Last updated: 9/30/2020
806. Comparative Fault Duty to Approach Crossing With Care
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Description
806. Comparative Fault?Duty to Approach Crossing With Care Instruction No 1 Request by Plaintiff Request by Defendant Requested by Given as Proposed Given as Modified Given on Court?s Motion Refused Withdrawn Judge Instruction No 1 A driver approaching a railroad crossing is required to use reasonable care to discover whether a train is approaching. The amount of care that is reasonable will depend on the circumstances. A railroad track is itself a warning of danger. If the driver?s view of approaching trains is blocked, he or she must use greater care than when the view is clear. If a bell or signal has been placed to warn drivers of danger, a driver is not required to use as much care as when there are no such warnings. However, even if the warning devices are not activated, a driver must use reasonable care in looking and listening for approaching trains. New September 2003; Revised December 2009
Related forms
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California Jury Instructions/08 Railroad Crossings/ -
California Jury Instructions/08 Railroad Crossings/ -
California Jury Instructions/08 Railroad Crossings/ -
California Jury Instructions/08 Railroad Crossings/ -
California Jury Instructions/08 Railroad Crossings/ -
California Jury Instructions/08 Railroad Crossings/
