Tennessee § 55-8-136 - Drivers to exercise due care.

§ 55-8-136. Drivers to exercise due care.

Notwithstanding the foregoing provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, and shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. Notwithstanding any speed limit or zone in effect at the time, or right-of-way rules that may be applicable, every driver of a vehicle shall exercise due care by operating the vehicle at a safe speed, by maintaining a safe lookout, by keeping the vehicle under proper control and by devoting full time and attention to operating the vehicle, under the existing circumstances as necessary in order to be able to see and to avoid endangering life, limb or property and to see and avoid colliding with any other vehicle or person, or any road sign, guard rail or any fixed object either legally using or legally parked or legally placed, upon any roadway, within or beside the roadway right-of-way including, but not limited to, any adjacent sidewalk, bicycle lane, shoulder or berm. A violation of this section is a Class C misdemeanor. Acts 1955, ch. 329, § 35; T.C.A., § 59-836; Acts 2005, ch. 198, § 1; 2011, ch. 192, § 1. Cross-References. Penalty for Class C misdemeanor, § 40-35-111 . Textbooks. Tennessee Forms (Robinson, Ramsey and Harwell), No. 1-8-5. Attorney General Opinions. Accidents themselves does not automatically mean that a motorist breached his or her duty of care under T.C.A. 55-8-136. An accident is evidence of the motorist's lack of due care only if the motorist failed to act as a reasonably prudent person would have acted under the existing circumstances. OAG 13-68, 2013 Tenn. AG LEXIS 67 (8/23/13). Even during periods of low visibility, a motorist's duty of care is governed by the reasonable-person standard. If a reasonable person would adjust his or her driving habits in order to meet the requirements of T.C.A. § 55-8-136 , the motorist must do the same. However, the adjustments necessary to meet the minimum level of reasonable care will vary depending upon individual circumstances. OAG 13-68, 2013 Tenn. AG LEXIS 67 (8/23/13).