42-4-807. Drivers to exercise due care.

Statute text

Notwithstanding any of the provisions of this article, 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 obviously confused or incapacitated person upon a roadway. Any person who violates any provision of this section commits a class A traffic infraction.

History

Source: L. 94: Entire title amended with relocations, p. 2355, 1, effective January 1, 1995.

Annotations

Editor's note: This section is similar to former 42-4-707 as it existed prior to 1994.

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 42-4-807 is similar to 42-4-707 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, a relevant case construing that provision has been included with the annotations to this section.

This section does not create strict liability for a driver. May v. Petersen, 2020 COA 75, 465 P.3d 589.

This section places a definite qualification upon the broad language of subsection (1) of 42-4-703. Allison v. Trustee, 140 Colo. 392, 344 P.2d 1077 (1959) (decided under similar provisions of law in effect prior to section 13-5-148, C.R.S. 1963).