Commercial Van Runs Red Light
Cocoa, Florida. A commercial van going southbound on U.S. Highway 1 struck and killed Nathan William Vandegrift at the intersection of Peachtree Street. Witnesses said that the commercial van ran the red light. Vandegrift was crossing U.S. 1 eastbound from Peachtree Street when he was struck. Prior to passing, Vandegrift was reported to have suffered serious injuries and was transported to a hospital. The accident happened at approximately 8 a.m. Vandegrift was pronounced dead at approximately 4 p.m. Vandegrift was 31 years old.
While it is not known where Mr. Vandegrift was when he was hit, the crosswalk at this intersection is located on the north side of U.S. Highway 1 just past the stop bar where vehicles are supposed to stop at a red light. This makes for little time for a pedestrian to judge what a driver is going to do when compared to having the crosswalk at the far side of the intersection.
Section 316.130, Florida Statutes covers pedestrian traffic rules. The relevant portion of the statute is:
(7)(a) The driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
We assume that Mr. Vandegrift had a walk signal because the commercial van ran the red light. Under those circumstances, the driver of the van is negligent for running the red light and for striking the pedestrian in the crosswalk. These facts allow Mr. Vandegrift's death to be considered a wrongful death under Florida law. In addition to a no-fault death benefit, Mr. Vandegrift's estate or survivors have a right to sue the driver of the commercial van and the business for which he was driving. When an employee causes an accident in the course and scope of employment, the employer is legally responsible for the employee's conduct under the doctrine of respondeat superior. In addition, a commercial van is considered a dangerous instrumentality under Florida law and the owner or lessee of the van (likely the business owner) is legally responsible for the accident under that theory of law as well.
If you or someone you know has been involved in a Central Florida car accident involving serious injury or even death, please contact a car accident attorney in Central Florida for a free consultation.
