April 14, 2013 – Clearwater

Eric Becker was seriously injured when he was struck by a car driven by Nicole Capps at the intersection of Keene Rd and Nursery Rd.  Becker reportedly entered the cross walk on a red light before being struck.  Becker was crossing from west to east and Capps was driving northbound on Keene Rd, which means that Becker had crossed at least three lanes of traffic before he was struck.  Florida Statute 316.130 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).