N.C.P.I.—Motor Vehicle 211.75

The law provides that a pedestrian with the right-of-way has a duty

to exercise ordinary care for his own safety, which includes the keeping of

a reasonable lookout. However, he is not required to anticipate that the

operator of a motor vehicle will fail to obey the law by not yielding him

the right-of-way. He may assume, even up to the last moment, that an

operator will obey the law and yield the right-of-way. If, however, the

circumstances put or should put the pedestrian on notice that an operator

might fail to yield the right-of-way, the pedestrian must heed that notice

and exercise ordinary care for his own safety.2

A pedestrian's failure to notice that the operator might fail to yield

the right-of-way is not negligence within itself. However, the failure to

notice that the operator might fail to yield the right-of-way and failure to

exercise ordinary care for his own safety when, under the same or similar

circumstances, a reasonably careful and prudent person would have taken

notice and exercised ordinary care for his own safety, would be

negligence.