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Construction Worker Painting Lines Hit, Killed By SUV

By Eddie Farah

People who work on our roads often wear brightly colored neon vests and helmets. That is what 37-year-old Cary Fraser was wearing, but it didn't help him to be more visible to a driver of an SUV Tuesday morning.

The Nissan Xterra, driven by 42-year-old Michael O'Hara stopped after hitting Fraser, but it was too late, he died at the scene. This accident happened around 11 a.m. when visibility should not have been a problem. Fraser worked for Superior Construction and was painting stripes on the J. Turner Butler Boulevard ramp to I-95 north when he was hit.

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. Co-workers blog on channel 4 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.

Fraser and his wife had just moved into their Southside apartment two weeks ago. FHP investigators say the driver of the SUV stopped afterward, but what exactly happened that led to this accident remains under investigation. Ultimately charges could be filed.

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 honking horns and a driver even spit on his car when he slowed around a construction site.

The American Automobile Association reports somewhere between 25 to 50 percent of all motor vehicle crashes have a distracted driver as their root cause.

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

"(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 movements 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."

If we want better roads, this project was part of the $14 million Better Jacksonvile Plan, we need to respect those who make it happen.

Originally posted at InjuryBoard by Eddie Farah

Full post as published by Jacksonville Personal Injury Lawyer on August 12, 2009 (boomark / email).