Tennessee Code 55-8-136 – Drivers to exercise due care
Current as of: 2010 | Check for updates | Other versions
(a) 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.
Terms Used In Tennessee Code 55-8-136
Driver: means every person who drives or is in actual physical control of a vehicle. See Tennessee Code 55-8-101
misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
Motor vehicle: means every vehicle, including a low speed vehicle or a medium-speed vehicle that is self-propelled, excluding motorized bicycles, and every vehicle, including a low speed vehicle or a medium speed vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Tennessee Code 55-8-101
Pedestrian: means any person afoot or using a motorized or non-motorized wheelchair. See Tennessee Code 55-8-101
Person: means every natural person, firm, copartnership, association or corporation. See Tennessee Code 55-8-101
Property: includes both personal and real property. See Tennessee Code 1-3-105
Right-of-way: means the privilege of the immediate use of the roadway. See Tennessee Code 55-8-101
Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
Roadway: means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Tennessee Code 55-8-101
Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
(b) Notwithstanding any speed limit or zone in effect at the time, or right of way rules that may be applicable, every driver of a motor vehicle shall exercise due care to avoid colliding with any other motor vehicle, either being driven or legally parked, upon any roadway, or any road sign, guard rail or any fixed object legally placed within or beside the roadway right of way, by operating the motor vehicle at a safe speed, by maintaining a safe lookout, by keeping the motor vehicle under proper control and by devoting full time and attention to operating the motor vehicle, under the existing circumstances to avoid endangering life, limb or property.