AMI 911 Pedestrians and Motorists—Common Right to Use the Streets and Highways

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 911

Arkansas Model Jury Instructions-Civil

December 2023 Update

Arkansas Supreme Court Committee On Jury Instructions-Civil

Chapter 9. Rules of the Road

AMI 911 Pedestrians and Motorists—Common Right to Use the Streets and Highways

Streets and highways are available for the use of both pedestrians and motorists. The driver of a motor vehicle must anticipate the presence of pedestrians on streets and highways and use ordinary care to avoid injuring them. Pedestrians are required to anticipate the presence of motor vehicles and to use ordinary care for their own safety.

COMMENT

This instruction is based on the holdings in Williamson v. Garrigus, 228 Ark. 705, 310 S.W.2d 8 (1958) (pedestrian jaywalking), and Haralson v. Jones Truck Line, 223 Ark. 813, 270 S.W.2d 892 (1954) (pedestrian on highway). It cannot be said as a matter of law that it is negligent to walk in the street where there is no sidewalk. Yocum v. Holmes, 222 Ark. 251, 258 S.W.2d 535 (1953).

It was error to refuse this instruction in a wrongful death action arising from death of a 13-month-old child who had wandered into the street and was struck by defendant’s automobile. Moore v. Rye, 255 Ark. 469, 500 S.W.2d 751 (1973). See Thomas v. Newman, 262 Ark. 42, 49, 553 S.W.2d 459, 463 (1977) (“A person operating a vehicle and seeing children ahead must exercise care … commensurate with the danger to be anticipated.”).

That the defendant, driving at night with his headlights on bright, did not see a pedestrian near the center line of the highway until just before the pedestrian was struck by the left front fender and headlight was evidence that the driver was not keeping a proper lookout for pedestrians. Kelly v. Cessna, 282 Ark. 408, 668 S.W.2d 944 (1984).

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