Hit and Run Accident with Bicyclist in Crosswalk

 Wrongful Death

A bicyclist was hit and killed at approximately 3:22 a.m. on November 27, 2016 at the intersection of Hillsborough Avenue and Himes Avenue in Tampa, Florida.  The bicyclist was in the crosswalk at the time of the accident according to Tampa Police.  After the accident, the driver fled the scene.  Initial reports stated that the vehicle involved was a dark colored sedan but a red truck, pictured above, was found in Clearwater later in the morning with damage consistent with the crash.  The bicyclist’s name has not yet been released.

While the news reports do not give us all the details about how this accident happened, a hit and run in Florida is a first degree felony carrying a mandatory minimum prison sentence of 4 years (section 316.027(2)(c), Fla. Stat.).  With crash damage to the front driver side of this vehicle, it should be impossible for the driver to claim that he or she did not know that they hit something in the road.  In addition to the criminal aspect, the driver (and possibly the owner too) will be legally responsible in a court of law for a wrongful death.  Since the bicyclist was in the crosswalk, there is a strong argument that the truck driver should have been able to see the bicycle even if the bicycle did not have a walk signal at the time of the accident.  Additionally, the intersection involved is very well lit at night and the truck’s headlights should have reflected from the bicycle reflectors without a problem.

At this point in time, the insurance carrier for the driver of the pickup truck should be attempting to locate survivors of the decedent and should attempt to reach a settlement with them in exchange for policy limits.

Talk To A Lawyer For Help With Your Case

If you or a loved one has been involved in a Tampa Bay car accident, please contact a Tampa Bay car accident attorney for a free consultation.  At Russo Law, we can help you determine what needs to be done next on your case.  We can find all of the applicable insurance policies for you and establish a probate, if necessary, in order to formalize a settlement with an insurance company.

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November 27, 2016