§ 28-1 Motor Vehicles - General Charge

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 28-1 Motor Vehicles - General Charge

A. Common Law

Members of the jury, the State of South Carolina recognizes what is called common law. The common law of this State governs and controls the operation of motor vehicles and motorcycles. The common law rules of the road require the operator of a motor vehicle to use the streets and highways with due care, with a due regard for the like use of such streets and highways by others; that is to say, the common law of this State requires the exercise of due care, that degree of care which would have been exercised by a person of ordinary reason and prudence, operating the same vehicle at the same time and place, under the same circumstances. This common law duty includes that of maintaining a proper lookout for other vehicles or pedestrians which may be upon the highway. It includes the duty to...