Assured clear distance ahead

Source: Wikipedia, the free encyclopedia.

In legal terminology, the assured clear distance ahead (ACDA) is the distance ahead of any terrestrial

void for vagueness.[9][10][11] The concept has transcended into accident reconstruction and engineering.[12]

This distance is typically both determined and constrained by the proximate edge of clear visibility, but it may be attenuated to a margin of which beyond hazards may reasonably be expected to spontaneously appear. The rule is the specific spatial case of the common law basic speed rule,[13] and an application of volenti non fit injuria. The two-second rule may be the limiting factor governing the ACDA, when the speed of forward traffic is what limits the basic safe speed, and a primary hazard of collision could result from following any closer.[2][3]

As the original

right-of-way statutes by staying clear of roadway.[16][17]

As common law rule or statute

Origins

As with the genesis of most legal doctrine governing problems which precede a legislative solution, the ACDA principle generally originates to decisional

Present

Horses may still be expected to use the roadways, as well bicycles and automobiles.

statutes which typically require that no person shall drive any motor vehicle in and upon any public road or highway at a greater speed than will permit him to bring it to a stop within the assured clear distance ahead."[4][13] Decisional law usually settles the circumstances by which a portion of the roadway is assuredly clear without it being mentioned in statute.[2] States where the judiciary has explicitly established the state's ACDA law include Indiana,[40] Iowa,[27] Kansas,[41] Louisiana,[42][43] Michigan,[44][45][46] New York,[47] North Carolina,[14] Ohio,[26][48] Tennessee,[22][49] Vermont,[50] Wisconsin,[21][51] and California.[52][53][15][54][55]

Many states have further passed

statutes which require their courts to more inflexibly weigh the ACDA in their determination of reasonable speed or behavior. Such statutes do so in part by designating ACDA violations as a citable driving offense, thus burdening an offending driver to rebut a presumption of negligence. States with such explicit ACDA standard of care provisions include: Iowa,[56] Michigan,[57] Ohio,[58] Oklahoma,[59] Pennsylvania,[60] and Texas.[61]

States which apply the principle by statute to watercraft on navigable waterways include all 174 member states of the International Maritime Organization,[62] notwithstanding membership: Great Britain and its common law inheriting Commonwealth of Nations,[18][19] The United States,[5][20][25] Florida,[63] Hawaii,[64] Illinois,[65] Louisiana,[66] Michigan,[67] Montana,[68] Oregon,[69] Texas,[70] and West Virginia.[71]

Most state-issued and some Canadian driver handbooks instruct or mention the ACDA rule as required care or safe practice.[1][72][73][74][75][76][77][78]

Explicit ACDA statutes and regulations,[79] especially those of which create a citable driving or maritime offense, are aimed at preventing harm that could result from potentially negligent behavior—whereas the slightly more obscure common law ACDA doctrine is most easily invoked to remedy actual damages that have already occurred as a result of such negligence. Unsafe speed statutes are immune from being void for vagueness[11] when they contain explicit ACDA clauses. Explicit and implicit ACDA rules govern millions of North American drivers.

Universal standard of care

Not all jurisdictions have applied the rule uniformly, most often differing over exceptions for specific "sudden emergencies". There has been an increased interest in the ACDA codified as a universal

self-driving cars,[84][12] safe cities and multi-use movements,[85][86][87][88][89][90][91][92][93][94][95] and a movement to reduce claims by speeders against governments for "dangerous conditions" when operating speeds exceed a road's inferred design speed.[96]

Collision liability has historically benefited the law profession by being cloaked as a mixture of fact and law, but with EDR's precisely preserving "a state of facts" often repeated with differing trial outcomes, collisions are less a question of fact, but of law.[80][81][97][98][99] Electronic access to precise EDR data and rulings with new ideological modeling tools, can now expose judges as consistent political advocates for differing special road user interests.[100][101][102][103] Furthermore, the law needs to be clear, precise, and uniform[104][105] at a national level for the panoply of automobile manufacturers with the strict liability for their programming of law-abiding self-driving vehicles.[84][12] It is foreseeable that two self-driving car makes can collide because their algorithm of the law letter is different;[84] a resolvable issue that has been troubling human drivers for decades. The ACDA is a standard with descriptive mathematics, much of which are used in reverse by road engineers when designing or re-engineering roads to a speed criteria—for which its users were expected to follow.[106]

Determining the ACDA

Static ACDA

Forward "line-of-sight" distance

Prima facie maximum speed vs. "line-of-sight" distance.[107]
Permitted by good tires and clean, dry, level, pavement.

The range of visibility of which is the de facto ACDA, is usually that distance before which an ordinary person can see small hazards—such as a

20/20 vision. This distance may be attenuated by specific conditions such as atmospheric opacity,[108] blinding glare,[109] darkness,[1][110] road design,[111][112] and adjacent environmental hazards including civil and recreational activities,[13] horse-drawn vehicle,[37] ridden animal,[37] livestock,[37] deer,[113] crossing traffic,[15] and parked cars. The ACDA may also be somewhat attenuated on roads with lower functional classification.[114][13][112]
This is because the
ordinary care can be assured that a road will be clear; such reduction in the ACDA is readily apparent from the conditions, even when a specific access point or the traffic thereon is not.[115][Note 1] Furthermore, even though a through-driver may typically presume all traffic will stay assuredly clear when required by law, such driver may not take such presumption when circumstances provide actual knowledge under ordinary care that such traffic cannot obey the law.[115] During times of darkness, commercial vehicles can see ahead about 250 feet with low beams, and about 350–500 feet with high beams.[1] This clear distance corresponds to a maximum safe speed of 52 mph and 65-81 mph respectively on dry pavement with good tires,[107][116] which is attenuated further by convex and lateral road curvature; safe speed is always dynamic. Non-commercial vehicles have even shorter lighting distances.[116] Drivers commonly drive the maximum posted speed limit at night, often in violation of the ACDA rule[116][110][46][108] and this shows up in accident data.[117][3]

Intersections
Visual limits of drivers entering intersection from a stop
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