Posted On: April 5, 2010 by Balliro Seltzer

Investigators Confirm BSO Deputy Was Speeding Without Siren Before Fatal Crash

As Fort Lauderdale car crash attorneys, we have followed news updates about the death of a young woman in a crash with a Broward Sheriff’s Office deputy. Cara Catlin, 14, was killed in January as her stepsister, 21-year-old Heather Meyer, made a left turn from Dixie Highway. The vehicle that hit their Honda Civic was driven by a sheriff’s deputy who witnesses said was speeding, even though his lights and siren were not on. On April 1, the South Florida Sun-Sentinel reported that homicide investigators have confirmed this, calculating that Officer Frank McCurrie was driving at 89 mph when he entered the intersection at around 9:55 p.m. The posted speed limit at the area is 40 mph.

Using physical evidence like skid marks, accident reconstruction experts have determined that McCurrie was going 89 mph when he entered the intersection, while Meyer was going about 25 mph. BSO officials noted that McCurrie was not required to use his lights and siren at the time, because he was not responding to an emergency. He was traveling to back up another officer at a traffic stop. They also noted that McCurrie would have had the right of way, since he was proceeding straight through the intersection, while Meyer was making an unprotected left turn. The office wouldn’t say whether the department has a policy on travel speed for backup calls. McCurrie has not been charged with any crime, but he has been placed on desk duty, and Catlin’s death is being investigated as a homicide.

As West Palm Beach auto accident lawyers, we hope this investigation leads to any necessary changes in BSO policy, as well as justice for Catlin and her family. It’s true that left turners do not have the right of way, but it’s also undeniable that nobody expects opposing traffic to travel nearly 50 mph over the speed limit. If Meyer saw the deputy’s headlights, it would have been reasonable for her to assume the vehicle was being driven at or below the speed limit. By contrast, police sirens and lights would likely have warned her that she could expect the vehicle to be going above the speed limit. In fact, this is one of the reasons police cars have light bars and sirens. Police officers have extra privileges because of their job, but they also have a responsibility to use that privilege wisely. That includes avoiding negligent behavior that can cause a preventable tragedy.

Because the investigation is ongoing, it’s not clear whether McCurrie will face criminal charges. But even in cases where no charges are ever filed, families of people killed by clear negligence can seek justice through a car accident lawsuit, with help from Law offices of Sebastian John Balliro, P.A.. Our Miami-Dade car wreck attorneys represent people throughout Florida who have suffered a serious injury or a wrongful death because of someone else’s illegal or careless behavior behind the wheel. That includes the actions of law enforcement officers and other government employees. Florida law gives each of us a legal responsibility to take reasonable care while driving. When drivers fail to do that, they may be held legally responsible for the injuries, financial costs and emotional trauma suffered by victims and their families.

If you’re considering a car accident claim and you’d like to learn more about your options, Balliro can help. To set up a free consultation, please contact us through the Internet or call 1-866-INJURED toll-free from anywhere in Florida.

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