Construction Worker Painting Lines Hit, Killed By SUV

Eddie Farah
Attorney
(866) 735-1102 Ext 415
Visit Eddie Farah on Avvo
Posted by Eddie FarahAugust 12, 2009 2:59 PM

People who work on our roads often wear brightly colored neon vests and helmets. That is what 37-year-old Cary Fraser was wearing, but it didn't help him to be more visible to a driver of an SUV Tuesday morning.

The Nissan Xterra, driven by 42-year-old Michael O’Hara stopped after hitting Fraser, but it was too late, he died at the scene. This accident happened around 11 a.m. when visibility should not have been a problem. Fraser worked for Superior Construction and was painting stripes on the J. Turner Butler Boulevard ramp to I-95 north when he was hit.

Our condolences go out to his wife and family for this senseless loss and to his team members for the loss of a valuable member. Co-workers blog on channel 4 that Fraser was very safety conscious and made sure everyone paid attention to their surroundings. It is people like Fraser who make our lives easier on the roads.

Fraser and his wife had just moved into their Southside apartment two weeks ago. FHP investigators say the driver of the SUV stopped afterward, but what exactly happened that led to this accident remains under investigation. Ultimately charges could be filed.

Drivers are known to travel at excessive speeds through the area. 70 to 80 miles per hour is not uncommon, even though construction zones generally have clearly marked “Reduce Speed” signs of 45 mph. One driver remarks that he faces honking horns and a driver even spit on his car when he slowed around a construction site.

The American Automobile Association reports somewhere between 25 to 50 percent of all motor vehicle crashes have a distracted driver as their root cause.

In Florida, the Legislature has enacted Florida Statute 316.079 - which essentially says drivers have a duty to yield to highway construction workers.

"(1) Every driver of a vehicle shall yield the right-of-way to a pedestrian worker and flagperson engaged in maintenance or construction work on a highway whenever the driver is reasonably and lawfully notified of the presence of such worker by a flagperson and a warning sign or device.

(2) Every driver of a vehicle on public roadways shall yield the right-of- way to an escort vehicle or pedestrian flagperson that is engaged in the management of highway movements of an oversized vehicle permitted pursuant to s.316.550, provided the driver is reasonably and lawfully notified of the presence of such vehicle or flagperson."

If we want better roads, this project was part of the $14 million Better Jacksonvile Plan, we need to respect those who make it happen.

0 Comments

Have an opinion about this post? Please consider leaving a comment or subscribing to the feed to have future articles delivered to your feed reader.

Comments for this article are closed.

Subscribe to InjuryBoard Jacksonville

InjuryBoard Jacksonville RSS Feeds

Keep up with the latest updates using your favorite RSS reader

Injury Board Jacksonville is brought to you by Farah & Farah

Legal Assistance Center

More Info
Farah & Farah (866) 735-1102 Ext 415 www.farahandfarah.com
google
Personal Injury Lawyers Serving: Jacksonville, St. Augustine, Fernandina Beach, Flagler Beach, Fruit Cove, Green Cove Springs, Jacksonville Beach, Lake City, Middleburg, Neptune Beach, Orange Park, Palm Valley, Starke, Atlantic Beach
10 West Adams Street, Jacksonville, Florida 32202 [ Show Map ]
Better Business Bureau Accredited Business Confidential

Your question will be referred to an attorney near you. If your question is of a legal nature, then by submitting this form you agree you are not forming a formal attorney / client relationship. Read our full privacy policy.

Looking for an InjuryBoard attorney closer to home? Click here.

Subscribe to Blog Updates

Enter your email address if you would like to receive email notifications when comments are made on this post.

Email address