NC · jury_instructions
N.C.P.I.—Motor Vehicle 104.40
CONTRIBUTORY NEGLIGENCE-DOCTRINE OF SUDDEN EMERGENCY.
A person who, through no negligence of his own1, is suddenly and
unexpectedly confronted with imminent danger to himself or to others,2
whether actual or apparent, is not required to use the same care that
would be required if there were more time to make a decision. The
person's duty is to use that degree of care which a reasonable and
prudent person would use under the same or similar circumstances.3 If,
in a moment of sudden emergency, 4 a person makes a decision that a
reasonable and prudent person would make under the same or similar
circumstances, he does all that the law requires, even if in hindsight a
different decision would have been better or safer.5
History
N.C.P.I.—Motor Vehicle 104.40 (June 2008). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
295737518637bbc73b8d1f68b538136b21ee7c82be9d13c4ca0bbdc7ed5f7c8f
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