Interstate 95 stretches nearly the entire length of Florida and is one of the state’s major thoroughfares. Not only are Floridians traveling on I-95 on a daily basis, but many tourists also travel on I-95 whether they are vacationing in St. Augustine, Miami or any point in between. However, this means that I-95 will also see its fair share of auto accidents.
The Florida Highway Patrol reports that a man, age 57, was seriously injured after being hit by an SUV on I-95. The man was operating pickup truck with a ladder in it. The ladder fell out of his vehicle, so he exited his vehicle to retrieve the ladder. At this point, a 36-year-old woman also driving on I-95. She tried not to strike the man, but ultimately crashed into him. The woman was a trauma nurse, and remained at the scene of the accident, giving the man medical aid until he could be taken to an area medical center.
Under Florida’s “Good Samaritan Act,” if a person in good faith gives someone medical care in an emergency situation, and the person receiving aid does not object to it, the person providing medical care may not be civilly liable for any damages relating to the treatment. So, it is possible that if a motorist negligently strikes a pedestrian, that pedestrian may have a claim for damages relating to the accident under the laws of negligence. However, if the motorist rendered aid, one would need to determine whether the motorist would be immune from liability for any damages relating to the aid rendered.
These are complex legal questions, and this post cannot promise any certain outcome in a person’s case, including the recent auto-pedestrian accident reported on in this post. Legal quandaries such as these are best handled by professionals, who understand Florida laws on this topic and can apply them to the facts of their clients’ cases.