Lake Wales Bicycle Accident Fatality

News Events

Albert Tillman died as a result of a car accident on State Road 60 going eastbound in Lake Wales.  Tillman was 67 years old.  The Ledger reports that Tillman was walking his bicycle in the outside lane of SR60 when he was struck by Sabrina Stewart at approximately 10:50 a.m.  Stewart stated to police that she was looking over her shoulder in preparation to change lanes when she turned back too late to avoid the impact.

Driver Probably Should Have Been Able To See Bicycle

There is no sidewalk or bike shoulder where this accident occurred.  According to the law, Mr. Tillman should have been walking his bicycle on the westbound side of the road as opposed to the eastbound side.  Regardless of which was he was going, SR60 is not a friendly place for pedestrians or bicycles.  Realistically speaking, it would have been terrifying for Mr. Tillman to walk his bicycle facing the westbound traffic.

With that being said, the reason why Stewart was looking to change lanes is because Tillman was obstructing the flow of traffic.  Every car in front of her had made it around and, perhaps aggravated, Stewart was likely attempting to go around whatever was in her way before the impact.  It is unfortunate that what was in her way was Mr. Tillman.

A driver who is paying proper attention to the roadway would wait their turn, even if it comes at the expense of timing and position on the roadway.  The object causing a slow down on the roadway could have been anything.  Rather than being in a hurry to go around, she should have been aware of what was directly in front of her.

The Catch-All In The Law

This is another case where section 316.130(15), Florida Statutes applies.

(15) Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle…

This means that a driver is supposed to everything reasonable to avoid hitting a pedestrian, even if the pedestrian is doing something that they are not supposed to do.

Contact A Polk County Car Accident Attorney To Discuss Your Case

If you or someone you know has been injured in a Polk County, Florida car accident, please contact a car accident attorney in Polk County, Florida.  A consultation with us is free.



August 19, 2016