Episode Description
In this episode of It’s No Accident, attorneys Jaeson Homola and Mark Nonni break down real-world cases involving pedestrian, bicycle, and e-bike accidents in Florida, where liability isn’t always as straightforward as it seems.
From a devastating collision with a semi-truck in a crosswalk to a college student injured on an e-scooter, they explain how right-of-way laws work and why drivers are often automatically considered negligent when hitting someone in a crosswalk or bike path. But as these cases unfold, insurance companies and defense attorneys often push back, arguing the victim wasn’t in the crosswalk, didn’t have the signal, or shouldn’t have been there at all.
The episode dives into what it really takes to prove fault, including uncovering critical evidence like dash cam footage, truck data, surveillance video, and even police body or cruiser cameras. They also share how a single piece of overlooked evidence can completely change the outcome of a case, and why acting quickly to preserve that evidence is crucial.
If you’ve been injured as a pedestrian, cyclist, or scooter rider, or simply want to understand your rights on Florida roads, this episode gives you a behind-the-scenes look at how these cases are investigated, fought, and ultimately won.
Episode Transcript
All right. One of the types of cases we frequently see involves car accidents, but also pedestrians and bicyclists—people crossing the street, walking on sidewalks, or riding regular bikes, e-bikes, and scooters.
I know you recently had a case involving someone on an e-bike who was hit by a truck. Do you want to talk about some of the issues in that case and how you handled it?
Yeah. I recently had a client who was going through a crosswalk down by College Town here in Tallahassee, and he was struck by a semi-truck. I also had another case come in involving a college student on a stand-up e-scooter. He was going through a crosswalk when another student didn’t see him and collided with him, knocking him off.
We see this a lot in Tallahassee—not only because it’s a college town, but also because of the warm weather. People are constantly riding bikes, scooters, or walking to class. These incidents happen more frequently around campus, but there are some key legal points worth discussing.
First, Tallahassee has a lot of bike paths and crosswalks. When you’re driving, you may not even notice the green bike lanes, especially downtown. Unfortunately, people get hit in those areas all the time. If you’re not paying attention and hit someone in a bike lane, you’re likely negligent—they have the right of way.
The same applies to crosswalks. If someone is crossing in a crosswalk with the proper signal, and you hit them, you’re almost certainly going to be found negligent. While there can be arguments about comparative negligence, it’s very difficult for a driver to argue that the pedestrian or bicyclist was at fault in that situation.
In my e-bike case, the client was in a crosswalk. The semi-truck driver was attempting to make a right-hand turn. Our client approached on the e-bike and was clearly visible in the driver’s mirror. When the light turned green, both the truck and our client began moving forward. The truck suddenly made a right turn and nearly ran him over.
Thankfully, the client was knocked off the bike rather than pulled under the truck, but his leg was injured and twisted, resulting in serious injuries.
After the incident, the defense began arguing that our client was crossing against the light, wasn’t in the crosswalk, and shouldn’t have been there. They also claimed the e-bike shouldn’t have been on the sidewalk.
So the question becomes: what can we do to protect our clients in situations like this? How do we gather evidence like truck data or video?
Exactly. Most commercial trucks, especially 18-wheelers, have onboard systems that can be downloaded for data. However, those systems are usually more helpful in vehicle-to-vehicle collisions. The impact often has to be significant to trigger data recording.
Some trucks also have in-cab cameras, which can be extremely helpful. These can show what the driver was doing—whether they were paying attention—and provide speed and movement data. However, not all companies use these systems.
Beyond that, one of the most important steps is gathering video from nearby businesses—convenience stores, hotels, or any location with security cameras. But you have to act quickly because many systems overwrite footage within 14 to 30 days, sometimes even sooner.
In this case, we were fortunate because the video actually came from a police officer who happened to be nearby.
That’s right. The truck involved was owned by a large, global company with advanced camera systems. When I contacted their attorney, he told me they had video—but only one angle, which appeared to show our client outside the crosswalk and possibly turning into the truck.
I suspected there was more to the story. I reviewed the crash report and noticed that an officer at the scene had witnessed the accident. I submitted a public records request to see if the officer’s dash cam had captured the incident.
Two weeks later, I received the footage—and it clearly showed everything. Our client was in the crosswalk, the truck driver appeared distracted, and the truck turned directly into him.
When I sent that video to the defense attorney, the tone of the conversation changed immediately. He said, “You got us—what will it take to resolve this?”
Without that footage, the case would have taken much longer and likely settled for less.
Exactly. That’s why it’s critical to explore every possible source of evidence. Police don’t always have time to canvass every nearby business, especially in non-catastrophic cases. So it’s often up to us to dig deeper.
When video isn’t available, we may need to rely on experts—like crash reconstruction specialists or traffic engineers. They can analyze traffic signal timing and intersection design to determine who had the right of way.
I had a case where a witness was making a left turn on a green arrow. Based on that, we were able to prove our client must have had a walk signal when she was hit. That kind of analysis can be crucial.
But bringing in experts takes time and money. That’s why video evidence remains the gold standard—especially in serious injury cases where the defense will challenge liability at every step.
Another trend we’re seeing is the rise of dash cams in personal vehicles.
Absolutely. Dash cams can be incredibly helpful. Even in cases with minimal vehicle damage, video can show the force of impact and how far a vehicle moved, which can make a big difference when negotiating with insurance adjusters.
We’re also seeing more built-in cameras in vehicles like Teslas. These systems often record continuously and can capture multiple angles. If someone involved in a crash has one, that footage can be invaluable.
Bottom line—having video can protect you. Whether it’s a dash cam or built-in system, it’s becoming one of the best tools available.
And if you’re hit by a commercial vehicle, your attorney should immediately send a preservation letter to secure any available data or video. If they’re not doing that, you need to insist on it—or find another attorney.
Exactly. Without a preservation letter, companies can legally overwrite or delete data under their normal policies. But once they’re put on notice, they’re required to preserve that evidence.
If they fail to do so after receiving notice, it can significantly hurt them in court. A judge may instruct the jury to assume the missing evidence would have been unfavorable to them.
Mark continued his studies at Florida State University College of Law, graduating cum laude in 2008. While in law school, Mark was a member of the Journal of Land Use & Environmental Law and the Journal of Transnational Law & Policy, as well as a certified legal intern with the FSU Public Interest Law Center, where he assisted low-income clients with a wide range of family law issues. He also served as a law clerk intern to The Honorable L. Clayton Roberts of Florida’s First District Court of Appeal.
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