A pedestrian was killed Tuesday night, August 11, 2009, in Lakeland, FL, while riding his bike along train tracks.
According to the Lakeland Leger, officials have yet to identify the victim and suspect him to be either homeless, or transient. The Lakeland, FL Police Department is currently searching areas where local homeless people gather in hopes of discovering his identity.
The Polk County, FL Fire and EMS, reported that the accident occurred about 10:30 p.m. at the intersection of 10th Street and Atline Road in Lakeland, FL, near the Kathleen Road and Memorial Boulevard overpass.
The victim was declared dead at the scene.
No foul play is suspected in the accident.
According to the National Highway Traffic Safety Administration (NHTSA), 28,970 pedestrian deaths and 465,000 pedestrian injuries occurred in the United States between 1990 and 1994. Florida totaled 2,625 pedestrian fatalities, which was 9% of all pedestrian fatalities in the United States total. Florida also accounted for 9% of all pedestrian injuries in the United States. During the same time period, there were 41,916 pedestrian injuries in Florida.
Interestingly, nearly 20% of all accident related fatalities in Florida involved pedestrians. Pedestrians also accounted for approximately 14% of all accident related injuries in the State of Florida.
According to the US Department of Transportation (DOT), about 5,800 vehicle train crashes occur each year in the United States, most occasionally at Railroad crossings. Annually, 600 people are killed in train crossing accidents, and 2,300 are injured. 50%, or more, of all fatal railroad accidents occur at crossings with passive or inadequate safety devices.
Pursuant to Florida Statute 768.18 of the Florida Wrongful Death Statute, wrongful death claims must be brought by the decedent's surviving spouse, children, parents, and other blood relatives. In this case, it is unfortunate that investigators have yet to determine the victim's identity. Worse, if the victim does not have any survivors, within the meaning of the statute, there may be no actionable wrongful death claim.
