Jayla Shubbar was seriously injured when she was struck by a car as she attempted to cross Busch Blvd near the intersection of Brooks St. Shubbar was apparently not in a crosswalk when she was struck. Cars in two of the three lanes had stopped to let Shubbar cross, but she was struck in the third lane. Florida Statute 316.130, titled “Pedestrians; traffic regulations,” requires pedestrians crossing a roadway at any point other than within a marked crosswalk to yield the right of way to vehicles on the roadway. Pedestrians are also required to cross a roadway at right angles to the curb or by the shortest route to the opposite curb. If adjacent intersections have traffic control signals or crosswalks, pedestrians are required to cross the roadway at one of the intersection crosswalks. Despite the pedestrians’ obligation to yield the right of way to vehicles when they are crossing the road at a place that does not have a crosswalk, drivers are required to exercise due care to avoid colliding with pedestrians, bicyclists, and children. Shubbar is 8 years old. 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). This is a situation where both the pedestrian and the driver of the car bear some responsibility for causing the accident.
