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AMI 904 Right of Way—Uncontrolled Intersection

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 904
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 9. Rules of the Road
AMI 904 Right of Way—Uncontrolled Intersection
When vehicles are approaching an intersection from different [highways][streets], the driver of a motor vehicle must yield the right of way to another driver who, in the exercise of ordinary care, has already entered the intersection.
If vehicles are approaching an intersection from different [highways][streets] at such relative speeds and distances from the intersection that both vehicles will enter the intersection at about the same time, then the law requires the driver of the vehicle on the left to yield the right of way to the vehicle on the right.
A violation of these rules governing the approach to an intersection, although not necessarily negligence, is evidence of negligence to be considered by you along with all of the other facts and circumstances in the case.
NOTE ON USE
This instruction should be followed by AMI 909. It is recommended that this instruction be given in lieu of Ark. Code Ann. § 27-51-501 in the format of AMI 903.
Do not use this instruction if an authorized emergency vehicle is involved. See AMI 913 and 914.
COMMENT
This instruction is based on Ark. Code Ann. § 27-51-501 and the holding in Jarrett v. Matheney, 236 Ark. 892, 370 S.W.2d 440 (1963).
The language of the instruction which provides that a motorist must exercise ordinary care in acquiring right of way is based on the holdings in Menser v. Danner, 219 Ark. 130, 240 S.W.2d 652 (1951), and East v. Woodruff, 209 Ark. 1046, 193 S.W.2d 664 (1946).
A private road is not a “highway” within the meaning of Arkansas statutory rules of the road. In some instances the jury may have to decide whether a particular road is a “highway.” Glover v. Dixon, 285 Ark. 140, 688 S.W.2d 930 (1985).
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