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 in 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 that it was not, you should not find [plaintiff] [defendant] negligent in this respect.

NEV J.I. 5.01A

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at