Posted On: August 28, 2009 by Jacksonville Personal Injury Attorney

Construction Worker Killed at I-95

A construction worker was hit and killed by a motorist driving an SUV Tuesday morning.

A 37-year-old died at the scene. The Nissan Xterra was driven by a 42-year-old man who stopped, but it was too late. This Florida car accident and work accident happened around 11 a.m. when visibility should not have been a problem. Fraser worked for Superior Construction and was painting strikes on the J. Turner Butler Boulevard ramp to I-95 North when he was hit.

Co-workers say 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. 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.

Exactly what happened is unclear and it is possible the Florida Highway Patrol could file charges.

Excessive speed would be the first thing to consider in this kind of auto accident in Florida. 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 horns honking and a driver even spit on his car when he slowed around a construction site.

Was the driver distracted? The American Automobile Association reports somewhere between 25 to 50 percent of all motor vehicle crashes have a distracted driver as their root cause and the National Highway Traffic Safety Administration reports there were 37,313 traffic fatalities last year.

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

  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 improvements 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."

Bottom line- Slow down in the presence of any highway construction. You might save a life and getting somewhere five minutes earlier is not worth ruining yours.

At Farah and Farah, our dedicated and skilled Florida workers’ compensation attorneys have been helping those injured on the job get financial compensation for their injury and the inevitable medical bills, physical therapy, and loss of wages from time off work recovering that typically results. For more information regarding workers’ compensation in Florida, contact Farah and Farah today for a free consultation.