Troopers say a pickup driver on Interstate 75 saw a stranger filming him from the next lane, and blew him kisses.
What came next was less affectionate, according to the Florida Highway Patrol. The pickup cut in front of the man doing the recording, stopped short, and the two vehicles collided. Then the pickup left. By that evening, FHP had arrested its driver at his home.
What FHP says happened
The road rage crash happened just after 4:30 p.m. on Thursday, Sept. 24, on southbound I-75 near mile marker 254 in Riverview, in southern Hillsborough County. FHP identified the pickup driver as Alberto Irizarry Rivera, 55.
The other driver, a 23-year-old man from Apollo Beach, was in a Hyundai Elantra. He told troopers the Chevrolet truck cut him off on purpose and then stopped abruptly. FHP says that before the crash, the pickup had been moving recklessly and erratically through afternoon traffic. The agency’s account was reported by Tampa station WFLA.
The camera was already rolling
The Elantra driver was recording the encounter, and FHP released his video. It was shot from the Hyundai’s driver’s seat, through its closed side window. The pickup is right alongside with its driver’s window down, and the man at the wheel is turned toward the sedan with his arm resting on the door.
FHP says the video shows Irizarry Rivera taunting the other driver and blowing kisses at him through that open window. The agency hasn’t said what started it.
So the audience for this performance was a man holding a camera.
The brake check, and the exit
According to FHP, the pickup then pulled in front of the Elantra and hit the brakes. The Hyundai hit it. Troopers say Irizarry Rivera kept driving and never stopped or exchanged information.
On that part, Florida law is clear. If you’re in a crash that damages only vehicles or property, Section 316.061 says you must stop immediately and stay at the scene. You can’t leave until you’ve done what Section 316.062 requires, which means giving your name, address and vehicle registration and showing your license.
Troopers arrested him at his home later that evening. The man he’d been blowing kisses at still had the video.
Why a video like this matters more than the kisses
In a rear-end crash, the car in back usually starts out with the problem. Florida courts presume the rear driver was negligent. But in Birge v. Charron (2012), the Florida Supreme Court held that the presumption goes away once there’s evidence the driver in front stopped suddenly and unexpectedly, for no real reason.
That’s exactly what the Elantra driver says happened. Without a recording, a crash like this often comes down to one driver’s word against the other’s. His recording shows what the pickup driver was doing in the moments before the crash. The broader lesson, as we covered in our look at what your insurance won’t cover after road rage, is that evidence often decides who ends up paying.
The charges
FHP says Irizarry Rivera was booked into the Hillsborough County jail. He’s charged with reckless driving causing property damage and leaving the scene of a crash with property damage.
Under Section 316.192, reckless driving that damages property is a first-degree misdemeanor. That carries up to a year in jail and a $1,000 fine. Leaving the scene of a property-damage crash is a second-degree misdemeanor, with up to 60 days and a $500 fine. These are accusations, and he hasn’t been convicted of anything. FHP’s account didn’t mention any injuries.
It could have gone much worse. Two other drivers stopped in the middle of I-70 to fight, and deputies say a trucker shattered a car window with a BB gun on I-40. This one started with kisses and ended with a crash and a booking.
If another driver starts taunting you in traffic, would you keep recording, or put the phone down and let them get ahead of you?