As a Broward car accident lawyer, one aspect of the law that I rarely venture into is the criminal arena. In most car accidents, the culpable party is often times cited with a traffic offense. Additionally, on rare occasions, the driver that is at fault is sometimes arrested and faced with criminal charges.
Back in 2007, a driver was arrested and charged with two counts of reckless second-degree murder and one count of aggravated battery for killing two construction workers. Those two workers had been performing construction on U.S. Highway 59. According to reports, a flagger had been on site to direct traffic through the zone, but the driver allegedly drove past the flagger and sped through the construction site. As a result, two construction workers were put in harms way and, unfortunately, the car traveling 51 mph through the construction site struck and killed the 30 year old and 24 year old.
Yesterday, the lawyer for that driver convicted in 2008 and sentenced to 26 years in prison argued that the state wrongfully imprisoned the woman. Her lawyer claims that during the trial the instructions given by the judge to the jury created a prejudice against the driver. Arguments will continue tomorrow in Douglas County District Court.
There are few guarantees in life, but in Florida, I can guarantee that a construction site is present on some roadway or highway, and that you will have to drive through the zone in order to get to where you want to go. As a result, the State of Florida and the Department of Transportation sets forth strict guidelines for operating a construction site when traffic is expected to pass through — as further illustrated in my post from August 28, 2012.
Thankfully, the State of Florida and the Department of Transportation takes construction site safety very seriously and enforces its rules and regulations in order to prevent injury to our construction workers and you, the public. Yet, drivers often feel that the lower speed limits handcuff them and force them to drive at a snails pace through a construction zone. The case mentioned above supports the fact that lowered speed limits and strict regulations for traveling through a construction zone are in place for a reason — to save lives.
If you or someone you know was injured in a car accident, please contact us today.
By: Brandon Stein