Enrique Ortiz was killed when he was struck by a car driven by Gladys Devos on Perrine Ranch Rd near Old Farm Rd. Florida Statute 316.130, titled “Pedestrians, traffic regulations,” 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).
