Andra Glover was injured when she was hit by two cars at the intersection of Dr. Martin Luther King, Jr. Blvd and Central Ave. Glover was first struck by a car driven by Tiffany Werlinger, then she was struck by an SUV driven by Ulysses Williams. Glover was in the crosswalk, but reportedly crossed without a “walk” signal. Florida Statute 316.130, titled “Pedestrians; traffic regulations,” states that “a pedestrian shall obey the instructions of any official traffic control device specifically applicable to the pedestrian unless otherwise directed by a police officer.” Florida Statute 316.130 also provides 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 and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.” This statute entitles an injured pedestrian or bicyclist to a jury instruction at trial regarding a motorist’s responsibility to take evasive action. See Beeman v. Cosmides, 825 So. 2d 511 (Fla. 3d DCA 2002).
