a previous article involving a fatal police car crash.
Don’t think a fatal accident can happen to you?
Look at the two people involved in this fatal accident, a 53-year-old mother of two riding her bicycle and a 33-year-old woman driving a Honda Fit with two previous speeding tickets. That could be any one of us, a fatal accident can happen at any time, to anyone. State Road 84 is well known for its bicycling crowd, especially on the weekends. Between S.W. 148 Avenue and 136 Avenue, the road is long, slowly curving to the left and the speed limit is 55 miles per hour. It is a great road for bicycling, but unfortunately, it is also has a history of fatal accidents, and many are killed. Long, straight roads with high-speed limits are a recipe for disaster for bicyclist and pedestrians.
So just how fast is 55 miles per hour?
At 55 mile per hour, a car is traveling 80.63 feet per second, that is a football field 3.7 seconds. When a bicyclist, or pedestrian, is stuck at this speed, the chances of survival are slim to none. The initial impact is sufficient to kill a person regardless of secondary impacts. A review of the news media photographs and video showing the area of impact on the vehicle tells me this vehicle was traveling between 40 and 60 miles per hour, plenty to cause a fatal accident. There is a lot of good information in this case that, if properly documented by the police, will be useful for the accident reconstructionist.How do the respective cases appear?
The case for the victim is probably pretty good, absent some unknown contributing factor on her part, she is just doing something she loved to do when she was hit and killed. Nothing short of a tragedy. Turning to the driver, I have some concerns. In these cases, there is a very slim line between civil liability and criminal liability. I completely understand chaos on the scene, look at the news video. This driver realizes she killed someone and the victim’s friends are all around her.Do not make statements about the crash!
I am telling you from experience, when you are involved in an accident, and you realize someone has died, you are going to feel compelled to speak. It is only natural to want to explain yourself in these situations. Think back to when your parents disciplined you for something, your response was to justify your actions; it is human nature.
Photo: Joe Cavaretta/South Florida Sun-Sentinel
This driver made statements that she was distracted and the sun was in her face. Both are hang yourself statements. She agreed to allow the police to search her phone and download her car’s computer data. HUGE mistakes! For your own good, you must keep your mouth shut, at all costs. I have never had a case, as a police officer or as a lawyer, where someone was able to talk their way out of getting arrested or charged. It just does not happen in real life. Whenever the police want to question you, the proper response is to consistently and firmly, leaving no doubt, you want to speak with your lawyer immediately.