20-128. Pedestrian using cane or service animal; driver of vehicle; duties; violation; damages.

In addition to the provisions of sections 28-1313 and 28-1314, the driver of a vehicle approaching a pedestrian who is totally or partially blind and carrying a cane predominantly white or metallic in color or using a service animal or a pedestrian who is deaf or hard of hearing or a pedestrian with a disability who is using a service animal shall take all necessary precautions to avoid injury to such pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused such pedestrian. A pedestrian who is totally or partially blind and not carrying such a cane or using a service animal or a pedestrian who is deaf or hard of hearing or a pedestrian with a disability who is not using a service animal in any of the places, accommodations, or conveyances listed in section 20-127 shall have all of the rights and privileges conferred by law upon other persons, and the failure of a pedestrian who is totally or partially blind to carry such a cane or to use a service animal or of a pedestrian who is deaf or hard of hearing or of a pedestrian with a disability to use a service animal in any such places, accommodations, or conveyances does not constitute and is not evidence of contributory negligence.

Source:Laws 1971, LB 496, § 3; R.S.Supp.,1971, § 43-635; Laws 1978, LB 748, § 2; Laws 1980, LB 932, § 3; Laws 1997, LB 254, § 4; Laws 2008, LB806, § 7; Laws 2019, LB248, § 2; Laws 2021, LB540, § 6.