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Personal Injury Litigation: Miscellaneous Driving Rules
Transportation Law: Private Motor Vehicles: Traffic Regulation
In addition to rules regarding parking a motor vehicle, starting and stopping a motor vehicle, signaling and turning a motor vehicle, and the right-of-way of a motor vehicle, most vehicle and transportation codes contain other driving rules with regard to motor vehicles. Such rules include railroad crossings, mountain driving, and rules with regard to passengers.
A driver has a duty to exercise reasonable care at a railroad crossing. The driver must also yield the right-of-way to any train that is approaching the railroad crossing. Although the driver may not have the duty to stop his or her vehicle at the railroad crossing, the driver has a duty to look in both directions in order to yield the right-of-way to an approaching train.
If a railroad crossing is protected by a warning system, such as flashing lights or a signal arm, a driver must exercise reasonable care with regard to the railroad crossing. Although the driver may reasonably rely on the warning system, he or she nevertheless has a duty to exercise reasonable care, such as slowing down or looking to see if a train is approaching.
When driving in the mountains, a driver must keep his or her vehicle under control at all times and must drive as close to the right side of the highway or roadway as possible. If the width of the highway or roadway does not permit another vehicle to pass, the driver must sound his or her horn when he or she is approaching a blind curve. The driver who is descending a grade must yield the right-of-way to vehicles that are ascending the grade. If necessary, the driver must back his or her vehicle to a place where the other vehicles may pass.
A driver may not drive a vehicle when there are so many passengers in the vehicle that the driver's view from the vehicle is obstructed or that the driver cannot maintain control over the vehicle. The driver also cannot drive a vehicle with any objects or materials that would obstruct or reduce the driver's view from the vehicle.
A driver may not allow a passenger to ride on his or her vehicle or on any part of the vehicle that is not intended or designed for the use of passengers. Both the driver and the passenger may be found negligent for such a violation.
Copyright 2011 LexisNexis, a division of Reed Elsevier Inc. |
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