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AMI 905 Right of Way—Stop Intersection

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 905
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 9. Rules of the Road
AMI 905 Right of Way—Stop Intersection
Drivers on different [streets][highways] who are approaching an intersection which is protected by a stop sign have certain duties under the law.
The law requires that the driver of a vehicle approaching a stop sign shall stop, and, after having stopped, shall yield the right of way to any vehicle on the through [street][highway] which has entered the intersection or which is approaching so closely as to constitute an immediate hazard. When [he][she] has so yielded and has time to move safely across the entire intersection [he][she] may then proceed, and the drivers of all other vehicles approaching the intersection shall yield the right of way to [him][her].
A driver using a through [street][highway] has a right to assume, until the contrary is or reasonably should be apparent, that another driver will obey a stop sign, and acting on that assumption, [he][she] is not required to slow down or bring [his][her] vehicle under such control as to be able to stop in order to avoid a collision.
A violation of these rules of law governing right of way at a stop intersection, although not necessarily negligence, is evidence of negligence to be considered by you along with all 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. § 27-51-503(b) in the format of AMI 903.
Do not use this instruction if an authorized emergency vehicle is involved. See AMI 913 and 914.
COMMENT
The second paragraph of this instruction is based on Ark. Code Ann. § 27-51-503. The third paragraph of this instruction is based on the holding in Shroeder v. Johnson, 234 Ark. 443, 352 S.W.2d 570 (1962).
This instruction was cited with approval in Lawson v. Stephens, 241 Ark. 407, 407 S.W.2d 917 (1966).
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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