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Roadside Traffic Worker Killed in I-95 Crash During Holiday Travel Rush in Brevard County

Michael T. Flanagan, Esq.

A devastating crash on Interstate 95 in Brevard County claimed the life of a roadside traffic worker Monday morning, creating massive travel delays during one of the busiest holiday travel periods of the year. The collision occurred near mile marker 228 in Mims, where crews were responding to an earlier car fire in the northbound lanes.

According to the Florida Highway Patrol (FHP), the fatal crash unfolded while the traffic worker was assisting with roadway safety and incident management when a vehicle struck him. The tragedy highlights the extreme risks faced by roadside workers—especially along high-speed corridors like I-95.

Two lanes of the interstate reopened shortly after 3 p.m., but the crash caused hours-long backups, with all northbound motorists diverted at State Road 46 as troopers investigated.

FHP reported that emergency crews were on-site for an unrelated vehicle fire when the traffic worker was hit. Details about the striking vehicle, speed, and other contributing factors have not yet been released as the investigation remains active.

Traffic was heavily impacted for most of the day, with long delays extending several miles. The shutdown occurred as millions of Floridians hit the roads for holiday travel—making the timing even more chaotic and dangerous for roadside personnel.

The identity of the worker has not yet been released pending notification of the family.

Roadside workers—including FDOT contractors, tow operators, and first responders—face extraordinary hazards every day. Crashes like this frequently happen when drivers:

  • Fail to slow down or move over
  • Drive distracted or fatigued
  • Speed in construction or emergency zones
  • Ignore traffic control devices
  • Fail to anticipate stopped vehicles or personnel

Florida’s Move Over Law (F.S. § 316.126) requires drivers to:

  • Move over one lane for stopped utility, emergency, and service vehicles
  • If unable to move over, slow to 20 mph below the speed limit

Failure to follow this law frequently results in catastrophic or fatal injuries—especially on interstates where speeds exceed 70 mph.

When a roadside worker is killed due to a driver’s negligence, their family may be able to pursue a wrongful death claim under Florida law. Compensation may be available for:

  • Funeral and burial expenses
  • Loss of financial support
  • Mental pain and suffering
  • Loss of companionship and guidance
  • Medical expenses incurred before death

If the worker was employed by a government agency or contractor, workers’ compensation death benefits may also apply — but these benefits often fall short of covering the full financial and emotional losses.

In addition, if the driver who caused the crash was negligent — by speeding, failing to move over, texting, or driving recklessly — the family may pursue civil liability beyond workers’ compensation, depending on the circumstances.

A comprehensive legal investigation typically includes:

  • Reviewing FHP crash reports
  • Gathering eyewitness statements
  • Obtaining surveillance or dashcam footage
  • Accident reconstruction analysis
  • Vehicle black-box data downloads
  • Evaluating whether the Move Over Law was violated

Because interstate fatalities often involve multiple agencies and layers of liability, families benefit greatly from hiring an attorney experienced in wrongful death and catastrophic roadway incidents.

This incident occurred during the peak holiday travel period, when:

  • Road congestion is significantly higher
  • Driver fatigue increases
  • Impairment-related crashes rise
  • More roadside emergencies and breakdowns occur

AAA estimates millions of Floridians travel each holiday season, increasing exposure for roadside workers who already operate in high-risk environments.

Our Law Firm Supports Families After Fatal Roadside Worker Incidents

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we have extensive experience handling complex roadway fatality cases, including those involving:

  • Roadside traffic workers
  • FDOT contractors
  • Emergency responders
  • Tow truck operators
  • Utility workers

We purposely maintain a small caseload, allowing us to conduct a thorough investigation and provide direct access to an attorney. We have recovered millions for families throughout Florida, including cases rejected by other law firms.

📞 Contact Flanagan & Bodenheimer today to speak with a wrongful death attorney who will fight for your family’s rights.

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