Tennessee Code Annotated
Tenn. Code Ann. § 55-8-136 (2026)
Drivers to exercise due care
✓ current as of May 2026
- (a) Notwithstanding the foregoing provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, and shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.
- (b) Notwithstanding any speed limit or zone in effect at the time, or right-of-way rules that may be applicable, every driver of a vehicle shall exercise due care by operating the vehicle at a safe speed, by maintaining a safe lookout, by keeping the vehicle under proper control and by devoting full time and attention to operating the vehicle, under the existing circumstances as necessary in order to be able to see and to avoid endangering life, limb or property and to see and avoid colliding with any other vehicle or person, or any road sign, guard rail or any fixed object either legally using or legally parked or legally placed, upon any roadway, within or beside the roadway right-of-way including, but not limited to, any adjacent sidewalk, bicycle lane, shoulder or berm.
- (c) A violation of this section is a Class C misdemeanor.
Acts 1955, ch. 329, § 35; T.C.A., § 59-836; Acts 2005, ch. 198, § 1; 2011, ch. 192, § 1.
Notes of Decisions
Cited in 38
cases (13 in the last 5 years), 1990–2026 · leading case: Hickman v. Jordan, 87 S.W.3d 496 (Tenn. Ct. App. 2001).
Hickman v. Jordan, 87 S.W.3d 496 (Tenn. Ct. App. 2001). “” Tenn.Code Ann. § 55-8-136 (1998). The Code further provides: “The driver of a vehicle shall not back such vehicle unless such movements can be made with reasonable safety and without interfering with other traffic.”
Eden W. ex rel. Evans v. Tarr, 517 S.W.3d 691 (Tenn. Ct. App. 2015). “Tenn.Code Ann. § 55-8-136 (2012). The Tennessee Code provides: (a) Notwithstanding the foregoing provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, and shall give warning by sounding the horn…”
Kim v. Boucher, 55 S.W.3d 551 (Tenn. Ct. App. 2001). “T.C.A. § 55-8-136 (1998). In the case at bar, it is obvious that the testimony establishes that both parties are guilty of some degree of negligence; but, under these circumstances, the finders of fact should make the determination of the percentage of the degree of fault of…”
Kelley v. Johnson, 796 S.W.2d 155 (Tenn. Ct. App. 1990). “Johnson violated Tenn.Code Ann. §§ 55-8-136 and -143 (1988).”
Ammons v. Bonilla, 886 S.W.2d 239 (Tenn. Ct. App. 1994). “Plaintiff further avers that defendants were negligent in driving without lights and without using a turn signal, and that defendants violated T.C.A. §§ 55-8-136, 55-8-143, 55-8-140 and 55-8-142.”
Gary/Kathryn Norman v. Vicki/Ray Prather, 971 S.W.2d 398 (Tenn. Ct. App. 1997). “Whether T.C.A. § 55-8-136 and T.C.A. § 55-8-135 requires a presumption that the pedestrian is no more than 49% hable in a vehicle pedestrian collision.”
Reginald M. Younger v. Kibreab Kidane Okbahhanes (Tenn. Ct. App. 2021). “” Although Defendant acknowledges in his reply brief that “a violation of Tenn. Code Ann. § 55-8-136 may constitute a criminal offense,” he argues on appeal that a traffic citation is not a legally adequate charging instrument and that being issued a traffic citation and paying…”
State of Tennessee v. Cedrick Dewayne Whiteside (Tenn. Crim. App. 2019). “§ 55-50-504 ; and count five, failing to exercise due care in violation of Tenn. Code Ann. § 55-8-136 . Defendant’s reckless endangerment charge was dismissed nolle prosequi prior to trial.”
Robert D. Gray v. Andy B. Roten, II & Gary B. Roten (Tenn. Ct. App. 2011). “Whether the trial court erred in failing to find that Andy Roten violated Tenn. Code Ann. § 55-8-136 ? 2. Whether the trial court erred in finding that Mr.”
State of Tennessee v. Espiridion Evangelista Kolimlim, III (Tenn. Crim. App. 2022). “OPINION Defendant, a truck driver with a California commercial driver’s license, was issued a traffic citation on May 8, 2019, by a Tennessee State Trooper for failing to exercise due care in a traffic accident in violation of Tennessee Code Annotated section 55-8-136.…”
Sandra Easley v. City of Memphis (Tenn. Ct. App. 2025). “See Tenn. Code Ann. § 55-8-136 (b) (providing that drivers have a duty to “maintain[] a safe lookout” and “avoid colliding with any other vehicle or person” “[n]otwithstanding any .”
Royal v. Cox Transp. Servs., Inc. (W.D. Tenn. 2025). “…Safety Act Regulations (“FMCSRs”), namely 49 C.F.R. § 392.22 (b); four statutes of the State of Tennessee, namely Tenn. Code Ann. §§ 55-8-136 , 55-8-158, 55-8-160, and 55-10-205; three ordinances of Shelby County Code §§ 24-116, 24-184, and 24-187; one Memphis City…”
— Tenn. Code Ann. § 55-8-136(a) — 1 case
Royal v. Cox Transp. Servs., Inc. (W.D. Tenn. 2025). “…Safety Act Regulations (“FMCSRs”), namely 49 C.F.R. § 392.22 (b); four statutes of the State of Tennessee, namely Tenn. Code Ann. §§ 55-8-136 , 55-8-158, 55-8-160, and 55-10-205; three ordinances of Shelby County Code §§ 24-116, 24-184, and 24-187; one Memphis City…”
— Tenn. Code Ann. § 55-8-136(b) — 5 cases
Donnie Trammell v. D'eddrick Peoples (Tenn. Ct. App. 2017).
State of Tennessee v. Samantha Gadzo (Tenn. Crim. App. 2018).
State of Tennessee v. Kimberly Ann Phillips (Tenn. Crim. App. 2015).
State of Tennessee v. Deborah Jean Weston (Tenn. Crim. App. 2016).
State of Tennessee v. Cedrick Dewayne Whiteside (Tenn. Crim. App. 2019). “§ 55-50-504 ; and count five, failing to exercise due care in violation of Tenn. Code Ann. § 55-8-136 . Defendant’s reckless endangerment charge was dismissed nolle prosequi prior to trial.”
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