Menu
Call
Contact
Blog
  • Facebook
  • Twitter
  • LinkedIn
  • Youtube

Call for Free Consultation

Toll Free 866-769-0123

866-769-0123
Menu
Kaire & Heffernan
  • Facebook
  • Twitter
  • LinkedIn
  • Youtube
  • Firm Overview
    • Mark Kaire
    • David R. Heffernan
  • Practice Areas
    • Bicycle Accidents
    • Birth Injury
    • Construction Accident
    • Car Accidents
      • How Safe Is Your Miami Route?
    • Medical Malpractice
    • Motorcycle Accidents
    • Motel and Hotel Accidents
    • Negligent Security
    • Nursing Home Abuse
    • Pedestrian Accidents
    • Personal Injury
    • Premises Liability
    • Retinal Detachment
    • Spinal Cord Injury
    • Stroke Malpractice
    • Truck Accidents
    • Traumatic Brain Injury
    • Workers Compensation
    • Wrongful Death
  • Results
  • Testimonials
  • Media
  • Safety Reports
    • Aventura Hospital
    • Baptist Hospital of Miami
    • Doctors Hospital
    • Kendall Regional Medical Center
    • Mount Sinai Medical Center
    • North Shore Medical Center
    • Palmetto General Hospital
    • South Miami Hospital
    • University of Miami Hospital
  • Video FAQ
  • Blog
  • Español
  • Contact Us
  • Menu Menu
  • American Board of Trail Advocates
  • Best Lawyers
  • 9.6David Roy Heffernan
  • David R. Heffernan
    Rated by Super Lawyers


    loading ...
  • Million Dollar Advocates Form
  • Multi-Million Dollar Advocates Form
  • Florida Legal Elite
  • Top 100 Trial Lawyers
  • Top 100 Personal Injury Attorneys
left arrow right arrow

Bicyclist Killed In Davie By Pembroke Pines Police Officer

November 22, 2011/in Bike Accidents /by Mark Kaire

As if there are not enough Bicycle Accidents caused by distracted drivers, a cyclist was killed Monday Night by a police officer.

According to Davie police, an on-duty Pembroke Pines police detective struck and killed a bicyclist Monday night in Davie.

As reported by The Miami Herald, Police spokesman Capt. Dale Engle said the crash happened shortly after 9:15 p.m. when The Pines detective’s unmarked police cruiser was westbound in the 6600 block of Stirling Road, and struck the cyclist.

The bicyclist died at the scene.

Davie police did not say where the detective was going or why he was outside Pembroke Pines at the time of the crash.

As a Miami Bicycle Accident attorney, I have written on Florida’s 3 foot law on multiple occasions.

OVERTAKING AND PASSING A VEHICLE
[§§316.083, 316.085, & 366.0875]
The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the
left thereof at a safe distance and shall not again
drive to the right side of the roadway until safely
clear of the overtaken vehicle. A driver overtaking a
bicycle must maintain a horizontal clearance of at
least 3 feet [§316.083]. Three feet is a minimum
“safe distance” for passing a cyclist under typical
urban conditions; when the passing vehicle is large,
towing a trailer, or traveling at much higher speed,
greater lateral clearance is needed.
No vehicle shall be driven to the left side of the center
of the roadway in overtaking and passing another
vehicle proceeding in the same direction unless
the left side is clearly visible and free of oncoming
traffic for a sufficient distance ahead to permit passing
to be made without interfering with the operation
of any vehicle approaching from the opposite direction.
In every event an overtaking vehicle must
return to an authorized lane of travel as soon as
practicable and, in the event the passing movement
involves the use of a lane authorized for vehicles
approaching from the opposite direction, before
coming within 200 feet of any approaching vehicle

The prohibition of passing in a no-passing zone
does not apply when an obstruction exists making it
necessary to drive to the left of the center of the
highway [§316.0875(3)]. Thus, when a cyclist is
traveling so slowly as to constitute an “obstruction,”
a motorist may cross the center line in a no-passing
zone to pass the cyclist if the way is clear to do so,
i.e., when it can be seen that any oncoming traffic is
far enough ahead that the motorist could finish
passing before coming within 200 feet of an oncoming
vehicle.

About 1 percent of bicycle-motor vehicle crashes
involve motorists who misjudge the width or
length necessary to pass a cyclist. Close passing
causes some cyclists to “hug the curb,” or
ride on the sidewalk, where crash risk actually
increases.

Relatively few tickets have been written in deference to this law. It is Ironic that a Police Officer, the very people in charge of enforcing the 3 foot law failed to obey it.

In 2009, approximately, 630 bicyclists were killed in traffic fatalities, a number that is 2% of all the traffic fatalities for the year. Florida led the nation with 107 fatal bicycle accidents, followed by California with 99. The NHTSA data also shows that car accidents attributed to 51,000 injured bicyclists in 2009.

Mark Kaire

Mark Kaire has been practicing law in Miami for nearly 15 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for 4 years.

Share this entry
  • Share on WhatsApp

Do you have a case?

Get your question answered

Recent Posts

  • Miami Uber and Lyft Accident Lawyer
  • Miami Bicycle Accident Lawyer
  • Miami Nursing Home Negligence Lawyer
  • (no title)
  • Safety Tips During Holiday Shopping

Categories

  • Bike Accidents
  • Birth Injury
  • Car Accidents
  • Construction Accidents
  • Medical Malpractice
  • Negligent Security
  • News
  • Nursing Home Abuse
  • Personal Injury
  • Workers Compensation

How can we help?

Do you have a case?

Get your question answered
 

Kaire & Heffernan, LLC

999 Brickell Ave, PH 1102
Miami, FL 33131
Phone: 305-372-0123  
KaireHeffernan_map
  • Firm Overview
  • Practice Areas
  • Results
  • Testimonials
  • Video FAQ
  • Blog
  • Español
  • Contact Us
Copyright © 1999 - 2021. Kaire & Heffernan - All Rights Reserved. | Sitemap | Disclaimer
 
Back Injury Results in $10 Million Verdict New PSA Warns Teens About Dangers Of Distracted Driving