CHAPTER 5

MOTOR VEHICLES

T.P.I. - Civil

Number

A. Duty of Driver

Duty of Driver	5.01

Right of Way Defined	5.02

Right of Way May Be Waived	5.03

Through Highway or Yield Intersection - Immediate Hazard Defined	5.04

Intersection Controlled by Traffic Light	5.05

Close Following	5.06

Turning a Vehicle	5.07

Left Turn - Immediate Hazard Defined	5.08

Definition of Roadway	5.09

B. Pedestrians

General Duty	5.20

Pedestrians - Right of Way	5.21

Change of Signal After Crossing Begun	5.22

C. Passengers

Duty of Passenger	5.30

Fault of Driver not Imputed to Passenger	5.31

D. Emergency Vehicles

Authorized Emergency Vehicle Exemption	5.40

Test of Emergency	5.41

Emergency Vehicles - Duty of Others	5.42

E. Negligent Entrustment

Negligent Entrustment	5.50

T.P.I. - CIVIL 5.01

DUTY OF DRIVER

Each driver has a duty to drive with reasonable care, considering the hazards of weather, road, traffic and other conditions.

Each driver is under a duty to maintain a reasonably safe rate of speed; to keep the automobile [vehicle] under reasonable control; to keep a proper lookout under the existing circumstances; to see and be aware of what is in that driver's view; [and] to use reasonable care to avoid an accident [and to obey the traffic laws.].

T.P.I. - CIVIL 5.02

RIGHT OF WAY DEFINED

The term "right of way" means the privilege given by law to one person over another for the immediate use of the same space on a roadway. However, a person who has the right of way is not excused from using reasonable care to avoid an accident.

T.P.I. - CIVIL 5.03

RIGHT OF WAY MAY BE WAIVED

A person who has the right of way may give it up. Or, that person may act in a way that suggests to a reasonably careful person that the right of way is being or has been given up.

T.P.I. - CIVIL 5.04

THROUGH HIGHWAY OR YIELD INTERSECTION

IMMEDIATE HAZARD DEFINED

For purposes of this statute [Tenn. Code Ann. § 55-8-130], an immediate hazard exists whenever a reasonably careful driver should realize that another vehicle, if it continued in the same direction and at the same speed, would probably collide with the driver's vehicle if the driver entered the intersection.

T.P.I. - CIVIL 5.05

INTERSECTION CONTROLLED BY TRAFFIC LIGHT

The traffic laws require the driver of a vehicle to obey an official traffic control device.

[Proper parts of Tenn. Code Ann. § 55-8-110 may be read.]

Any driver who enters an intersection against the red light in violation of the law is negligent.

A green light is an invitation to proceed. A driver having the green light has the right to assume that cross traffic has a red light and that those drivers will obey the law and stop. However, a driver having a green light is still required to use reasonable care under the circumstances. The driver should not proceed, if the driver, using reasonable care, sees or should see, that another vehicle is in the intersection or so near to it that a collision is likely unless the driver slows or stops.

T.P.I. - CIVIL 5.06

CLOSE FOLLOWING

A driver is required to comply with Tenn. Code Ann. § 55-8-124 that provides:

The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

A driver following another vehicle must stay far enough from the vehicle in front so that the driver can stop in the clear space between the vehicles if the vehicle in front is stopped with due care.

T.P.I. - CIVIL 5.07

TURNING A VEHICLE

A driver is not required to know that there is absolutely no chance of an accident before turning from a direct course or moving to the left or right on a public roadway. A driver is required to use the precaution that would satisfy a reasonably careful person that the turn or movement can be made safely under the circumstances.

T.P.I. - CIVIL 5.08

LEFT TURN

IMMEDIATE HAZARD DEFINED

For purposes of this statute [Tenn. Code Ann. § 55-8-129], an immediate hazard exists whenever a reasonably careful driver who intends to turn left should realize that a collision would probably occur at some point during the turn if the driver does not yield the right of way to an oncoming vehicle approaching from the opposite direction and continuing in the same direction and at the same speed.

T.P.I. - CIVIL 5.09

DEFINITION OF ROADWAY

A roadway is that part of a highway improved, designed, or ordinarily used for vehicular traffic, exclusive of the berm or shoulder.

T.P.I. - CIVIL 5.20

GENERAL DUTY

Every person using a public roadway, whether as a pedestrian or as a driver of a vehicle, has a duty to exercise reasonable care at all times to avoid an accident. A pedestrian is a person traveling on foot.

T.P.I. - CIVIL 5.21

PEDESTRIANS - RIGHT OF WAY

A pedestrian crossing a roadway has certain rights and duties when crossing at a marked or unmarked crosswalk.

[An unmarked crosswalk is an unmarked portion of an intersection created by the imaginary lengthening or connection of sidewalk boundary lines where the roadways meet at approximately right angles [over which a pedestrian normally walks in crossing from a sidewalk on one side of a roadway to a sidewalk on the other side.]]

[A marked crosswalk is any portion of a roadway at an intersection or elsewhere that is lined or marked on the surface.]

Drivers of all vehicles must give up the right of way to a pedestrian who is crossing within a marked crosswalk or an unmarked crosswalk at an intersection. However, a pedestrian crossing a roadway at a marked or unmarked crosswalk still must exercise reasonable care for the pedestrian's own safety. [A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.]
A pedestrian who crosses at any place other than within a marked or unmarked crosswalk is required to give up the right of way to all vehicles upon the roadway. However, a driver of a vehicle must exercise reasonable care to avoid colliding with any pedestrian upon the roadway.

T.P.I. - CIVIL 5.22

CHANGE OF SIGNAL AFTER CROSSING BEGUN

At an intersection where traffic is controlled by a special pedestrian control signal, the following rules apply: If a pedestrian starts to cross when permitted by a signal and the signal changes during the crossing, the pedestrian is not required to stop or return to the original point of crossing. The pedestrian should go to a sidewalk or safety island.

In other words, when the signal changes, a pedestrian is required to use reasonable care for the pedestrian's own safety.

T.P.I. - CIVIL 5.30

DUTY OF PASSENGER

A passenger has a duty to take action for self protection from danger only:

(1)	When it is apparent that the passenger can no longer rely upon the driver for protection, [as when the driver's conduct shows incompetence to drive or when the driver is unmindful or does not know of a danger known to the passenger]; and

(2)	If the passenger becomes aware of the danger at a time and under circumstances when the passenger could have prevented the harm.

T.P.I. - CIVIL 5.31

FAULT OF DRIVER NOT

IMPUTED TO PASSENGER

A claim has been made by a passenger of a motor vehicle, (passenger) , against (third person) . The passenger was riding in a motor vehicle driven by (driver) . You may not charge any fault on the part of the passenger's driver to the passenger.

T.P.I. - CIVIL 5.40

AUTHORIZED EMERGENCY

VEHICLE EXEMPTION

The driver of an authorized emergency vehicle has certain protections when the driver:

1.	Is using the required audible and visual signals; and

2.	Is [responding to an emergency call] [pursuing an actual or
suspected violator of the law] [responding to, but not returning from, a	fire alarm].

If these requirements are met, the authorized emergency vehicle may: [park where necessary] [proceed past a red traffic signal or stop sign, after slowing down as necessary for safe operation] [exceed the speed limit so long as neither life nor property is endangered] [disregard normal requirements controlling the direction of traffic movements or turning directions].

However, even if these requirements are met, the driver of an authorized emergency vehicle is not relieved of the duty to drive with due regard for the safety of all persons using the highway. The driver is not protected if the driver acts with either knowledge that serious injury to another will probably result or with reckless disregard for the possible results. The question to be asked is, "What would a reasonably careful emergency driver do under all of the circumstances, including that of the emergency?"

[It has been established in this case that the vehicle driven by the defendant, _____________, was an authorized emergency vehicle.]

T.P.I. - CIVIL 5.41

TEST OF EMERGENCY

The test to determine whether an emergency vehicle was being driven in response to an emergency call is whether the driver had received a report or request that reasonably would justify the driver's belief that an emergency existed requiring a response in the line of duty. The test is not whether an emergency in fact existed.

T.P.I. - CIVIL 5.42

EMERGENCY VEHICLES

DUTY OF OTHERS

Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals, other motorists must:

1.	Yield the right of way; and

2.	Immediately drive to a position parallel to, and as close as
possible to, the right-hand edge or curb of the roadway clear of
any intersection; and

3.	Stop and remain stopped until the authorized emergency vehicle
has passed.

A driver who fails to take these precautions is negligent.

T.P.I. - CIVIL 5.50

NEGLIGENT ENTRUSTMENT
An owner of a motor vehicle is legally responsible for the fault of another if:

(1)	The owner gives permission to the person to use the vehicle; and

(2)	The owner knows, or from the facts known to the owner should know, that the user is [under the influence of intoxicants or drugs] [a reckless driver] [or] [an incompetent driver]; and

(3)	The [intoxication] [recklessness] [or] [incompetence] of the person permitted to use the vehicle is a legal cause of the injuries to the plaintiff.

[The failure to have a driver's license is not in and of itself evidence of the driver's incompetence as a driver. That evidence, however, may be considered in connection with all other evidence for the limited purpose of determining if the owner knew or from the facts known to the owner should have known that the owner was entrusting the vehicle to one who was not a competent driver.]