A 67 year old man was killed recently by a police cruiser while crossing the street. The officer driving was on his way to the precinct to begin his day of duty when the accident occurred, and the cruiser was marked. According to a report filed by the Miami Herald:
“Authorities say a Miami-Dade police officer struck and killed a pedestrian as the man crossed a street with his wife.
The accident happened on Saturday in Florida City, just south of Homestead. The victim is identified as 67-year-old Jose Munoz. The name of the officer has not been released.
In a statement released Tuesday, the Miami-Dade Police Department said the officer was reporting to duty in a marked police vehicle at the time of the crash, but speed was not a factor.
Witnesses told police they advised Munoz not to cross the street because there was a car approaching. Munoz was walking ahead of his family when he was struck by the police cruiser.”
There are at least two different ways to look at this situation from a legal standpoint. One is that Munoz was clearly warned and ignored those warnings, thereby assuming the risk of the situation. Another is that the driver of the police cruiser should have driven more defensively and avoided Munoz. Finally, both of these possibilities could be true, meaning that a jury would have to decide which party was more negligent.
Additionally, filing a legal claim against a public entity such as a city or county is quite complicated for someone who does not have an extensive legal background. If you need the help of a Homestead auto accident attorney, contact the firm of Bernstein & Maryanoff to schedule a free initial consultation, as the attorneys at the firm have decades of collective experience.
Fri, Apr 24, 2009
Auto Accident