According to the Miami Car Accident Lawyer, Jonathan Perazzo, Yes — under Florida law, a first responder struck by a vehicle while working a crash scene can generally pursue a civil claim against that driver, separate from any criminal case. Florida’s “Move Over Law,” Fla. Stat. § 316.126, requires drivers, unless a law enforcement officer directs otherwise, to vacate the lane closest to an emergency vehicle parked on the roadside with visual signals displayed or, if that cannot be done safely or the road has only two lanes, to slow to 20 mph below the posted limit (5 mph where the limit is 20 mph or less), and Florida has statutorily narrowed the old common-law defenses that once shielded people from a firefighter’s negligence claims. A Miami pedestrian accident lawyer can evaluate whether an alleged intentional shove — not just a traffic mistake — falls outside those limits. Call The Perazzo Law Firm at 888-PERAZZO or request a free case evaluation FREE of Charge.
What Happened on the Palmetto Expressway
The Perazzo Law Firm has learned, according to Hoodline, that deputies responded to a multi-vehicle crash on the Palmetto Expressway (SR 826) near Northwest 74th Avenue in Miami-Dade County at about 5:37 a.m. on September 17, 2026. An on-duty Miami-Dade Fire Rescue (MDFR) firefighter in uniform was directing traffic around the blocked lanes, according to Hoodline.
According to Local10, Bekkali’s Dodge Challenger allegedly “accelerated…, striking the firefighter in the legs and knocking him back several feet.” He then allegedly “pushed the firefighter multiple times in the chest” before allegedly fleeing north on the expressway, according to Local10.
Bekkali, 38, was arrested September 19, 2026 — two days after the incident — according to Hoodline, and faces charges of aggravated battery on a firefighter with a deadly weapon, battery on a firefighter, and failure to obey a firefighter, according to Local10. Bekkali is accused, not convicted.
The Duty Drivers Owe at a Blocked-Lane Crash Scene
Florida’s Move Over Law, Fla. Stat. § 316.126, sets out the duties a driver owes when, among other situations, an “authorized emergency vehicle displaying any visual signals is parked on the roadside.” Local10 reports that an MDFR engine was repositioned to block traffic and that a firefighter used hand signals to instruct the driver to take an alternate route; Hoodline likewise reports that an engine blocked the roadway and that the firefighter signaled the driver to take another route. Whether the statute applies to those facts depends on details the reporting does not settle.
Can a Firefighter Sue Over an On-the-Job Injury?
Many states limit a “professional rescuer’s” ability to sue over the negligence that caused the emergency in the first place — often called the firefighter’s rule. Florida has moved away from that doctrine. Fla. Stat. § 112.182 abolished the common-law rule as applied to a firefighter who “lawfully enters upon the premises of another in the discharge of his or her duty.” That change gives the firefighter invitee status rather than the lesser licensee status the old rule assumed.
That statute addresses entering property, not a roadway confrontation, so it doesn’t resolve this case directly. But the broader logic behind any rescue-doctrine limit is that it bars claims over the negligence that summoned the responder — not a separate, later act by a third party once the responder is already on scene. An alleged intentional shove, after the firefighter had already positioned the engine and was directing traffic, arguably falls outside that original trigger. That is a fact-specific question a pedestrian-injury attorney would need to work through with the arrest report; no Florida court has ruled on these exact facts.
FAQ
Can a firefighter file a civil claim against a driver who hits him while he’s directing traffic?
Potentially. Florida has curtailed the old firefighter’s-rule defenses, and an intentional act separate from the original emergency may not be shielded.
What does Florida’s Move Over Law require?
Unless a law enforcement officer directs otherwise, drivers must vacate the lane next to a signal-displaying emergency vehicle parked on the roadside on a multi-lane road, per Fla. Stat. § 316.126; if that cannot be done safely, or on a two-lane road, they must slow to 20 mph below a posted limit of 25 mph or more, or to 5 mph where the limit is 20 mph or less.
Does a pending criminal charge affect a civil case?
No. Criminal and civil cases run on separate tracks with different burdens of proof; a conviction isn’t required to file a civil claim.
If a driver hurt you or a family member on a Florida roadway, call The Perazzo Law Firm at 888-PERAZZO or start a free case evaluation today.
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