In the last decade, more than 5,000 pedestrians have been killed in Florida after being struck by a vehicle, and many thousands more have been seriously injured. Our state has seven of the most dangerous metropolitan communities for walking in the entire nation, with Cape Coral-Fort Myers consistently ranking No. 1.
At Garvin Injury Law, our Fort Myers personal injury attorneys work to help crash victims recover damages from the numerous sources that are available, primarily from automotive insurers. The fact that Florida is a no-fault state when it comes to auto insurance can complicate the process for injured pedestrians, who, unlike drivers, are not required to carry insurance to cross the street.
Call our Fort Myers office at (239) 277-0005 to schedule a no-obligation consultation today.
Why You Should Choose a Fort Myers Pedestrian Accident Lawyer From Garvin Injury Law
- Our attorneys are committed to your well-being and helping you recover the maximum possible compensation to move forward after your accident.
- We have over fifty years of experience protecting the rights of injury victims and helping them get the justice and compensation they deserve.
- You pay nothing until we recover compensation for you.
- We are experienced negotiators who can help resolve your claim fairly as quickly as possible.
- We are your unwavering legal advocate throughout the litigation process and will take your case to trial if a fair settlement is not reached.
How a Fort Myers Pedestrian Accident Lawyer Can Help
An experienced Fort Myers pedestrian accident lawyer can help build your strongest case by:
- Carefully investigate your accident to help determine all causes and liable parties.
- Discover and collect evidence to support your claim and build your strongest case.
- Help ensure all your current and future damages are accounted for and accurately valued.
- Work to negotiate a fair settlement of your claim as quickly as possible.
- Represent you at trial if a fair settlement of your case is not reached.
Being represented by an experienced Fort Myers pedestrian accident lawyer can significantly increase your chances of a successful outcome.
Injured in a Pedestrian Accident?
Contact an Attorney at Garvin Injury Law Today
Compensation Available to Injured Pedestrians, Surviving Family
Pedestrian accident claims will be filed as either personal injury or wrongful death, depending on the outcome of the crash. The question of whether a pedestrian can collect compensation – and how much – will depend on numerous factors. These include:
- Who was at fault? If more than one party was at fault, to what degree?
- What type of auto insurance did the negligent driver carry? What about the pedestrian?
- How serious were the pedestrian’s injuries? How extensive were the medical bills, and to what extent has the pedestrian’s ability to work and enjoy life been diminished?
Because Florida is a no-fault insurance state, we first look to compensation through personal injury protection (PIP) benefits, as outlined in F.S. 627.736. These provide up to $5,000 in death benefits and $10,000 in medical/ disability benefits. If a pedestrian has their own PIP insurance, this may be used, regardless of fault, and even if they were not driving. However, because they are not required to carry it to walk, the driver’s PIP insurer can be compelled to pay, even if the pedestrian was at fault.
The second type of insurance is bodily injury liability coverage. Pedestrians must meet the “serious injury threshold” to step outside the no-fault system to collect this. Many pedestrians do qualify because injuries in these collisions are often very serious. Secondly, we must prove negligence on the part of the driver. Most drivers carry a minimum of $20,000 in bodily injury liability coverage, though it is not technically required for those without a poor driving record. Commercial vehicles tend to carry higher rates.
Florida’s vicarious liability laws allow compensation to an injured pedestrian from the owner of a vehicle (even if he/ she was not driving) and also from an employer of one who was on-the-job at the time of a crash. One need not prove fault on the part of these defendants, so long as the fault of the driver has been established.
If the at-fault driver’s available insurance is insufficient or if the driver was uninsured or fled the scene, the pedestrian may secure coverage from their own uninsured/ underinsured motorist (UM/UIM) carrier (if they have it).
These are hypothetical situations, but our pedestrian injury lawyers in Fort Myers are available to answer your questions about what type of coverage may be available to you based on the specifics of your case.
Types of Damages Recoverable in a Fort Myers Pedestrian Accident Claim
In a successful Fort Myers pedestrian accident claim, you may be able to recover economic and non-economic damages. Economic and non-economic damages are considered compensatory because they are designed to compensate an injury victim for their losses.
Economic damages include your current and future medical costs, lost wages, and other expenses incurred by your injuries.
Non-economic damages include pain and suffering, mental and emotional distress, and other intangible losses.
Unlike compensatory damages, punitive damages are designed not to compensate the injury victim but to punish the wrongdoer and deter similar future behavior.
Under Florida law, punitive damages are rarely awarded. They are only permitted when your injuries are caused by a defendant’s intentional misconduct or gross negligence.
Our attorneys skillfully build your strongest case to help recover every type of available compensation for our clients. If your loved one was killed in a pedestrian accident, our Fort Myers wrongful death lawyers will fight for the justice they deserve.
Back in 2021, tragedy struck our family when we lost our dad in a car crash. We reached out to Mr. Garvin and his team, and it was the best decision we could have made. They handled our case with care, kept us informed every step of the way, and provided unwavering support throughout the entire process. Now, in 2025, we can confidently say that everything was handled smoothly. I highly recommend Mr. Garvin and his team as a reliable and stress-free choice for getting the job done right.
Jean Edmond 
Evidence Used to Prove Your Case
Most personal injury claims are based on negligence. To be successful in a negligence claim, you must prove that four elements exist:
- The defendant owed you a duty of care.
- The defendant breached their duty by their negligent action or inaction.
- The defendant’s breach of duty caused your accident and injuries.
- You suffered actual damages from the defendant’s breach of duty.
These elements may seem straightforward, but they can be challenging to prove. Our attorneys work hard to gather the evidence to prove your negligence claim and build your strongest case.
Some types of evidence we may use to prove causation, liability, and damages include:
- Police reports
- Eyewitness accounts
- Photographs and video footage taken at the scene of the accident
- Surveillance footage from nearby residences or businesses
- Traffic cameras
- Dashcam video
- Event data recording devices installed in the involved vehicles
- Expert witness reports and testimony
- Medical records
- Journals kept during your recovery
- Pay Stubs and income tax returns
- Receipts, bills, and invoices for your injuries and medical care expenses
At Garvin Injury Law, our attorneys have the skills and resources to investigate your pedestrian accident, determine its cause and liability, and prove the value of your damages.
Driver Duty of Care to Pedestrians
Pedestrians are defined in Florida as any person who is afoot, which can include not only those who are walking but also those in wheelchairs or on roller skates, roller-blades or skateboards (excludes bicyclists, though they too are vulnerable road users). F.S. 316.130 outlines Florida traffic rules pertaining to pedestrians. These provisions outline who has the right-of-way when pedestrians and motor vehicles interact.
The law states that every driver must exercise “due care” to avoid striking a pedestrian or any person in a human-powered vehicle – and give a warning when necessary and exercise proper precaution anytime they observe a child or someone who is obviously confused or incapacitated. That means that even if a pedestrian was partially to blame for the collision (the legal term is “comparative fault”), the driver’s insurer might still be compelled to pay for failure to exercise a duty of care (also known as “negligence”).
Types of Florida Pedestrian Accidents
Florida consistently has the undesirable distinction of being top-of-the-list when it comes to the number of pedestrian accidents. According to the Centers for Disease Control and Prevention, during 2013–2022, U.S. traffic-related death rates increased a relative 50.0% for pedestrians and 22.5% overall. In the U.S., people are seven times more likely to die as a pedestrian than from a natural disaster.
There are several scenarios in which pedestrians suffer an injury on roads, crosswalks, sidewalks, alleys, driveways, and parking lots. Those may include:
- Intersection pedestrian accidents. These generally happen when pedestrians are crossing the street, often while a pedestrian is in a crosswalk. Problematically, too many Florida intersections were not designed with pedestrians in mind, meaning there may be limited opportunities to safely cross – or sometimes even walk along the road. This can make for perilous conditions, but the driver is still responsible for exercising due caution.
- Passing pedestrians accidents. This happen when a negligent driver fails attempts to pass another vehicle that has stopped or slowed to allow a pedestrian to cross.
- Vehicle merge and turn pedestrian accidents. These types of crashes happen when the driver is intensely focused on merging into traffic or making a turn, failing to observe beforehand the pedestrian that will be in their path when they do so.
- Dart-out pedestrian accidents. These crashes involve a pedestrian who suddenly darts out into the road, leaving the driver insufficient time to react, resulting in a collision. Often, this scenario involves children, but it does not necessarily mean the pedestrian was at fault. Firstly, if the pedestrian was a child or someone obviously incapacitated (particularly in a school zone or area where signs warning of children nearby have been posted), the driver has a responsibility to be appropriately cautious. Secondly, these collisions sometimes happen when the pedestrian is in a crosswalk, but the driver’s view of him/ her is blocked by a stopped vehicle.
- Backup pedestrian accidents. These crashes occur primarily in parking lots, parking garages, and driveways when a motorist backs up without first glancing behind them to make sure they are clear to do so.
In each of these cases, pedestrians may have grounds to pursue compensation. Likewise, bicyclists hit by a negligent driver are also considered pedestrians — contact a Fort Myers bicycle accident attorney for any legal assistance you need.
Schedule a Free Consultation With a Fort Myers Pedestrian Accident Lawyer Today
If you have been injured in a pedestrian accident, you may be entitled to recover compensation for your damages.
Our Fort Myers pedestrian accident lawyers have decades of experience protecting the rights of injury victims and recovering the maximum client compensation possible. We want to help you get the justice and compensation you deserve.
We look forward to meeting you, answering your questions, and explaining your options. If we represent you, we will work tirelessly to recover every dollar you deserve.
Call (239) 277-0005 or contact us online today to schedule a free consultation.