William Acton was killed and Howard Creps was seriously injured when they were struck while walking in a crosswalk by a car driven by Christopher Bossio at the intersection of US 41 and Hale Rd.  Florida Statute 316.130, titled “Pedestrians, traffic regulations,” provides that “the driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.”  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).