A Flagler County bicyclist struck from behind by a hit and run driver on Florida 100 in Bunnell died in the 6:15 a.m. accident Tuesday.
Alex R. Taylor, 54, of Bunnell, was westbound on the paved shoulder of 100 east of Utility Street when a westbound vehicle drifted off the road and something extending out from it apparently hit his head, according to the Florida Highway Patrol.
He was knocked off the bicycle and thrown 12 feet in front it in the accident. The driver of the other vehicle left the scene. No description of the vehicle was given by the Highway Patrol.
It’s unfortunate but true, pedestrian and bicyclist accidents are increasing in the state of Florida. In fact, almost 5,000 pedestrians are killed in traffic accidents every year. Many more pedestrians are seriously injured. In many cases, these accidents are caused by driver inattention and recklessness and are preventable.
Pedestrian accidents are both scary and life changing. Loss of the use of a limb and broken or dislocated limbs are also quite common in collisions involving a car and pedestrian. These injuries can cause a survivor to miss weeks of work.
The injuries themselves could require many months of physical therapy and result in years of pain. Unfortunately, many insurance companies are willing to pay only for the upfront costs of an injury — if that.
If you or someone you know has been injured in a bicycle or pedestrian accident, contact the law office of Casey Bryant, P.A. for immediate assistance.
A lot of people do not know much about the law and more specifically what constitutes probable cause. In the United States court system, probable cause is facts or evidence that would make a reasonable person believe that a crime or wrongdoing has been, is being, or will be committed.
In order for a lawful search and seizure to occur, a judge requires a law official to produce probable cause. If the judge sees the evidence as probable cause then he or she will issue a search warrant or a warrant of arrest. The constitution does not define what is probable cause. The judge has final say on what constitutes probable cause and what does not.
The constitution states that probable cause is based on oath and affirmation. Before a judge issues a warrant, probable cause must prove that a crime most likely happened at a certain place and at a certain time. Usually an affidavit (which is a written statement provided by police or a private citizen) satisfies these requirements. Police officers and private citizens write affidavits under oath so that there is a sense of security that what is being said is true.
All of the facts do not need to be known to establish probable cause in order to obtain a search or arrest warrant. There are some situations that a law official can search a person’s property without getting a search warrant first. There are a few situations where a search warrant is not needed before searching someone’s personal property and they are…a) when a person agrees to the search, b) if the search is necessary to the safety of the public, to prevent evidence from being destroyed, or c) a “hot pursuit.” Even though a search warrant is not needed in these types of situations, probable cause must be a reason why these situations would happen in the first place and it must be shown before or after they take place.
Probable cause is considered the good faith measure of catching criminals. For a police officer to act in good faith, he or she must have probably cause to search a person’s private property or make an arrest.