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David M. Benenfeld, P.A.
7800 W. Oakland Park Boulevard
Building F
Suite 216
Sunrise, FL 33351
Phone: (954) 677-0155
Fax: (954) 677-0773

Dade and Broward County Injury News

Police Still Investigating Scooter Accident

Posted on Jan 05, 2009

On December 2, 2008, a car rear ended a scooter that was carrying Michael R. VanWagner. The smaller vehicle was following a pickup truck stopped at the intersection of 17th Street and University Avenue. Monica Renee Toliver, a 40-year-old woman from Gainesville, was driving the 1993 Lincoln Town Car that crashed into the back of the scooter. The impact of the collision forced the scooter and the pickup truck into the intersection.

Police were back at the accident scene in mid-December to continue the investigation. According to Sgt. Joe Raulerson, who supervises the police department’s traffic safety unit, the case remains open. Charges have not been filed against Toliver at this point.

Police are still trying to figure out what caused Toliver to hit a Gainesville Regional Utilities truck in the area of 18th Street and University Avenue, and then straddle the sidewalk before causing the fatal collision.

VanWagner, a University of Florida student, died from his injuries. According to police, VanWagner was not wearing his helmet at the time of the accident. Under Florida law, riders of motorcycles and scooters with an engine over 50 cc or with more than two brake horsepower and the ability to travel more than 30 MPH are required to wear an approved helmet unless they are over the age of 21 and meet certain insurance requirements.

After the crash, Toliver did not appear to have any signs of impairment. She did submit to having her blood drawn for analysis and was allowed to leave the accident scene.

It will take several months to receive the results of Toliver’s blood test from the Florida Department of Law Enforcement. The results can be used to determine if she was under the influence of alcohol or if there were any drugs in her system.

Raulerson said that police have been gathering other data about the crash, while they wait for the blood test results.

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David M. Benenfeld, P.A.
7800 W. Oakland Park Boulevard
Building F
Suite 216
Sunrise, FL 33351
Phone: (954) 677-0155
Fax: (954) 677-0773
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