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Tragically, pedestrian deaths are on the rise in Florida. According to a recent nationwide study conducted by Smart Growth America, Florida is the second most deadly state for pedestrians. Fort Myers and Cape Coral in particular are the 16th most dangerous metro areas for pedestrians in the country. North Port, Sarasota, and Bradenton follow close behind as the 17th most dangerous metro areas nationwide. Recent pedestrian accidents have occurred in or near Fort Myers at:

• Intersection of Fowler Street and Winkler Avenue  
• Palm Beach Boulevard near Veronica Shoemaker Boulevard
• State Road 82 near Corkscrew Road
• Intersection of North Tamiami Trail and Mariana Avenue
• Lee Boulevard near Xelda Avenue
• Intersection of US-41 and Judd Road

Pedestrians are entitled to share the road with motorists, and because of their limited ability to avoid an accident, motorists are required under Florida law to do everything they can to avoid colliding with a pedestrian or bicyclist. There are several Florida laws that are designed to protect the safety of all pedestrians in the sunshine state.

It should be no surprise that many pedestrian accidents occur when vehicles at intersections fail to stop before entering the crosswalk as required by Florida Statute section 316.130(7)(a), or by failing to yield to pedestrians on a sidewalk when exiting a private road or building, such as a parking lot. Florida Statute section 316.185 also requires drivers to drive below the speed limit where special hazards exist or may exist with respect to pedestrians. 

If the pedestrian is a child, the law holds the driver to an even higher standard of care. A driver must be on the lookout where the driver knows or should know that children might be in the area, such as near school grounds, parks, playgrounds, residential communities, and other similar areas. They must exercise a very high degree of care because small children are obviously unpredictable and prone to run in any direction at any time and lack the ability to exercise care for their own safety. This means that in some cases, a driver may be held liable even if they did not see the child before the accident. 

Not all pedestrian accidents involve collisions with motor vehicles. Pedestrians can also be injured when a person on a bicycle hits a pedestrian and causes injuries. Florida Statute section 316.2065 requires bicyclists to yield the right of way to pedestrians and give an audible signal before overtaking them. Golf carts must also yield the right of way under Florida Statute section 316.2126. Persons operating a mobility device such as a scooter must also yield to pedestrians under Florida Statute section 316.2068. Finally, personal delivery devices and mobile carriers (robots) must yield to pedestrians under Florida Statute section 316.2071. Essentially, anything larger than a human being must yield to pedestrians. In any accident, if the operator of any of these modes of transportation is found to have violated any traffic statute, this fact alone is evidence that the driver was negligent and at fault for the collision.

No matter what rule applies to a pedestrian in any given circumstance, Florida Statute section 316.130(15) requires that “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary…” As stated by the Florida Driver’s Handbook, this means that “it is the motorist’s responsibility to do everything possible to avoid colliding with any pedestrians.” 

Here are some helpful tips from Fort Myers Pedestrian Accident Lawyer Attorney Randall Spivey: 

1. Drivers must be alert to avoid colliding with a pedestrian. Always scan and be observant in areas where pedestrians may be present. If a pedestrian is nearby, reduce your speed and give them space.  
2. Expect the unexpected. A pedestrian may be near the edge of the road or may step out to cross. Being alert can save a life. Before drivers turn, they must make sure no pedestrians are in or near an area where they may be crossing.  
3. Children may dart into the road. As drivers, we must be alert to kids, reduce our speed, and give them space.    

Additionally, the driver may not be the only person at fault. The design of a street or intersection, such as a lack of proper lighting, sidewalks, designated crosswalks, or other traffic control devices often contribute to causing an accident.  A certain intersection or street may see multiple pedestrian crashes, putting the state or city in control of the roadway on notice that the area is dangerous to pedestrians. If they knew or should have known that the roadway was dangerous, either during its design and construction or afterward, they may be liable for any injuries or deaths that occur there. In addition, pedestrian accidents frequently occur in parking lots owned by private businesses. If similar pedestrian accidents have happened there before, or a particular layout of the parking lot or building creates an increased risk that an accident will occur (for example, failing to put up a stop sign), the private business may also be liable. In these complicated situations, it’s important to hire an experienced Fort Myers pedestrian accident attorney so that the circumstances of the accident can be fully investigated to identify all potentially liable parties.  

The laws of Florida are designed to protect the abundance of pedestrians in our state. Collisions involving pedestrians can be catastrophic and can sometimes involve complicated legal issues as discussed above. An experienced Fort Myers pedestrian accident attorney can help guide pedestrians who have been the victims of negligence regarding their rights under Florida law. 

Our Fort Myers pedestrian accident attorneys are here to make sure that you are fully protected to the greatest extent of the law. “If you or a loved one is injured when walking because of the negligence of another, please contact Spivey Law Firm, Personal Injury Attorneys, P.A. after seeking medical attention. We have a great deal of experience assisting victims of pedestrian accidents. We are available to assist you 24/7, and there are no costs or attorney’s fees until we receive a monetary recovery for you,” said Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

Fort Myers Pedestrian Accident Lawyer  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys.  For a free and confidential consultation to discuss your legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839. Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.