Super Lawyers Rising Stars
Top 100 Settlements, Motor Vehicle Accidents - 2019
America's Top 100 Attorneys
Million Dollar Advocates Forum
Miami Dade, Trial Lawyers Association
American Association for Justice

Pedestrian Killed After Being Struck by Van While Lying in Roadway in Volusia County

Michael T. Flanagan, Esq.

A 37-year-old man died Wednesday night after he was struck by a van while lying in the roadway in Volusia County, according to the Florida Highway Patrol.

The fatal crash remains under investigation as troopers work to determine the circumstances that led to the tragic incident.

What We Know About the Crash

According to the Florida Highway Patrol, the collision occurred shortly after 10:15 p.m. on July 15, 2026, at the intersection of Spring Garden Avenue and Douglas Avenue in Volusia County.

Investigators reported that:

  • A 63-year-old DeBary man was driving a 2020 Ford Transit van northbound on Spring Garden Avenue.
  • As the van approached Douglas Avenue, the driver encountered a 37-year-old man lying in the middle of the inside northbound lane.
  • The van struck the pedestrian.
  • The pedestrian was transported to a nearby hospital, where he later died from his injuries.

Authorities have not released the identity of the victim pending notification of his family.

The van driver was not injured and remained at the scene following the collision.

Investigation Remains Ongoing

The Florida Highway Patrol continues to investigate what caused the pedestrian to be lying in the roadway before the collision.

At this time, investigators have not released information regarding:

  • Why the pedestrian was in the travel lane.
  • Whether impairment or a medical emergency may have been factors.
  • Lighting and visibility conditions at the time of the crash.
  • Whether any roadway hazards contributed to the incident.

Troopers are expected to review all available evidence before determining the cause of the crash.

As part of the investigation, authorities may examine:

  • Witness statements.
  • Surveillance or nearby security camera footage.
  • Physical evidence from the roadway.
  • Vehicle damage.
  • Crash scene measurements.
  • Roadway lighting and environmental conditions.

Pedestrian collisions that occur after dark are among the most challenging crashes to investigate.

Even when a pedestrian is outside of a designated crosswalk or in an unexpected location, investigators must still carefully evaluate every aspect of the incident before determining whether negligence contributed to the crash.

Factors commonly examined include:

  • Driver speed.
  • Visibility and roadway lighting.
  • Driver attentiveness.
  • Whether evasive action was possible.
  • Weather conditions.
  • Roadway design.
  • Vehicle lighting and mechanical condition.

Every fatal pedestrian accident requires an individualized investigation based on the available evidence.

A fatal pedestrian collision may give rise to a wrongful death claim if the investigation determines that another party’s negligence contributed to the crash.

Under Florida’s Wrongful Death Act (Florida Statutes §§768.16–768.26), eligible surviving family members may be entitled to pursue compensation for:

  • Funeral and burial expenses.
  • Medical expenses incurred before death.
  • Loss of financial support and future earnings.
  • Loss of companionship, guidance, and protection.
  • Mental pain and suffering for qualifying survivors.
  • Other damages authorized under Florida law.

Although the Florida Highway Patrol has stated that the driver remained at the scene and is cooperating with investigators, that fact alone does not determine civil liability. Likewise, the fact that a pedestrian may have been lying in the roadway does not automatically prevent a thorough investigation into whether other contributing factors existed.

Florida follows a comparative negligence system, meaning liability is determined after considering all of the facts and circumstances surrounding the collision.

Potentially liable parties vary from case to case and may include negligent motorists, commercial entities, government agencies responsible for roadway maintenance, or other individuals whose actions contributed to the incident.

Preserving Evidence Is Essential

Evidence collected immediately after a fatal pedestrian crash is often critical to understanding what occurred.

Important evidence may include:

  • Surveillance and traffic camera footage.
  • Witness statements.
  • Police reports.
  • Crash scene photographs.
  • Vehicle inspection records.
  • Accident reconstruction findings.
  • Roadway lighting documentation.
  • Medical records and emergency response reports.

Preserving this evidence promptly helps ensure investigators and families have the most complete picture possible of the events leading to the collision.

Investigation Continues

The Florida Highway Patrol continues to investigate the fatal pedestrian crash in Volusia County.

Additional information, including the identity of the victim and the final findings of the investigation, may be released as authorities complete their review.

Remembering the Victim

Any loss of life on Florida’s roadways is a heartbreaking tragedy. We extend our sincere condolences to the victim’s family, friends, and loved ones during this difficult time and hope the ongoing investigation provides them with answers about the circumstances surrounding this fatal crash.

Client Reviews

When faced with the repercussions of a personal injury, choosing the right lawyer for the work ahead is absolutely imperative. When this daunting task fell upon me following a motor vehicle accident, obtaining attorney Zachary Bodenheimer was the BEST decision...

Josh N.

Thank you all for your efforts, often in today's world, it seems everything is about money and people don't seem to care about others. I felt that this was not the case with you and I felt always that you had my best interests at heart and looked out for me...

A.S

Michael Flanagan and his team were so supportive while handling my case. What I appreciated the most about working with Michael was his honesty and his no nonsense approach at getting the very best for his clients. I'm so pleased with how my case was resolved...

Talia M.

When It Counts

Fill out the contact form or call us at 305-638-4143 to schedule your free consultation.

Free Case Review Schedule Your Appointment Today

By providing your phone number, you agree to receive text messages from Flanagan & Bodenheimer. Message and data rates may apply. Message frequency varies.