Hit by Car While Jogging? Fort Myers Pedestrian Accident Lawyer Details Your Legal Options

Here in the Sunshine State, outdoor exercise is a year-round privilege enjoyed by many. As an experienced Fort Myers pedestrian accident lawyer serving Southwest Florida, I’ve seen firsthand how quickly a morning run can turn into a life-altering tragedy when motorists fail to exercise proper caution around joggers and runners. Our skilled team at Garvin Injury Law works to assist injured pedestrians recover fair compensation from negligent drivers.

The Rising Popularity of Running in South Florida

The running community in South Florida continues to flourish, with Lee County alone seeing a significant uptick in running events and participation the last few years. According to the Sports & Fitness Industry Association, running and jogging participation nationwide has increased by over 15 percent since 2020, with warm-weather states like Florida experiencing even higher growth rates.

Fort Myers, with its scenic waterfront paths and beautiful neighborhoods, has become a haven for fitness enthusiasts. Local running clubs report membership increases of nearly 25 percent over the past three years, and the annual Fort Myers Marathon and River Run events regularly attract thousands of participants.

Florida’s Troubling Pedestrian Accident Statistics

Unfortunately, this rise in outdoor exercise coincides with Florida’s dubious distinction as one of the most dangerous states for pedestrians. According to the Florida Department of Highway Safety and Motor Vehicles (FHSMV), there were over 9,500 pedestrian crashes reported in 2023, resulting in more than 700 fatalities and thousands of injuries.

Lee County alone recorded over 200 pedestrian accidents last year, with a disproportionate number occurring during peak running hours (early morning and evening). What’s particularly concerning is that these figures likely underrepresent the true scope of the problem for several reasons:

• Many minor pedestrian incidents go unreported.
• Some drivers flee the scene, leaving victims with limited information.
• Hospital data and police reports don’t always align in classification.
• Near-misses aren’t captured in official statistics.

Why Joggers Face Elevated Risks

Runners face unique vulnerability on Florida roads for several compelling reasons:

1. Distracted drivers: With smartphones and in-car entertainment systems, driver attention continues to decline.
2. Limited visibility: Early morning and evening runs often coincide with challenging lighting conditions.
3. Shared road use: Many Fort Myers neighborhoods lack dedicated sidewalks or running paths.
4. Speed differentials: A jogger moving at 6-8 mph may misjudge a vehicle’s approach speed.
5. Hit-and-run incidents: Sadly, Florida ranks among the worst states for hit-and-run accidents. The FHSMV reported over 108,000 hit-and-run crashes in 2023 alone. Joggers are particularly vulnerable as they often run alone, in low-light conditions, and in areas with fewer witnesses.

How Pedestrian Accident Claims Differ

If you’ve been struck by a vehicle while jogging in Fort Myers, your legal case differs significantly from typical auto accidents in several key ways:

No-Fault Insurance Complications

Florida’s no-fault insurance system (Florida Statute §627.736) means your personal injury protection (PIP) coverage may apply even though you weren’t in a vehicle. However, PIP only covers up to $10,000 in medical expenses and lost wages – often insufficient for serious pedestrian injuries.

Comparative Negligence Considerations

Under Florida’s modified comparative negligence statute (Florida Statute §768.81), your compensation may be reduced by your percentage of fault. Defense attorneys often argue that joggers “darted into traffic” or were “not visible enough,” making expert legal representation crucial to counter these tactics.

More Severe Injuries

When a 3,000+ pound vehicle strikes an unprotected human body, the injuries are typically catastrophic. Pedestrian accidents are far more likely than car accidents to result in:

• Traumatic brain injuries
• Spinal cord damage
• Multiple fractures
• Internal organ injuries
• Psychological trauma
• Death

Why Hiring a Fort Myers Pedestrian Accident Lawyer is Essential

After being struck by a vehicle while jogging, securing experienced legal representation should be your priority for several reasons:

1. Evidence preservation: Critical evidence like traffic camera footage, witness statements, and physical evidence at the scene can quickly disappear.
2. Medical documentation: Proper documentation of your injuries, treatments, and prognosis is essential for maximizing compensation.
3. Insurance company tactics: Insurance adjusters may attempt to minimize your claim or pressure you into accepting an inadequate settlement.
4. Statute of limitations: Under Florida Statute §95.11, you generally have two years from the date of injury to file a personal injury lawsuit, but waiting reduces your chances of a favorable outcome.
5. Complex liability issues: Determining all liable parties (driver, vehicle owner, government entities responsible for road conditions) requires legal expertise.

If you or a loved one has been injured while running or jogging in Fort Myers, please contact our office for a free consultation. Remember, you don’t pay us unless we win your case. Your focus should be on healing and recovery – let us handle the legal complexities of your pedestrian accident claim.

If you are injured in Fort Myers, Naples or Key West, contact Garvin Injury Law at 800.977.7017 for a free initial consultation with a Fort Myers pedestrian accident lawyer.

Additional Resources:

Fatality Facts 2022: Pedestrians, Insurance Institute for Highway Safety

More Blog Entries:

Fast Ways to Sabotage Your Fort Myers Personal Injury Claim, Oct. 9, 2023, Fort Myers Pedestrian Accident Lawyer Blog