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Pedestrian Dies After Being Struck by Vehicle in Fort Myers; Driver Arrested for Homicide
A tragic accident in Fort Myers claimed the life of a pedestrian early Sunday morning after being struck by a vehicle on Palm Beach Boulevard. The Fort Myers Police Department (FMPD) confirmed that the collision occurred shortly before 2 a.m., prompting both directions of the roadway between Veronica S. Shoemaker Boulevard and Palm Beach Boulevard to be closed for several hours.
By Monday morning, authorities announced a major development in the investigation — the arrest of 25-year-old Tyler James Butler, who has been charged with homicide in connection to the fatal crash.
According to police, the crash happened in the early hours of October 5, 2025, when a pedestrian was struck by a vehicle while walking along Palm Beach Boulevard. Emergency responders arrived quickly, but the victim was pronounced dead at the scene.
After several hours of investigation and cleanup, authorities reopened the roadway later that morning. The Fort Myers Police Department has not yet released the name of the victim pending notification of next of kin.
In an update released on October 6, Fort Myers Police confirmed that Tyler James Butler, 25, was arrested in connection with the incident. Jail records from the Lee County Sheriff’s Office show Butler was booked on charges of homicide, though officials have not yet clarified whether alcohol, drugs, or reckless driving were contributing factors.
As of now, the case remains an active criminal investigation, and more details are expected as FMPD continues to review evidence and witness statements.
Understanding Legal Options After a Fatal Pedestrian Accident in Florida
Pedestrian accidents are among the most devastating types of crashes, often resulting in catastrophic or fatal injuries due to the lack of protection for those on foot. In cases like this, where a driver is arrested or faces criminal charges, surviving family members may also pursue civil remedies to recover damages through a wrongful death claim.
Under Florida’s Wrongful Death Act (§768.16–§768.26), the victim’s family has the right to seek compensation from the at-fault driver or their insurance company for the financial and emotional impact of the loss.
1. The Role of Criminal Charges in a Civil Case
While criminal charges like homicide or vehicular manslaughter focus on punishing the offender, a civil wrongful death claim is meant to compensate the victim’s family. Importantly, these two cases are separate — meaning that even if the driver is not convicted criminally, the family can still succeed in a civil case because the burden of proof is lower.
For example:
- In a criminal case, prosecutors must prove guilt beyond a reasonable doubt.
- In a civil case, the standard is a preponderance of the evidence — meaning it’s more likely than not that the defendant was negligent.
2. Establishing Liability in a Pedestrian Accident
Under Florida Statute §316.130, both drivers and pedestrians have duties on the road. Drivers must exercise due care to avoid hitting pedestrians, particularly in low-light conditions, school zones, or crosswalks.
To establish liability, the following elements must be proven:
- The driver owed a duty of care to operate their vehicle safely.
- The driver breached that duty (e.g., by speeding, driving under the influence, or being distracted).
- The breach caused the collision and resulting fatality.
- The death resulted in damages such as funeral expenses, loss of income, and emotional suffering.
If investigators determine Butler’s actions were reckless or intentional, it could significantly strengthen a civil claim and possibly justify punitive damages under Florida Statute §768.72.
3. Who Can File a Wrongful Death Claim in Florida?
In Florida, only the personal representative of the deceased person’s estate may file a wrongful death lawsuit, but they do so on behalf of surviving family members. Eligible beneficiaries may include:
- The deceased’s spouse
- Children or stepchildren
- Parents (especially in the case of a young or unmarried adult)
- Any dependent relatives
The personal representative will be responsible for distributing the recovered damages according to the statute.
4. Types of Compensation Available
Wrongful death claims can include a broad range of damages under Florida Statute §768.21, such as:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of support and services the deceased provided
- Loss of companionship and protection for spouses
- Mental pain and suffering for close relatives
- Lost earnings and future income potential
If criminal conduct is confirmed — such as DUI, street racing, or fleeing the scene — the court may also award punitive damages to punish the wrongdoer and deter similar behavior.
5. Importance of Early Legal Representation
Time is critical in wrongful death cases. Evidence such as surveillance footage, skid marks, vehicle data, and witness statements can quickly disappear. Under Florida Statute §95.11(4)(d), families generally have two years from the date of death to file a wrongful death claim, though exceptions may apply if criminal proceedings delay the process.
An experienced Fort Myers wrongful death lawyer can:
- Work with accident reconstruction experts to establish fault
- Obtain the full police and crash investigation report
- Negotiate with insurers to secure fair compensation
- File a lawsuit if the insurance company fails to act in good faith
Fatal pedestrian accidents are an all-too-common occurrence across Lee County and the state of Florida. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), over 750 pedestrians were killed in Florida in 2024 alone — one of the highest rates in the nation.
Cases like this highlight the importance of driver awareness, pedestrian safety measures, and aggressive legal action when negligence or reckless conduct causes a loss of life.
At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we understand how devastating it is to lose a loved one in a preventable accident. Our attorneys handle wrongful death and serious injury cases throughout Florida, including Fort Myers, Cape Coral, and Lee County.
If your family has lost someone in a pedestrian accident, you deserve justice and financial recovery.
Call (305) 638-4143 for a free consultation. We’ll walk you through your rights, handle the insurance negotiations, and fight to hold negligent drivers accountable.