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  • January 26, 2024

#BradleysLaw Help make a change

#BradleysLaw Help make a change#BradleysLaw Help make a change#BradleysLaw Help make a change
This Could Be Your Child
What Happened?

January 26, 2024 at 8:52pm

Bradley Ellertson was a front passenger in a Kia Soul as it was traveling down County Road 196 in Molino, FL. The vehicle drove past a stop sign, onto the highway and T-Boned a semi truck. Bradley died, and the back passenger was in critical condition. The driver was never tested for a DUI. No charges have been filed.

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Bradley Deserved to Live
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Everyone has rights but the deceased

Did you Know

Drivers involved in crashes causing severe injuries or fatalities can decline drug or alcohol tests unless an officer observes signs of impairment.

What if an officer can't promptly interview a driver?

If a driver is hospitalized for treatment, there will be a delay in the officer's interview. The question then is how can an officer detect signs of impairment hours later?

Everybody has rights but the deceased

In a vehicular homicide, the state requires that a deceased victim be removed, unidentified, autopsied, and drug tested, without considering religious beliefs, parental consent, or First and Fourth Amendment rights.

Disparity in the law

This stark disparity raises significant concerns regarding fairness and accountability within our justice system.

Human rights?

Do deceased individuals still retain human rights? The question remains: why are drivers' Fourth Amendment rights against search and seizure considered more important than the victims' and families' rights to truth and justice? Additionally a victim can be autopsied and a toxicology obtained without any family consent, but a driver who causes a crash has rights to refuse simply because they are alive.

Facts:

  • Drivers involved in fatal crashes with a BAC of .08 g/dL or higher are four times more likely to have prior DUI convictions compared to drivers with no alcohol in their system​ (NHTSA)​​
  • Studies indicate that states with legalized recreational marijuana have a significant rise in traffic fatalities. For example, Colorado a 16% increase, Oregon 22%, Alaska 20%, and California 14% ​ (UIC School of Public Health)
  • Marijuana impairs motor skills, reaction time, and cognitive functions, making driving hazardous. The NHTSA reports that marijuana use can lead to poor lane tracking, decreased reaction times, and reduced attention​.

Probable Cause

In Florida, probable cause for a DUI (Driving Under the Influence) in fatality cases is defined as a reasonable belief, based on specific facts and circumstances, that a person has committed a DUI offense. Observation of impairment, field sobriety, witness statements, and visible physical evidence.

Failure of Law Enforcement to Act on Probable Cause

Our lives begin to end the day we become silent about things that matter.

Martin Luther King Jr.

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Tragic Accident and Unresolved Questions

On January 26, 2024, Bradley's life was tragically cut short on his way to a bonefire party with friends. He was the front passenger  in a Kia Soul traveling down County Road 196 in Molino, FL, when the car, speeding, failed to stop at a stop sign. After passing four sets of rumble strips starting 750 feet back, the Kia continued through the intersection without stopping, crossed lanes into the highway, and collided with a semi-truck at the fuel tank. The truck jack knifed and drove off the side of the highway into an electric pole, while the Kia veered off the road and came to a stop. Bradley, passed away at the scene. Despite the impact, he remained intact in the car, but the headliner collapsed, causing injuries to the three other passengers. The semi-truck driver, trapped in her truck, had to kick out the windshield to escape as fuel leaked from the vehicle. The back passenger of the Kia was in a coma and the hospital for weeks but survived. The driver was able to speak at the scene.

Bradley's parents were never contacted by the Florida Highway Patrol (FHP). They learned about the crash hours later from a friend of Bradley's who told them his last location. Arriving at the crash site with their two young children, they were informed of Bradley's passing but were denied the right to see or identify him. His body was taken to the medical examiner, where they were again told they could not see him. It was only six days later that they were able to see him at the funeral home. Bradley's shoes, taken from the accident scene, were never recovered. High school students who were at the scene of the crash provided additional insights, but investigators were difficult to communicate with and reluctant to interview witnesses.

The driver of the Kia was interviewed by a trooper at the hospital but was not subjected to a drug or alcohol screen. She later declined a formal interview with homicide investigators. Initially, the FHP's investigation determined that the Kia had stopped at the stop sign, turned right, and failed to yield to the semi-truck. However, multiple investigators later concluded that the driver had lied; she had not stopped at the stop sign and had driven into the side of the semi-truck without braking before the impact. The driver claimed to have heard her friends "screaming" at the time of the crash.

Both families involved in the crash sued the trucking company, believing the semi-truck had more involvement due to the initial FHP findings. After discovering the truth, the families endured significant heartache, time, and financial loss. Bradley's body was tested for substances during the autopsy, revealing marijuana in his system, raising questions about whether anyone else in the car had marijuana or alcohol in their systems at the time of the crash. The deputy with the ECSO later told FHP that he saw "twisted tea'"in the car and smelled alcohol in the car that night. Unfortunately, the FHP did not thoroughly search the vehicle for substances, citing a lack of reason to believe they contributed to the crash. Ultimately, the young driver at fault, was only charged with running a stop sign. A simple citation.

Injustice and Legal Disparities

This tragic incident raises important questions about the rights of victims and their families. If a person who causes a deadly crash has the right to refuse a drug or alcohol screen, why is it permissible to perform an autopsy and toxicology test on a deceased victim without considering their First and Fourth Amendment rights? There is a stark disparity in the law that needs to be addressed, emphasizing the need for justice and equity for victims and their families.

Adding to the sense of injustice, the minor driver of the Kia involved in this crash is possibly only facing only a simple ticket for failure to stop. How is it fair that a minor infraction is the only consequence for an incident that resulted in the loss of a young life and caused immense pain and suffering to multiple families? This situation highlights the need for a thorough review of traffic laws and the enforcement procedures to ensure that accountability and justice are served appropriately in such tragic circumstances.

Bradley's memory lives on through the countless lives he touched. He will forever be remembered as a bright, loving, and adventurous spirit who brought joy and laughter to everyone he met.


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