 29.  This accident can only be examined from the perspective that Mr. Dowdy was actually walking on the roadway near the white line.  It seems unlikely that Mr. Koenig would have driven off the roadway to strike Mr. Dowdy and it seems unlikely that Mr. Dowdy was in the middle of the road.  With that in mind, this accident seems to be the result of Mr. Koenig's failure to keep a proper lookout on the roadway ahead of him.  Pedestrians are permitted to walk on the roadway in Florida as nearly as practicable to the edge of the roadway as possible.  Considering that Dowdy was found on the south side of the roadway, we can assume that Mr. Koenig was traveling east at the time of the collision.  This means that there was no sidewalk available for Mr. Dowdy.  Notwithstanding that pedestrians are supposed to walk in an opposite direction to traffic rather than with traffic, the driver of a motor vehicle has a legal, common law obligation to ensure its safe operation.  If Mr. Koenig had paid more diligent attention to the roadway at 1:00 a.m., this accident should not have happened.  Further, regardless of whether Mr. Koenig was over the legal limit of 0.08 BAC at the time of the crash, alcohol may have impaired his judgment and/or ability to keep a proper lookout.  Florida authorizes punitive damages against drivers who are intoxicated by alcohol who caused a crash.  This case will likely become a civil case but also a DUI Manslaughter and a leaving the scene of an accident involving death.  If you or a loved one has been involved in a car accident in Lakeland, Florida, please contact a Lakeland personal injury or car accident lawyer for a free consultation.

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