Mary Lee Modeste, 47, of Bartow, FL was struck by a car while walking along U.S. Highway 17 today in Bartow, FL. According to a News Chief article, Modeste was walking northbound on U.S. Highway 17 near State Road 60 at approximately 12:05 a.m. She was walking with traffic, her back faced to the oncoming vehicles.
At that time, she was struck by a 2004 Infinity Vehicle driven by Ian Jeffrey Burias, 31, of Orlando, FL. The impact forced Modeste onto the east shoulder. She died from her injuries.
According to a study performed by the Office of Community Oriented Policing Services on Pedestrian Injuries and Fatalities, unsafe pedestrian behavior plays a significant role in many pedestrian accidents. In fact, a recent study notes that pedestrians were found to be at fault in 80% of all pedestrian-vehicle collisions in Florida.
So what constitutes "unsafe pedestrian behavior?" Pedestrian Jaywalking can be classified as unsafe pedestrian behavior. Jaywalking, which is another term for illegal street crossing, usually occurs when a pedestrian walks against a pedestrian walk signal, crosses the street with no crosswalk or crosses outside a marked crosswalk.
Injury or death may also result when pedestrians:
• Stand in the road
• Stand between parked cars
• Jog/walk in the wrong direction
• Fail to yield
Another study, performed by the National Highway Traffic Safety Administration, found that bicyclists are also at a high risk of injury or death. Since bicyclists are considered vehicle operators, they must obey the same traffic rules as motor vehicle operators. Helmet use plays a major role in preventing head injuries in bicycle crashes. Therefore, it is essential to wear a properly fitted helmet for each bike ride. It is also a good idea to wear fluorescent or brightly colored clothing while bicycling at all times of the day. At night, it is especially useful to use a front light and a red reflector or a flashing rear light.
In my practice as a Polk County, FL injury lawyer, I represent pedestrians and bicyclists who have been injured or killed after being struck by a vehicle. In some cases, defenses are raised against the injured victim. A qualified attorney can conduct a thorough investigation of the crash and deal aggressively with the adverse insurance carrier to fight for a fair recovery.
