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Evans v. Albina Transfer Co.11/7/1996
his statute informs the jury, in effect, "To drive negligently is negligence per se."
But similarly deficient is § 28-942, which requires a driver to use headlights at night "directed high enough and of sufficient intensity to reveal persons and vehicles for a safe distance." Neither statute provides a legislatively imposed substitute for the standard of the reasonable and prudent person. Id. Under each, to determine whether a violation has occurred, the jury must inquire into the surrounding circumstances and reasonableness of the driver's actions. Because neither statute sets forth a standard of conduct beyond the common law tort duty to act reasonably under the circumstances, neither provides an appropriate basis for an instruction on negligence per se. See Dahle, 725 P.2d at 1074.
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