Michael John Herrmann, Jr., 25, of Plant City, FL was driving west on Pipkin Road in Lakeland, FL at approximately 12:40 a.m. on June 3, 2009. According to the Lakeland Ledger, Herrmann lost control of his 2008 Chevrolet vehicle and it overturned. Herrmann lost control shortly after passing two cars, and flashing his lights at one, a witness reported to investigators.
Herrmann was taken to Lakeland Region Medical Center after the collision. He died shortly before 11 a.m. due to his injuries. No other injuries had been reported.
Police reported that Herrmann had been speeding before the crash, but it was not evident as to whether he was wearing a seatbelt.
According to Florida Statute 316.183, all drivers are required to drive at a speed that is reasonable and prudent in accordance with road and weather conditions.
The statute goes on to say that driver's are expected to use precautions when:
1. Approaching and crossing an intersection or railway grade crossing;
2. Approaching and going around a curve;
3. Approaching a hill crest;
4. Traveling upon any narrow or winding roadway; and
5. Any special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions
Conversely, the law further states that drivers may be cited when driving too slowly. It states that nobody is to drive at such a slow speed that he/she is impeding or blocking the normal, reasonable flow of traffic.
According to Florida Statute 322.27, one's driver's license may be suspended if there is sufficient evidence that the person has caused death or personal injury to another person, or property damage in excess of $500.
Finally, as many of us know, there is an established point system which mandates license suspension, for up to one year, once a certain number of points have been accumulated.
Here's how the point system works:
1. When a licensee accumulates 12 points within a 12-month period, the period of suspension shall be for not more than 30 days.
2. When a licensee accumulates 18 points, including points upon which suspension action is taken under paragraph (a), within an 18-month period, the suspension shall be for a period of not more than 3 months.
3. When a licensee accumulates 24 points, including points upon which suspension action is taken under paragraphs (a) and (b), within a 36-month period, the suspension shall be for a period of no more than 1 year.
4. The point system shall have as its basic element a graduated scale of points assigning relative values to convictions of certain violations.
In my practice as a personal injury attorney in Polk County, Florida, I have represented many automobile accident victims who have sustained serious injuries as a result of another driver's failure to exercise due care while driving. While speed limits are to be obeyed, Florida law further requires driver's act reasonably under the circumstances. For example, heavy rain or fog may require reduced speeds despite the posted speed limit. As such, it is important to note that just because drivers are permitted to drive up to the speed limit does not mean they ought to.
