Hit-and-runs a continuing problem in Lee County

Florida Weekly 'Outdoors' column, February 12, 2020
danMOSER
bikepedmoser@gmail.com

Frequent walkers, runners and bike riders are considered vulnerable users of our public rights of way because of the lack of protection offered by those drivers of motor vehicles.

Like anyone navigating traffic, we must be extremely mindful of our own actions as well as anticipate the behavior of others. But besides being significantly more vulnerable when not traveling within a motor vehicle, another major difference is that using human power to get around is a right versus the privilege of operating a motor vehicle, a privilege that requires substantial responsibility. Rendering aid and staying at the scene of a crash with injuries or fatalities is not just morally appropriate but it’s also the legal responsibility of all motorists.

In 2014, the penalties for not doing so were significantly increased in order to further convince drivers to comply.

The Aaron Cohen Life Protection Act (Florida Statute 316.027) imposes a mandatory minimum prison sentence of four years to 30 years, as well as a $10,000 fine for a driver convicted of leaving the scene of a crash resulting in a fatality. Penalties for leaving crashes involving injuries and property damage were also increased.

Dan Moser is a long-time bicycle/pedestrian
advocate and traffic safety professional
who cycles, runs and walks regularly for
transportation, recreation and  fitness.
Contact him at bikepedmoser@gmail.com
and 239-334-6417.

Unfortunately — and inexplicably — this change has only resulted in hit and runs increasing throughout Florida back to pre-recession levels after having decreased each year until 2014. According to an NBC-2 story broadcast/published on Nov. 24 last year, between Jan. 1 and Nov. 24 of 2019 the Lee County Sheriff’s Office responded to 1,448 hit-and-run crashes, the Cape Coral Police Department to 608, and the Fort Myers Police Department to 107. The Florida Highway Patrol did not have 2019 statistics but reported responding to 3,000 in 2018, according to NBC- 2. Your guess is as good as mine as to why more people involved in crashes are deciding to leave the scene.

Although I was unable to find accurate accounting of hit-and-run crashes involving pedestrians and those on bikes, it’s clear to me that fatalities among nonmotorists in those incidents represent a higher rate than others, even considering that our overall bike/pedestrian fatality rate as a percentage of all crashes is always higher than the national average of 15-20%; Lee County is routinely at 25-30%. As of the writing of this column the three bike/pedestrian fatalities that have occurred so far in 2020 were all hit-and-runs, so it looks like the upward trend will continue, at least in our part of the state.

Freddie Santiago’s son, Patrick, was struck by a motor vehicle and left to die in the early morning hours of Sunday, Feb. 24, 2019, as he walked home from work. The homicide occurred in North Fort Myers on Beau Drive, a short street that runs parallel to U.S. 41 between Hancock Bridge Parkway and North Key Drive. Freddie has been doing as much detective work as he can to help find his son’s killer but he’s also looking to raise awareness of the impact hit-and-run crashes have on others and our community.

To that end he’s hosting an awareness rally on Saturday, March 7, beginning at 4 p.m. on Beau Drive behind the new RaceTrac gas station near the site where Patrick was found. Freddie would like anyone who’s concerned or has been affected by hit-and-run crashes, whether it involved a pedestrian, person on a bike, or motorist, to take part. For more information about the event, call Freddie Santiago at 717-303-4445 or e-mail pi1stclass@aol.com. If you have any information about Patrick’s death, call 800-780- TIPS (8477) and be eligible for up to a $10,000 reward.

To learn about this topic and more, visit bikewalklee.blogspot.com and www.streetsaliveswfl.org.¦


For Lee County cycling and tri events visit Caloosa Riders Bicycle Club (caloosariders.org); Florida Mudcutters (mudcutters.org); and SW Florida Biking Meetup Group (meetup.com/Biking-SWFL). The Florida Bicycle Association (floridabicycle.org) is your source for statewide happenings. BikeWalkLee’s blog site has all the information you’ll need to stay abreast of advocacy efforts in Southwest Florida as well as statewide and nationally.

Florida Launches Hit-and-Run 'Bad to Worse' Campaign

 Multiple Florida law enforcement agencies and their partners came together Feb. 15th to launch a statewide campaign to combat the growing number of hit-and-run crashes. This campaign is particularly important for walkers and cyclists, since they are the disproportionate number of victims. There should be "zero tolerance" for hit-and-run drivers. Also see: News-Press 2/15/16 : Florida hit-and-run crash totals go from bad to worse
 

Florida has seen the amount Hit and Run crashes remain steady over the years. Although the majority of Hit and Run crashes only result in property damage, more than 180 people were killed in hit and run crashes in 2015.* The DHSMV Florida Highway Patrol partners with the Florida Sheriffs Association, the Florida Police Chiefs Association, Students Against Destructive Decisions and the Florida Department of Transportation to combat the problem. The “Bad to Worse” campaign aims to reduce the number of hit and run crashes in Florida by educating drivers on their responsibilities if involved in a crash and the consequences they face if they leave a crash scene.

 A few hit and run facts for Florida*:

• In 2015, there were more than 92,000 hit and run crashes in Florida.
• Of those, the Florida Highway Patrol worked more than 23,000.
• Each year the percent of hit and run crashes stays steady, which means the problem of people fleeing the scene isn’t getting better.
• There were more than 19,000 injuries resulting from hit and run crashes, with over 1,200 of those involving serious bodily injury.
• Vulnerable road users are particularly at risk. In fact, there were 186 hit and run fatalities in 2015, over half of which were pedestrians.
• Approximately one out of every four pedestrian crashes resulted in the driver leaving the scene. 
•  Statewide in 2015 there were 2200 hit and run crashes involving a pedestrian...with 84 of them dying.
•  Last year 17% of all pedestrian fatalities involved a hit and run.
• Bicyclists make up approximately 12% of hit and run fatalities (down from 16% in 2013)
• In Lee County hit-and-runs involving cyclists or pedestrians totaled 100 in 2015, one more than in 2014.
• In Collier County bike/ped-related hit-and-run crashes totaled 33 in 2015; 36 in 2014. 

* Note: All 2015 data is considered preliminary, based on data available  as of 1/8/2016.  Note: data for the last five bullets above came from FHP's Lt. Greg Bueno

Data provided by FHP's Lt. Greg Bueno 2/15/16

News-Press 2/15/16 : Florida hit-and-run crash totals go from bad to worse

Click here to read the full FHSMV press release. 

BikeWalkLee Blog 2/16/15: Florida Highway Patrol launches hit-and-run awareness campaign

Paths of peril: Joe Scott Nichols

News-Press Sunday 3/8/15 Bike Safety Feature: Paths of peril

Janine Zeitlin, Melanie Payne and Laura Ruane jzeitlin@news-press.com, mpayne@news-press.com, lruane@news-press.com

Each Southwest Florida bike death is a different, heartbreaking story...this is Joel Scott Nichols' story.

Joel Scott Nichols, 27

Crash date: Feb. 1, 2015

Branden Walsh, left, with his 27-year-old brother Joel Nichols. Nichols was killed in a hit-and-run while riding his bicycle Feb. 1 in Cape Coral. Nichols was struck around 8 p.m. but was not discovered until after 7 a.m. due to poor lighting, according to Cape police. (Photo: Courtesy of Branden Walsh)

Branden Walsh nearly cut his little brother's umbilical cord. Not really, but it felt that way. He changed his diapers. He taught him to swim, hike and skateboard. When Joel developed a stutter, Walsh coached his brother, 10 years younger, to relax. Concentrate. Slow down.

"Everything a dad would do for his kid," said Walsh, 37.

About 10 years ago, Walsh and Joel Nichols moved here after coming for vacation and deciding to stay, lured by well-worn dreams of a living in paradise. "Joel didn't really care as long as we were here together."

Nichols stayed in Cape Coral, where their mother had a home. Walsh moved to Naples, where he works as a chef. Nichols became a pizza cook, working two part-time jobs. In his down time, he played guitar. He dedicated a song to his mother on YouTube posted under "Joel the Rocker." Walsh liked to hear him play Johnny Cash's "Folsom Prison Blues."

On Sunday, Feb. 1 around 8 p.m., Nichols was pedaling home from work when he was hit on northeast Pine Island Road. His body wasn't found until 11 hours later. By then, he was dead. Police said poor lighting contributed to the lag that gnaws at his brother.

"I bet you 80 percent of this accident could have been prevented with proper walkways, proper lights and proper bike lanes," Walsh said.

The evening after Nichols was struck, Cape police found a damaged, Dodge Ram pickup a witness had described at the home of 48-year-old Timothy Wayne Turner. He told police he was the driver. He was arrested on a charge of hit-and-run causing death.

Related: Driver arrested in Cape Coral hit-and-run fatality

Walsh feels like he lost a best friend, brother and child.

"We're still not ready to cope with it and we're just trying not to, which I know is not the right way, but the only way I know how."

Paths of peril: Todd Snyder

News-Press Sunday 3/8/15 Bike Safety Feature: Paths of peril

Janine Zeitlin, Melanie Payne and Laura Ruane jzeitlin@news-press.com, mpayne@news-press.com, lruane@news-press.com

Each Southwest Florida bike death is a different, heartbreaking story...this is Todd Snyder's story.

Todd Snyder, 45

Crash date: Nov. 7, 2014

Todd Snyder had been a cowboy in California. Ranching was a fitting job for a man who preferred to be outdoors. He was a mechanic by trade. When work dried up, he returned to live with his mother, Barbara Snyder, in Lehigh Acres. On a Friday, Snyder rode his sister's old bike to a high school football game. Lehigh was playing Riverdale, his Alma mater.

Todd Snyder loved to fish and be outdoors. He was killed in a hit-and-run while riding his bicycle at night last year.
(Photo: photo provided by family of Todd Snyder)

Early the next morning, Barbara's phone rang. She worried. The phone doesn't ring at 3:30 a.m. with good news. She was an emergency contact, the person on the line said, but didn't say for whom.

Related: FHP seeks tips in fatal hit-and-run of bicyclist

Ten minutes later, her body trembling and dressed in a robe, she opened the door to a stranger.

"Do you know Charles Todd Snyder?"

"Yes," she said. "He's my son."

"We're sorry to inform you he's been killed in a traffic accident."

Snyder was hit Nov. 7 around 11:10 p.m. along Sunshine Boulevard in Lehigh Acres. He didn't have lights on his bike, but his mother doesn't know if that would have made a difference because of the speed people drive there. She'd like more drivers to watch for bikes, and more bicyclists to use lights, which are legally required at night.

A week after his death, his family, including his 17- and 20-year-old sons, placed a white memorial ghost bike where he was killed. He also had a sister and three brothers.

Florida Highway Patrol is still searching for the driver. The vehicle was described as a red, mid-to-late 1990s General Motors car, maybe a Camaro, with white stripes. Troopers think the car may have specialty rims, tinted windows and frequents Lehigh Acres.

Related: With hit and runs on the rise, agencies increase awareness

Court: Fla. must prove hit-and-run drivers knew about crash

Last year the Florida Legislature passed the Aaron Cohen hit-and-run law (named after a Miami cyclist who was killed by a hit-and-run driver), strengthening the penalties.  This year FHP has been pursuing enforcement of these cases, and just two weeks ago launched an awareness campaign, which we applauded in our blog.  Now the Florida Supreme Court has issued a ruling that represents a setback for enforcement of hit-and-run cases, requiring proof that the driver knew they had hit someone. As the parent of the victim stated, "This allows everyone to flee the scene and use that as an excuse and say, 'Wow, I didn't know I was in a crash.'" Below is the article about the court decision.

Court: Fla. must prove hit-and-run drivers knew about crash

By GARY FINEOUT

Feb. 27, 2015

TALLAHASSEE, Fla. (AP) - Drivers in Florida can't be prosecuted for leaving the scene of an accident unless there is proof they knew they were in a crash.

The Florida Supreme Court on Thursday unanimously agreed with a lower court's decision to throw out the conviction of a South Florida man charged after he hit a skateboarder while driving in the rain.

Zachariah Dorsett was driving his truck down Florida's famed A1A highway in Boca Raton when he struck a then-15-year-old skateboarder who had fallen into the crosswalk.

Dorsett maintained that he did not know he had hit Nicholas Savinon when he was pulled over by police about 3 miles from the accident.

There was no evidence of damage to the truck, braking or any skid marks in the 2007 accident. Dorsett, who was not under the influence of alcohol or drugs, said he had his radio, windshield wipers and air conditioning on at the time.

Savinon was dragged nearly 90 feet under his truck. One witness testified seeing the truck back tire go up and down over Savinon, while another saw the skateboard get spit out from underneath the truck and split in two.

A jury convicted Dorsett of leaving the scene of a crash that caused an injury. He was sentenced to two years in prison. An appeals court in 2013, however, overturned the decision and ordered a new trial because jurors were never asked to decide whether they thought Dorsett knew he had been involved in an accident.

The state Supreme Court in its ruling sided with the appeals court. In the decision, Justice Charles Canady wrote that felony convictions require proof that someone "willfully" broke the law and knew what they were doing.

"The state must prove beyond a reasonable doubt that the driver had actual knowledge of the crash, an essential element of the crime of leaving the scene of a crash," Canady wrote.

Michael Savinon, the father of Nicholas Savinon, said the decision means that other hit-and-run drivers in the state may be able to get away with the crime in the future.

"This allows everyone to flee the scene and use that as an excuse and say, 'Wow, I didn't know I was in a crash,'" Savinon said.

Nicholas Savinon, who is now 22, had a traumatic brain injury as a result of the accident and spent weeks in a coma. His mother, Lydia Savinon, said he still lives at home with his parents and just recently began working at a Publix grocery store.

She said she remains convinced that Dorsett did know that he hit her son.

"In my opinion, there's no way he couldn't have known," Savinon said.

The ruling by the court means that the case could wind its way back to prosecutors in Palm Beach County. An assistant state attorney said Thursday that until the case is officially remanded back to them they cannot decide whether they will push for a new trial.

Questions about the case were emailed to Dorsett's attorney, but she said she could not comment until she had spoken first to her client.

Lydia and Michael Savinon said they are more concerned now about taking care of their son instead of focusing on whether Dorsett is charged again.

"We're surviving," said Michael Savinon. "Our whole focus as parents is just to help him be part of our family."

Florida Highway Patrol launches hit-and-run awareness campaign

Today FHP held a press conference to launch an awareness campaign to address the increasing number of hit-and-run crashes in Florida.  Between 2012 and 2014, cases of hit-and-run collisions in Lee County increased by 50 percent, and we know that a disproportionate number of the victims are pedestrians and cyclists.  As a society, there should be zero tolerance for drivers who hit and run.

 

News-Press 2/16/15
by Michael Braun:  With hit and runs on the rise, agencies increase awareness

The pain clearly stays with the families of those killed in a hit and run crash.

"My life got pulled out from under me," said Lesley Colantonio, wife of Richard Colantonio, who was killed in a hit and run crash on I-75 in January. "I'm hoping that someone saw something."

"Its hard to go through holidays and birthdays," said Misty Snyder, whose brother Charles was killed in a hit and run crash in November. "I don't think it is something that anyone becomes complete OK with."

Snyder and Colantonio were part of a concerted educational effort Monday by the Florida Highway Patrol and several area law enforcement agencies to educate to public on their responsibility in a crash.

"If you decide to leave the scene of a crash you make the situation worse," said Lt. Dennis Petraca of the Lee County Sheriff's Office. He added that it is a first degree felony if there is a death involved and a third degree felony if injury is involved, in these types of crashes.

Lt. Greg Bueno of the FHP said a change in the law in October made the penalty more severe for hit and ruin crashes. "All motorists, pedestrians and bicyclists need to become educated in the law," he said.

The emphasis on hit and run crashes comes from their increasing numbers in the state.

Between 2012 and 2014, cases of hit-and-run collisions in Lee County increased by 50 percent. The increase in Collier County over the same period of time is 41 percent.

FHP Capt. Conner Cardwell said hit and run crashes in Florida rose from 72,000 in 2013 to 84,000 in 2014 with 25 percent of all crashes being the hit and run variety. He said that the answer to reducing the number of such crashes in Florida is through education.

"Working together we can reduce the number of hit and runs,"Cardwell said.



o 2014: Pedestrian

•  91 fatalities resulted from a hit and Run crashes (78 in 2013)

•  2,148 total hit and run crashes involved Pedestrians (2008 in 2013)

o 2014: Bicycle

• 24 fatalities resulted from Hit and Run crashes (25 in 2013)

• 1,215 hit and run crashes involved a Bicycle (1,217 in 2013)

o 2014: Motorcycle

• 22 fatalities resulted from hit and run crashes (19 in 2013) 
•  
• 1,148 hit and run crashes involved motorcycles (1,059 in 2013)

Commentary: Life protection act strengthens hit-and-run penalties

 In response to the increasing number of hit-and-run crashes that have injured or killed pedestrians or cyclists and a recent letter to the editor suggesting that new law was giving drivers an incentive to flee the scene, Jay Anderson (Executive Director of Just Drive...Stay Alive!,  vice-chair of the Lee County Community Traffic Safety Team (CTST), and BikeWalkLee partner) penned the following commentary to set the record straight.  Thank you, Jay!  Darla

News-Press Commentary: 12/20/14 By Jay Anderson

Dr. V. E. Delnore’s comment in a recent mailbag letter; “as legislators increase the penalties for hit-and-run drivers, those drivers will have even more incentive to flee the scene,” has me scratching my head.

The Florida Legislature enacted the Aaron Cohen Life Protection Act, amended Florida State Statute 316.027 (named for Miami cyclist who was killed by a hit and run driver in 2012), which strengthens the penalties for leaving the scene of a crash.

The law clearly states:
•The driver of a vehicle involved in a crash occurring on public or private property which results in injury to a person other than serious bodily injury shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who willfully violates this paragraph commits a felony of the third degree.

•The driver of a vehicle involved in a crash occurring on public or private property which results in serious bodily injury to a person shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who willfully violates this paragraph commits a felony of the second degree.

•The driver of a vehicle involved in a crash occurring on public or private property which results in the death of a person shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who is arrested for a violation of this paragraph and who has previously been convicted of a violation of this section, s. 316.061, s. 316.191, or s. 316.193, or a felony violation of s. 322.34, shall be held in custody until brought before the court for admittance to bail in accordance with chapter 903. A person who willfully violates this paragraph commits a felony of the first degree ... and shall be sentenced to a mandatory minimum term of imprisonment of 4 years. A person who willfully commits such a violation while driving under the influence ... shall be sentenced to a mandatory minimum term of imprisonment of 4 years.

There are also several other penalties such as restitution and suspension of driver’s license for three years.

The following quotes from our law enforcement community attest to the importance of adding another tool to their tool box.

•Springfield Police Chief Philip Thorne, president of the Florida Police Chiefs Association: “Florida’s police chiefs thank Governor Scott for signing this bill into law today. Florida will not tolerate those who leave the scene of a serious accident, and this law will give our law enforcement officers additional tools to combat this serious issue.”

Sheriff Grady Judd, President of the Florida Sheriffs Association: “The Florida Sheriffs Association supported SB 102; we do not want to encourage suspects to leave the scene of a crash because its penalty was greater than DUI Manslaughter. This law creates consistency among law violation penalties.”

Col. David Brierton, Director of the Florida Highway Patrol: “This law is intended to make people think twice before they leave the scene of a crash. By toughening penalties for hit and run drivers, Florida is sending a strong message to motorists to do the right thing and stay at a crash scene.”

Many motor vehicle operators overlook the fact we have traffic laws and view them as suggestions. That’s why driver’s speed, follow too closely and often drive distracted while blatantly disregarding the law. Same holds true for those who leave the scene of a crash. Law Enforcement Agencies and the State’s Attorney’s Office now have the ability to not only charge but convict those who violate this law.

Finally, in response to Dr. Delnore’s reference to calling for help (911), FSS 316.062 has always required a driver involved in a crash to render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.

Jay Anderson is the vice-chair of the Lee County Community Traffic Safety Team (CTST) and executive director of Stay Alive …. Just Drive! www.sajd.org.