Bicyclist Killed In Davie By Pembroke Pines Police Officer

On Behalf of | Nov 22, 2011 | Bike Accidents

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.

[§§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

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

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 has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.