• 1986 - Duty of Driver Having Right-of-Way
  • C-3.22
    • Motor Vehicles
    • Right-of-way
    • Tort Liability
    • Tort Liability
  • The driver of a vehicle having the right-of-way has a right to assume that the driver of a less-favored vehicle will [obey a stop sign guarding the entry to a through highway and] respect the right-of-way of the favored vehicle. This right is one that must be exercised reasonably and not recklessly. Accordingly, the driver of the favored vehicle must keep such look-out for other vehicles, [persons, and things] as a person of ordinary prudence would have under similar circumstances.

     

    The driver of the favored vehicle may not continue to rely upon the foregoing assumption after circumstances arise from which a person of ordinary prudence would conclude that the driver of the less-favored vehicle was about to disregard [the stop sign and] the favored vehicle's right-of-way.

     

    Whether the conduct of the driver of the favored vehicle was reasonable or negligent in the light of what the driver saw or should have seen is a question of fact for you to determine.

    • 12.1-21-07
    • Anderson v. Schreiner, 94 NW2d 294 (ND 1959)
    • Heid v. Shafer, 140 NW2d 584 (ND 1966)
    • Kelmis v. Cardinal Petroleum Co., 156 NW2d 710 (ND 1968)
    • Knutz v. Stelmachuk, 136 NW2d 810 (ND 1965)
    • Saterland v. Fieber, 91 NW2d 623 (ND 1958)
    • Umland v. Frendberg, 63 NW2d 295 (ND 1954)
    • Zettle v. Lutovsky, 7 NW2d 180 (ND 1942)
  • Notes: