N.C.P.I.—Motor Vehicle 211.80

The operator of a motor vehicle who sees or in the exercise of

reasonable care should see [a child] [children] on or near the [highway]

[street] must exercise that degree of care which a reasonably careful and

prudent person would exercise under the same or similar circumstances.

Due care requires the operator to maintain a reasonable lookout and,

when necessary, to give a timely warning of his vehicle by sounding the

horn.

In determining whether the operator of a motor vehicle acted as a

reasonably careful and prudent person would act you may consider the

age of the child, whether the child was attended, whether the child

[darted] [rode a bicycle] out from a place of concealment, and all of the

other relevant circumstances existing at the time. In addition, you may

consider that the operator of a motor vehicle should recognize that

children have less discretion than adults and may act in obedience to

childish impulses.2

A failure to exercise that degree of care which a reasonably careful

and prudent person would exercise under the same or similar

circumstances is negligence.