22.0406 General duty of drivers.

Cite as [A.S.C.A. § 22.0406]

Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway.

History: 1972, PL 12-65.

Case Notes:

Statutory monition is expanded and enlarged in second clause to require the adoption of "proper precaution". In addition to "due care", when a child is observed on the road. Meredith v. Hartford Fire Ins, Co. ASR (1977).

Imposed a higher standard of care upon driver after having observed children along the road. Hartford Fire Ins., Co v. Meredith, ASR (1977).

Rebuttable presumption of incapacity is a necessary and proper safeguard to ensure the conduct of the child involved is evaluated. Hartford Fire Ins. Co. v Meredith, ASR (1977).

Drivers have an overriding duty to pedestrians, especially children, and a duty to refrain from careless driving. A.S.C.A. §§ 22.0406, 22.0701. Sciascia v. Lutali, 23 A.S.R.2d 38 (1992).

Drivers whose conduct might result in injury to a child have a duty to exercise proportional vigilance and caution. Sciascia v. Lutali, 23 A.S.R.2d 38. Drivers have an overriding duty to pedestrians, especially children, and duty to refrain from careless driving. A.S.C.A. §§ 22.0406, 22.0701. Sciascia v. Lutali, 23 A.S.R.2d 38 (1992).

Both motorists and pedestrians have a duty to exercise care on the roadway. A.S.C.A. §§ 22.0403, 22.0406, 22.0701. Alofipo v. Va, A.S.R.2d 119 (1992).

Drivers have an overriding duty to pedestrians, especially children, and a duty to refrain from careless driving. A.S.C.A. §§ 22.0406, 22.0701. Sciascia v. Lutali, 23 A.S.R.2d 38 (1992).

Drivers whose conduct might result in injury to a child have a duty to exercise proportional vigilance and caution. Sciascia v. Lutali, 23 A.S.R.2d 38. Drivers have an overriding duty to pedestrians, especially children, and a duty to refrain from careless driving. A.S.C.A. §§ 22.0406, 22.0701. Sciascia v. Lutali, 23 A.S.R.2d 38 (1992).

Both motorists and pedestrians have a duty to exercise care on the roadway. A.S.C.A. §§ 22.403, 22.0406, 22.0701. Alofipo v. Va, A.S.R.2d 119 (1992).