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Man Hit and Killed Along State Road 528 in Cape Canaveral After Pickup Truck Veers Off Road: What We Know

Michael T. Flanagan, Esq.

A tragic crash on State Road 528 in Cape Canaveral claimed the life of a 56-year-old Kissimmee man on Friday morning, according to the Florida Highway Patrol. The collision forced a temporary closure of the eastbound right lane near mile marker 53, causing significant traffic delays as investigators worked the scene.

This fatal incident underscores how quickly roadside emergencies can turn deadly—and why Florida families deserve answers when a preventable tragedy occurs.

According to FHP:

  • The victim had pulled over on the shoulder of SR-528
  • He was reaching into an unoccupied SUV on the side of the roadway
  • A pickup truck driven by a 24-year-old Cape Canaveral man veered off the road
  • The truck struck both the victim and the SUV
  • The victim was transported to Cape Canaveral Hospital, where he was pronounced dead
  • The driver remained at the scene and was not injured

Troopers have not released the identity of the victim, and the investigation into what caused the driver to veer off the roadway is ongoing.

Fatalities involving people standing outside their vehicles have increased nationwide. Reasons include:

  • Distracted driving
  • Speeding or aggressive driving
  • Fatigue or impairment
  • Failure to move over or slow down near disabled vehicles
  • Sudden swerving or loss of control

Even when a vehicle is legally parked on the shoulder, nearby drivers have a duty to maintain control of their car and operate safely.

Under Florida Statute §316.126, drivers must:

  • Move over a lane for stopped vehicles with hazard lights, emergency lights, or disabled vehicles
  • If unable to move over, reduce speed to 20 mph below the posted limit

If investigators find the pickup driver failed to take reasonable precautions, civil liability may apply—even if criminal charges are not filed.

When a loved one is killed because a driver veered off the road, Florida law allows surviving family members to file a wrongful death claim. Compensation may be available for:

  • Funeral and burial costs
  • Medical treatment before death
  • Loss of financial support
  • Mental pain and suffering
  • Loss of companionship
  • Loss of parental guidance (if applicable)

Crucially, determining liability depends on a thorough investigation, which may include:

  • Driver cell phone records (possible distraction)
  • Vehicle “black box” data
  • Toxicology reports (if ordered)
  • Road conditions
  • Tire marks, impact points, and crash reconstruction
  • Witness statements and surveillance footage

Families should never have to navigate this process alone.

How Our Law Firm Helps After Fatal Crashes on SR-528 and Throughout Brevard County

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we intentionally limit our caseload so our attorneys can give each family the attention and time their case deserves. We handle:

  • Roadside collision wrongful death claims
  • Cases involving drivers who veered off the roadway
  • Crashes caused by distraction, fatigue, or negligence
  • Complex insurance disputes involving multiple policies

We also advance all costs and charge nothing unless we win compensation for your family.

A sudden loss like this is overwhelming, and families deserve answers, justice, and support.

📞 Contact Flanagan & Bodenheimer for a free, confidential consultation. We represent families throughout Brevard County, Central Florida, and statewide.

Client Reviews

When faced with the repercussions of a personal injury, choosing the right lawyer for the work ahead is absolutely imperative. When this daunting task fell upon me following a motor vehicle accident, obtaining attorney Zachary Bodenheimer was the BEST decision...

Josh N.

Thank you all for your efforts, often in today's world, it seems everything is about money and people don't seem to care about others. I felt that this was not the case with you and I felt always that you had my best interests at heart and looked out for me...

A.S

Michael Flanagan and his team were so supportive while handling my case. What I appreciated the most about working with Michael was his honesty and his no nonsense approach at getting the very best for his clients. I'm so pleased with how my case was resolved...

Talia M.

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