NEVADA PATTERN JURY INSTRUCTION

Range of Vision (Nev. J.I. 5.01)

It is the duty of a driver of a motor vehicle, using a public highway in the nighttime, to be vigilant at all times and to drive at such rate of speed and to keep his vehicle under such control that to avoid a collision, he can stop with the distance the highway is illuminated by its lights.

However, in Stiff v Holmes, 85 Nev. 73, 450 P.2d 153 (1969), the court indicated that the “range of vision” instruction should not be given when the motorist could not have observed the danger until after the limits of the illumination by the headlights of his automobile had passed over it. And it has been noted that courts have become increasingly reluctant to make an automatic and inflexible application of the rule that a motorist must not outrun the headlights and instead have tended to view the rule as a guide and factor in determining whether the motorist exercise d due care as to speed and control in light of all the circumstances.

As a result of the foregoing the authors of the Nevada Pattern Jury Instructions suggest that if any range of vision instruction is to be given perhaps Nev. J.I. 5.01A may be a more current statement of the rule.

Range of Vision (Nev. J.I. 5.01A)

A motorist ordinarily has a duty to drive an automobile on a public highway in such a manner that he can stop in time to avoid a collision with an object (within range of his vision) (within the area lighted by his headlights), and he is negligent if he fails to do so.

A motorist is not, however, negligent where the object cannot be observed by the exercise of ordinary care in time to avoid a collision.

It is for you to determine from all the facts and circumstances shown by the evidence whether or not the object was or was not visible or discernible by the exercise of ordinary care in time for (plaintiff) (defendant) to avoid a collision. If you find that it was, you should find (plaintiff) (defendant) negligent; if you find it was not, you should not find (plaintiff) (defendant) negligent in this respect.

Sometimes it is necessary for counsel to get expert witnesses in order to make the Range of Vision instruction useful for their case.

Sam Harding Law Firm, your Las Vegas, Nevada auto accident attorney wants you to know about the laws pertaining to auto accidents in Nevada.

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