Fort Myers Pedestrian Accident Lawyer

During the past decade, the number of people fatally injured in pedestrian accidents in the U.S. has increased 53%, while fatalities from all other kinds of traffic accidents have only increased 2%. This is very disconcerting, especially for those of us who visit and live in Florida, the state consistently recognized as the most dangerous place for pedestrians.

The State of Florida has continued its efforts in enforcement, engineering, and education to curb the rise in pedestrian injury accidents, yet the numbers remain troubling. In fact, throughout Florida, pedestrian crashes rose to 10,290 in 2023, resulting in 8,132 injuries and 778 fatalities—an increase from the 9,356 injury crashes and 720 fatalities reported in 2019. In Lee County alone, pedestrian crashes surged from 158 in 2022 to 205 in 2023, with 10 of those resulting in death—far exceeding the nearly 3% increase recorded between 2018 and 2019.

If you or a family member has been injured in one of these pedestrian accidents, you may be able to hold the driver accountable and get compensated for your injuries, pain and suffering. An experienced Fort Myers pedestrian accident attorney can help you get the justice you deserve. At Dennis Hernandez Injury Attorneys, we have helped hundreds of accident victims and their families throughout Florida and want to help you get compensated fully and fairly.

What Causes Pedestrian Accidents?

The roadways that criss cross Fort Myers were not constructed for the amount of traffic or number of people walking in recent years. Changes have been made to manage this situation, but crash data still show how dangerous traveling by foot can be. Walking in high traffic areas or at night puts people at risk, especially when they walk near or in the roadway. Large motor vehicles, such as SUVs and trucks prevalent in Fort Myers, also represent an increased danger for pedestrians.

Although many refer to them as “pedestrian accidents,” drivers of cars or trucks usually cause these collisions, either wholly or in part. In fact, many of these accidents involve motor vehicle safety violations, such as:

• Driving while under the influence of drugs or alcohol
• Texting while driving or other distractions
• Speeding
• Failing to yield to a pedestrian in a crosswalk
• Failing to come to a complete stop at a traffic light or sign

Following Florida’s traffic laws is necessary to decrease the number of pedestrian crashes. Traffic safety experts suggest the following precautions:

• Always yielding to pedestrians in crosswalks.
• Driving very slowly when turning or driving through a crosswalk.
• Always following speed limits, especially slower speed limits in school zones and in residential area
• Always being on the look-out for pedestrians.
• Never driving while intoxicated or under the influence of drugs.
• Being especially cautious when it’s hard to see your surroundings, such as during bad weather or at night.
• Being extra cautious when driving in reverse, especially when backing out of a driveway.

Who Is Responsible for Pedestrian Accidents?

In Florida, both motorists and pedestrians must follow traffic laws. Either party—or both—can be held legally responsible for a pedestrian accident. Drivers must yield to pedestrians who step into a crosswalk at an intersection, even if no crossing signals are present. If there’s no crosswalk, pedestrians must yield to oncoming vehicles.

Often in pedestrian accident cases, the person driving a motor vehicle is totally responsible for the crash. However, sometimes the responsibility is shared by the pedestrian and the motorist. In these cases, an injured pedestrian may still recover compensation since Florida’s comparative fault system allows damages based on each party’s level of fault.

What Compensation Is Available for Fort Myers Pedestrian Accident Victims?

If a Fort Myers pedestrian accident injured you, you may qualify for compensation for your expenses, losses, pain, and suffering:

• Medical expenses – Present and future medical expenses, including emergency services, hospital bills, diagnostic imaging, surgery, post-operative care, travel to and from doctors, prescriptions, medical equipment and rehabilitation.
• Reduced or lost income – Income lost for time off work because of injuries from the accident.
• Diminished earning capacity – Decreased or lost earning capacity because injuries from the accident prevent returning to your job or seeking one that pays as well.
• Pain and suffering – Pain, stress, trauma and other emotional problems stemming from the accident.
• Diminished quality of life – Decreased ability to enjoy life.
• Loss of consortium with a spouse – Loss of companionship and support.
• Other economic and non-economic damages applicable under Florida law.

Fatal Pedestrian Accident Injuries

If a family member died from a pedestrian accident, no amount of money can truly make up for your loss. Still, holding the responsible party accountable can offer a sense of justice. As the claimant in a wrongful death case, you may receive compensation for medical expenses incurred before death, funeral and burial costs, and the emotional toll of losing your loved one. This includes damages for pain, suffering, and the loss of companionship and support.

Experienced Legal Help for Victims of Fort Myers Pedestrian Accidents

If a pedestrian accident has harmed you or a family member, the experienced Fort Myers pedestrian accident attorneys at Dennis Hernandez Injury Attorneys are here to help. Our team has helped hundreds of accident victims across Florida secure fair compensation. We’re ready to put our legal experience and expertise to work for you.

As your attorneys, we’ll stand by your side throughout the legal process. From the initial investigation and evidence collection to negotiations with insurance companies and, if needed, a courtroom trial—we’ll handle it all. Unlike many personal injury firms, we never back down. Our team will negotiate assertively and, when necessary, use our trial experience and litigation skills to fight for the full compensation you deserve.

Call us at 855-LAW-DENNIS or fill in the FREE CASE EVALUATION form on our website to get started on your case.

 

Sources:

Smart Growth American. (2020). Dangerous by design.
https://smartgrowthamerica.org/app/uploads/2020/01/DbD-2020-Report.pdf

Smart Growth America. (2019). Dangerous by design.
https://smartgrowthamerica.org/dangerous-by-design/

U.S. Department of Transportation. National Highway Traffic Safety Administration. (n.d.). Pedestrian safety. https://www.nhtsa.gov/road-safety/pedestrian-safety