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The fact that defendant's motor vehicle skidded, if you find that to be the
fact, should be taken into consideration in determining whether the defendant
exercised reasonable care in its operation, but does not, standing alone,
require that you find the defendant negligent. If, taking into consideration all
of the facts and circumstances existing at the time of the accident, including
the condition of the road and of the tires on the defendant's car, the condition
of the weather and the speed at which the defendant was operating (his, her)
vehicle, you decide that the defendant's car skidded because of (his, her)
failure to use reasonable care, you will find that (he, she) was negligent. If,
however, you decide that the skidding of the defendant's car was not caused by
(his, her) failure to exercise reasonable care, the fact that the car skidded
cannot be the basis of a finding that the defendant was negligent.
Comment:
The
mere fact of skidding raises an inference of negligence. Clearly however, not
all instances of skidding are the result of negligence. The
sudden emergency doctrine may give rise to evasive action resulting in skidding.
Skidding may also result in driving to fast for road conditions. The speed limit
is not always determinative of what a safe speed is. Roadway conditions such as
construction, and snow and ice may make a safe speed much lower than the speed
limit
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