According to The Tampa Bay Times, the driver was preparing to load up the last of the three cars when a brand new Honda Ridgeline truck came barreling toward him. The truck slammed into the shoulder, struck the worker and his truck. Investigators say the 44-year-old driver of that Ridgeline was intoxicated, and admitted to driving drunk. Victim died at the scene. Authorities arrested the suspected drunk driver on charges of DUI manslaughter. Decedent was survived by a wife and 11-year-old daughter.

Tow truck drivers have a notoriously dangerous job. Earlier this year, also in the Tampa area, a 36-year-old woman was arrested for allegedly hitting a tow truck driver on the Howard Franklin Bridge in February, leaving him there to die alone. The tow truck driver had been out that night and stopped around 2:20 a.m. to assist two stranded motorists. He was a married, 43-year-old father. The suspect was arrested days later, telling authorities she knew she’d hit someone, but was too afraid to stop and help. Investigators say she has a long history of DUI arrests and convictions.

Our experienced Miami drunk driving accident lawyers know that impaired drivers are one of the main threats to road workers and emergency responders on the highway. That and speeding motorists – particularly in construction zone – are a major hazard. That’s one of the reasons the state passed a “Move Over Law,” codified in F.S. 316.126 that requires any motorist approaching an authorized emergency vehicle (including tow trucks, and in addition to utility service vehicles, sanitation  vehicles and wreckers) to vacate the lane closest to that vehicle.

Since 2010, all 50 states (but not the District of Columbia) have some type of move-over law, and 44 of those have approved new measures or improved existing laws since that time.

Yet these type of accidents still occur far too frequently.

The Emergency Responder Safety Institute reports an average of six-to-eight fire rescue and EMS workers are killed in or near moving traffic annually. The same goes for 10 to 12 police officers, as well as 50 tow truck operators. It’s not clear how many of those are struck due to move-over violations or how many are related to other offenses.

Others who work on or along the highway are extremely vulnerable too. Vehicles are typically driving past at high speeds and there is often no barrier between the workers and the roadway. The U.S. Department of Transportation (DOT) reports in 2013, there were almost 68,000 crashes that occurred in work zones. Although most of those don’t result in a fatality, 15 percent resulted in a possible injury, 9 percent in a non-incapacitating injury, 2.5 percent in an incapacitating injury and 0.4 percent in a fatal injury.

In many cases, an experienced injury attorney can help grieving families obtain the compensation they deserve, both through workers’ compensation claims and third-party litigation of others who may be responsible.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Troopers: Tow truck driver hit, killed by drunk driver on I-75, Oct. 9, 2016, Fox 13 News

More Blog Entries:

Restaurant Forfeits Liquor License After Over-Serving Driver, Aug. 2, 2016, Miami Drunk Driving Accident Lawyer Blog

http://www.tallahassee.com/videos/news/local/2014/05/15/9124597/

Jameis is the quarterback for Florida State and also plays on the baseball team.  He was suspended from the baseball team already due to the incident.  A theft charge can affect a person in more drastic and life-altering ways that just missing a few of their baseball games.  It can cost someone arrested for Petit Theft their job, a place to live, and their reputation.  If your theft charge is not handled correctly by an experienced theft attorney, the arrest can haunt them for the rest of their lives.

Another huge mistake Mr. Winston made was by talking to the police, media, and store security.  Mr. Winston allegedly stated that he “forgot” he had the crab legs with him because he was being mobbed by fans seeking autographs.  The video clearly shows this did not occur and now he has even less credibility than he had before he spoke.

ALWAYS TALK TO A CRIMINAL DEFENSE ATTORNEY BEFORE SPEAKING TO THE POLICE OR STORE SECURITY!

Store security has rights under Florida law to detain you, but you are NOT required to make a statement to them about any incident.  Many times, the police will arrive and my clients tell me “The police officer said that if I told them what I did, the officer would not arrest me and would only give me a Notice to Appear at a court date.”  Not being arrested has a number of benefits.  The biggest benefit is not having your mugshot on the Sheriff’s webpage or those private websites that try to profit off people’s arrests.  Also, not having to bond out of jail saves you time and money.  However, it may cost you a defense you may have had to the theft charge.  In Mr. Winston’s case, his statement probably would not have mattered in his case because the video will be sufficient proof.  However, it will hurt his credibility with the court and prosecutor when he attempts to express remorse or take responsibility for his actions and could cost him a chance to get into a diversion program so that the criminal charges end up being dismissed.

Protect your reputation and good name against background searches! Call me now to learn about defenses and options to resolve your Petit Theft, Grand Theft, or Shoplifting case.

 CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

Thomas C. Grajek  863-688-4606

Criminal defense lawyer handling all felony and misdemeanor theft cases including Scheme to Defraud, Grand Theft, Petit Theft, Petty Theft, and Shoplifting.

What does it mean to be “cited”?  Many people (usually those that are not Florida State fans) are wondering why he wasn’t arrested and booked into the jail.  The majority of the time a suspect is accused of shoplifting, they are NOT arrested, but instead are issued a “Notice to Appear” at a future court date. This is especially true if the person has no prior record and cooperates with the police.  A “notice to Appear” is basically an order that the accused person appear at a future court date to answer to the criminal charge.  If the person does not appear at this court date called an “Arraignment”, a warrant will be issued for their arrest and the person will be arrested and booked into the jail.

This case will probably be resolved through a diversion program.  A diversion program is often offered to 1st time offenders and results in the criminal charge being dropped as long as the defendant successfully completes the diversion program.  The person does not enter a plea to the charge and is not put on probation.  Usually there is a theft class to take, a fine, and some community service hours.  If the charge is dropped, the person can expunge their record so that it erases the information from the clerk’s website and “unarrests” the person.  Being issued a “Notice to Appear” is in effect the same as being arrested.

Today, with the internet and background searches, it is very important that a person keeps their record clean and seals or expunges their arrest if they are eligible.  An arrest, especially one involving a crime of dishonesty, can cause a person to lose their job or not be able to rent an apartment.

If you have been arrested it is very important that you call an experienced criminal defense attorney that knows about these diversion programs and how to keep your criminal record clean.  The consultation is free so you do not have an excuse to call and get more information about your arrest!

CALL NOW AND SPEAK TO AN EXPERIENCED CRIMINAL DEFENSE LAWYER.

FREE OFFICE CONSULTATION 

Thomas C. Grajek  863-688-4606

Polk County criminal defense lawyer handling all felony and misdemeanor theft cases including scheme to Defraud, Grand Theft,

Petit Theft, Petty Theft, and Shoplifting.