N.C.P.I.—Motor Vehicle 206.10

The motor vehicle law provides that the operator of a vehicle on a

[highway] [public vehicular area] before [starting] [stopping] [turning1

from a direct line], must do two things:

First, the operator must determine that the movement can be made

in safety; and

Second, if the operation of any other vehicle may be affected, the

operator must give a signal of the intention to [start] [stop] [turn] and

that signal must be plainly visible to the operator of such other vehicle.

(There is no duty to give a signal unless the operation of any other

vehicle may be affected).

It is not required that the circumstances be absolutely free from

danger, or that any operator be infallible. In determining whether the

[start] [stop] [turn] can be made with safety, and whether the signal

should be given, the operator has the right to assume, absent

circumstances indicating the contrary, that the operator of the affected

vehicle will maintain a proper lookout, drive at a lawful speed, and

otherwise exercise reasonable care to avoid collision with his vehicle.2

However, in determining whether the [start] [stop] [turn] can be made

with safety, and whether the signal should be given, the operator must

exercise that degree of care which a reasonably careful and prudent

person would exercise under all the circumstances then existing.

The signal, when required, may be given by hand and arm, or by a

mechanical or electrical device. [The signal for a stop must be

maintained or given continuously for the last 100 feet traveled before

stopping]. [The signal for a turn must be maintained or given

continuously for the last [100] [200]3 feet traveled before turning.]

(Hand and arm signals, when used, must be given by extending the

hand and arm from and beyond the left side of the vehicle: [for a left

turn, hand and arm horizontal, forefinger pointing] [for a right turn, hand

and arm pointed upward] [for a stop, hand and arm pointed downward.])

[Starting] [stopping] [turning] in violation of this motor vehicle law

is not negligence within itself. However, the evidence with regard to it is

to be considered with all the other facts in evidence in determining

whether the operator was negligent. This means that if the operator fails

to use that degree of care in [starting] [stopping] [turning] that a

reasonably careful and prudent person would exercise under all the

circumstances then existing, then such failure would be negligence.4