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 acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at


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