A Marine veteran has been shot and killed by the passenger of a BMW who opened fire on him as he tried to apologize to its driver for cutting them off on a Florida road.

Keith Byrne, 41, was killed by Andre Sinclair, 22, as he tried to apologize to Sinclair's girlfriend, who was driving their car, in Davie, a suburb of Miami, on June 7.

Byrne, a father-of-three, accidentally cut the woman off.

He was on the phone to a friend at the time and told them that he was waiting for the other vehicle to pull up to a stoplight to say sorry.

From his pick up truck, he told them: 'My bad.'

Keith Byrne, 41, was killed by Andre Sinclair, 22, as he tried to apologize to Sinclair's girlfriend, who was driving their car, in Davie, a suburb of Miami, on June 7

Sinclair got out of the vehicle, approached Byrne's truck, and grabbed him by the neck.

He then opened fire as his girlfriend and their 19-month-old daughter sat in their vehicle.

The Marine veteran also had a weapon and returned fire, saying to a friend on the phone: 'I think I've been shot!'

Both men legally held concealed carry licenses.

Sinclair died in the hospital two days later and Byrne died at the scene.

The 22-year-old had been cited three times in the past, all on driving charges.

The first was for speeding, the second was for allowing someone under the age of 18 to be in a car without a seatbelt and the third was for an unspecified traffic infraction.

Police now say that if Sinclair had survived, they would have charged him with murder.

Video courtesy WPLG

Sinclair's girlfriend, shown, had been driving their BMW. She claims she tried to refrain him

Byrne, a father-of-three, returned fire, injuring his shooter multiple times, but died from a gunshot wound to the chest. He is shown with his daughters

His girlfriend, who claims she tried to restrain him when he pulled out his gun, has not been charged.

'It’s irrelevant that we are in Davie or Broward. Road rage can happen anywhere at any time. Out there on the roads, we must share the roads with everybody.

'Everybody is trying to get somewhere, school, work, home, uh everybody is in a rush to get somewhere.

'But when we start letting our tempers get involved, bad things happen,' said Sgt. Mark Leone said.

Byrne will be laid to rest in a military funeral.