Idaho Code

Idaho Code § 49-615 (2026)

Drivers to exercise due care. 

✓ current as of May 2026
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Drivers to exercise due care. 

Notwithstanding other provisions of this title or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and shall give an audible signal when necessary. Every driver shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.

Notes of Decisions
Cited in 3 cases, 1995–2015 · leading case: Rife v. Long, 908 P.2d 143 (Idaho 1995).
Rife v. Long, 908 P.2d 143 (Idaho 1995). · cites it 6× “§ 49-724 (I.C. § 49-615) is a Question for the Jury The Rifes argue I.”
State v. Nathan David Neal, 362 P.3d 514 (Idaho 2015). · cites it 4× “§ 49-614 (prohibiting drivers from obstructing passage of other vehicles, pedestrians or railroad trains at intersections, crosswalks, and railroad crossings); I.C. § 49-615 (drivers required to exercise due care to avoid striking pedestrians, bicyclists, and children); I.”
State v. Nathan David Neal (Idaho Ct. App. 2014). · cites it 2× “49-1401 (prohibiting reckless or inattentive driving). Plainly, the legislative purpose in drafting Section 49-637(1) was consistent with this general purpose.”
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