N.C.P.I.—Crim. 270.61A

The defendant has been charged with causing [property damage]

[personal injury] to a motorcycle [operator] [passenger].

For you to find the defendant responsible for this infraction, the

State must prove six things beyond a reasonable doubt:

First, that the defendant was the driver of a vehicle;

Second, that the vehicle was on a highway;

Third, that the defendant backed this vehicle and that this backing

could not be made with safety and without interfering with other traffic;

Fourth, that before backing this vehicle, the defendant did not see

that the movement could be made in safety; It is not required that the

circumstances be absolutely free from danger. In determining whether

the driver can back with safety, the driver has the right to assume, in the

absence of circumstances indicating the contrary, that other drivers will

exercise reasonable care to avoid colliding with the driver’s vehicle;

Fifth, that when the defendant backed this vehicle there was a

motorcycle operator who may be affected by this movement and

defendant caused this motorcycle operator to [change travel lanes] [leave

that portion of any highway designated as travel lanes];

And Sixth, that the defendant’s actions resulted in a crash causing

[property damage] [personal injury] to a motorcycle [operator]

[passenger].

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant was the driver of a vehicle, that

the vehicle was on a highway, that the defendant backed this vehicle and

that this backing could not be made with safety and without interfering

with other traffic, that before backing this vehicle, the defendant did not

see that the movement could be made in safety, that when the

defendant backed this vehicle there was a motorcycle operator who may

be affected by this movement and defendant caused this motorcycle

operator to [change travel lanes] [leave that portion of any highway

designated as travel lanes], and that the defendant’s actions resulted in

a crash causing [property damage] [personal injury] to a motorcycle

[operator] [passenger], it would be your duty to return a verdict of

responsible. If you do not so find or have a reasonable doubt as to one

or more of these things it would be your duty to return a verdict of not

responsible.