Ark. Code Ann. § 27-51-603 (2026)

Case Notes

Duty to Lookout.

Driver of truck about to enter highway from private driveway was under a duty to keep a proper lookout. Easley v. Inglis, 233 Ark. 589, 346 S.W.2d 206 (1961).

Instructions.

An instruction that the mere happening of an accident is not of itself evidence of negligence, even though there was uncontradicted proof that defendant had been negligent by failing to yield the right-of-way while pulling his vehicle from a private driveway into a public street, was not erroneous. Helton v. Missouri Pac. R.R., 260 Ark. 342, 538 S.W.2d 569 (1976).

Trial court should not have instructed the jury on comparative fault under § 16-64-122 in appellant's action for damages resulting from a car accident because appellee was required to yield the right of way under this section and appellant did not have a duty to anticipate his failure to yield. The fact that appellant allegedly admitted fault by stating that she was looking for a parking spot was irrelevant as she had no duty; rather it was appellee's duty to avoid the accident resulting from appellant hit appellee's car as he was backing out of a driveway onto the highway on which appellant was traveling. Bell v. Misenheimer, 102 Ark. App. 389, 285 S.W.3d 693 (2008), rev'd, 2009 Ark. 222, 308 S.W.3d 120 (2009).

Negligence.

A driver who enters a highway without first keeping a proper lookout for vehicles that might be traveling thereon is guilty of negligence. Sunday v. Burk, 172 F. Supp. 722 (W.D. Ark. 1959).

Driver guilty of negligence in entering upon highway from a private road without keeping a proper lookout for vehicle approaching on highway. Kelly v. United States, 230 F. Supp. 118 (W.D. Ark. 1964).

No Recovery.

Where trial judge heard parties testify and reached the conclusion that the contributory negligence of the parties was equal, neither party could recover against the other. Easley v. Inglis, 233 Ark. 589, 346 S.W.2d 206 (1961).