N.C.P.I.—Crim. 270.61B

The defendant has been charged with unsafe backing causing

[property damage in excess of five thousand dollars ($5,000)] [[serious

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

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

must prove five things beyond a reasonable doubt:

First, that the defendant drove a vehicle on a [highway] [public

vehicular area];

Second, that the defendant backed the vehicle;

Third, that before backing the 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;

Fourth, that when the defendant backed the vehicle, there was a

motorcycle operator who was affected by this movement and defendant

caused this motorcycle operator to [change travel lanes] [leave that portion

of the highway designated as travel lanes];

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

[property damage in excess of five thousand dollars ($5,000)] [[serious

bodily 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 drove a vehicle on a [highway] [public

vehicular area] that the defendant backed the vehicle, that before backing

the vehicle, the defendant did not see that the movement could be made in

safety and without interfering with other traffic, that when the defendant

backed the vehicle there was a motorcycle operator who was affected by this

movement and defendant caused this motorcycle operator to [change travel

lanes] [leave that portion of the highway designated as travel lanes], and

that the defendant’s actions resulted in a crash causing [property damage in

excess of five thousand dollars ($5,000)] [[serious bodily 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.