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March 3, 2015

Often, after an accident, it can be difficult to prove who was at fault. When a pedestrian is involved, the accident can cause serious injuries. But leaving the scene of an accident is never a good idea, and it’s against the law.

On December 2nd, a Tampa Bay high school senior was visiting Tallahassee, Florida for a Florida State football game. Jacqueline Faircloth, 18, wanted to cross West Pensacola Street just east of Gray Street. Her brother was on the other side of the street, and Jacqueline was meeting up with him.

For some unknown reason, she stepped into the street right in front of a 2005 Ford F-150. The truck was driven by 20-year-old Tallahassee resident Devon Dwyer. The truck struck Jacqueline, and she flew onto the hood of the vehicle and hit the windshield.

Devon said he panicked after the accident. Devon and a passenger in the vehicle had just left Pot Belly’s bar on College Avenue. Devon, according to media reports, yelled at the passenger and said the accident was not his fault. He said he had looked down momentarily at his phone, and Jacqueline had walked in front of the truck. He had no time to react.

Jacqueline was transported to Tallahassee Memorial Heath Care. She suffered a serious head trauma and injuries to her chest, jaw and eardrum. She was placed in a medically induced coma and now faces months of rehabilitation.

Devon wanted to hide the truck, and eventually parked the vehicle at a residence. He and the passenger argued about why the truck needed to be hidden. The passenger told Devon that he should contact authorities and turn himself in.

The following day the passenger contacted an attorney. The attorney told the police the identity of the driver of the truck. Police located Devon at a residence and found the truck, which had damage to the driver’s side mirror and a cracked windshield, matching the description by witnesses. Devon spoke with authorities and was charged with hit and run involving an injury. It’s illegal to leave the scene of an accident in Florida.

It’s unclear if Devon faces more charges from the accident. Authorities have said the investigation into the accident continues.

If you or a loved one has been injured in an automobile accident, contact James O. Cunningham immediately at 386-243-4994 for a free initial consultation.

James O. Cunningham

Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.

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