Electric scooters can be found across many major cities. Companies like Lime, Spin, and HOPR place scooters around cities so pedestrians can catch a quick ride. But, most people who hop on an electric scooter probably never think the ride could lead them to manslaughter charges.
But, that’s precisely what happened to a 22-year-old after he collided with a 77-year-old bicyclist.
The Electric Scooter Accident That Led to Manslaughter Charges
Tyer Andrew Brady, 22, was riding an electric scooter on Tuesday, November 9th in St. Petersburg, Florida. As he was crossing an intersection, he reportedly hit a speed of 17-18 mph.
At the same time, Alvera Minutello, a 77-year-old St. Petersburg woman who liked to bike and swim, was coming toward Brady on a bicycle.
The two collided head-on. Brady was not injured, but Minutello died from her injuries.
What seemed like a tragic accident led to criminal charges after it became apparent that Brady may have been able to avoid the accident but failed to act. Police said Brady saw Minutello from about 80 feet away, but he did not attempt to slow down or move. Brady didn’t swerve to get out of the way even though there was room to do so.
Brady initially said that he didn’t intend on hitting Minutello. But after being read his rights, he changed his story. The Tampa Bay Times reported that his arrest affidavit said, “he drove straight into her and did not take any action to avoid hitting her or minimize the effects of the collision.”
Brady was arrested and charged with manslaughter via culpable negligence.
Related: Injured in a Car Accident? Here’s What You Need to Do Right Away.
What Are the Consequences of Manslaughter?
Manslaughter is defined under Florida Statute 782.07. It is a criminal charge that differs from murder. Murder charges refer to cases that show premeditation. A person plans to kill another person.
Manslaughter charges refer to cases that lack premeditation. A person kills another person without malice aforethought. They didn’t have a specific plan to kill the person.
In cases of manslaughter, a victim dies because of one of the following situations.
- The defendant intentionally completed an act that led to the death of another person.
- The defendant persuaded or encouraged another person to complete an act that led to that person’s death.
- The defendant was culpably negligent which led to the death of another person.
The scooter accident falls into the category of culpable negligence. It is an involuntary manslaughter charge wherein Brady is said to have acted recklessly which led to the death of another person.
Under the charge of manslaughter via culpable negligence, Brady faces serious consequences. It is a second-degree felony that can result in 15 years in prison, 15 years of probation, and up to a $10,000 fine.
Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps
Could The Accident Lead to Civil Charges, Too?
What happened at a St. Petersburg intersection was a tragic accident. Now, the legal system will try to determine if the accident could have been prevented. If they find that Brady acted with disregard for the lives around him, he could find himself in jail for up to 15 years.
Brady could potentially find himself facing charges in civil court as well.
This situation could qualify as a wrongful death case. A wrongful death case can be filed if someone dies as the result of the negligence of another person or business. If Brady admitted he didn’t take any action to avoid hitting Minutello, he may also find himself facing a civil personal injury lawsuit as well.
Related: Types of Personal Injury Cases: Do You Have a Claim?
Get Legal Help for Criminal and Civil Cases
If you find yourself on either side of a tragic accident, make sure you have an attorney that can fight for your best interests. Both criminal defense attorneys and personal injury attorneys can offer legal advice and guidance in the aftermath of an accident. When possible, choose an attorney who has experience in both types of law.
TJ Grimaldi has experience fighting for clients in both civil and criminal matters. If you need legal assistance to guide you through the wake of an accident, contact our office today to discuss the details of your situation. Request your consultation or call 813-226-1023 today.
TJ Grimaldi joined McIntyre in 2011. McIntyre recruited TJ to create the divisions of personal injury and family law, as well as to expand the existing criminal defense practice at the firm. During TJ’s tenure at McIntyre, he has helped oversee and grow these practice areas. He continues to practice in these divisions while also expanding his own practice areas to include estate planning and immigration law. TJ is admitted to practice before the Supreme Court of Florida and the United States District Court for the Middle and Southern Districts of Florida.
