|
3.7-5 Statutory Negligence - Passing
Revised to January 1, 2008
Duty of overtaking driver:
We have a statute that provides that
the driver of a vehicle overtaking another vehicle proceeding in the same
direction shall pass to the left of the vehicle being overtaken at a safe
distance and shall not again drive to the right side of the highway until safely
clear of the overtaken vehicle.
The driver of the overtaking vehicle
shall not drive to the left side of the center of the highway unless the left
side is clearly visible and is free of oncoming traffic for a sufficient
distance ahead to permit the passing to be completely made without interfering
with the safe operation of any vehicle approaching from the opposite direction
or interfering with the safe operation of any vehicle being overtaken.
The plaintiff has the burden of
proving, by a fair preponderance of the evidence, that the defendant has
violated this statute.
Duty of overtaken driver:
We have a statute that provides that
the driver of a vehicle that is being overtaken shall give way to the right in
favor of the overtaking vehicle. The driver of the vehicle that is being
overtaken shall not increase the speed of this vehicle until (he/she) has been
completely passed by the overtaking vehicle.
Authority
|
