확보된 전방 안전거리

법률 용어에서, 확보된 전방 안전거리(영어: Assured Clear Distance Ahead, ACDA) 또는 전방 안전거리 확보는 일반적으로 자동차나 선박과 같은 모든 육상 이동 장치가 정지할 수 있어야 하는 전방 거리를 의미한다. 이는 모든 운송 수단에 대한 주의 의무와 일반적인 주의를 규율하는 가장 기본적인 원칙 중 하나이며, 운전자가 적절하게 제어하고 있는지를 판단하는 데 자주 사용되며, 차량 사고 책임에 있어서 거의 보편적으로 암묵적인 고려 사항이다.^[1]^[2]^[3] 이 규칙은 귀중한 생명 손실과 엄청난 피해의 큰 가능성이 있는 중대성을 피하기 위한 예방적이고 사소한 부담이다.^[4] ACDA 규칙을 충족하는 것은 보다 일반화된 기본 속도 제한 법규를 준수하기 위해 필요하지만 충분하지 않으며, 따라서 이는 법원에서 특정 속도가 과실인지 여부를 판단하는 데 있어 일반인의 기준이자 사법적 시험으로 사용될 수 있지만, 안전함을 증명하지는 못한다.^[5] 공간적 주의기준으로서, 이는 또한 안전하지 않은 속도 법규가 모호하여 무효가 되지 않도록 금지된 행위에 대한 명시적이고 공정한 고지 역할을 한다. 이 개념은 사고 재구성 및 공학 분야로 확장되었다.

각주

↑ Lawyers Cooperative Publishing. 《New York Jurisprudence》. Automobiles and Other Vehicles. Miamisburg, OH: LEXIS Publishing. § 720쪽. OCLC 321177421. It is negligence as a matter of law to drive a motor vehicle at such a rate of speed that it cannot be stopped in time to avoid an obstruction discernible within the driver's length of vision ahead of him. This rule is known generally as the 'assured clear distance ahead' rule * * * In application, the rule constantly changes as the motorist proceeds, and is measured at any moment by the distance between the motorist's vehicle and the limit of his vision ahead, or by the distance between the vehicle and any intermediate discernible static or forward-moving object in the street or highway ahead constituting an obstruction in his path. Such rule requires a motorist in the exercise of due care at all times to see, or to know from having seen, that the road is clear or apparently clear and safe for travel, a sufficient distance ahead to make it apparently safe to advance at the speed employed.
↑ Leibowitz, Herschel W.; Owens, D. Alfred; Tyrrell, Richard A. (1998). 《The assured clear distance ahead rule: implications for nighttime traffic safety and the law》. 《Accident Analysis & Prevention》 30. 93–99쪽. doi:10.1016/S0001-4575(97)00067-5. PMID 9542549. The assured clear distance ahead (ACDA) rule holds the operator of a motor vehicle responsible to avoid collision with any obstacle that might appear in the vehicle's path.
↑ James O. Pearson (2009). 〈Automobiles: sudden emergency as exception to rule requiring motorist to maintain ability to stop within assured clear distance ahead〉. 《American Law Reports--Annotated, 3rd Series》 75. The Lawyers Co-operative Publishing Company; Bancroft-Whitney; West Group Annotation Company. 327쪽.
↑ Benjamin Preston (2016년 1월 8일). “Insurers Brace for a Self-Driving Future (and a Fading Need for Insurance).”. 《뉴욕 타임스》. B3면.
↑ Murray Carl Lertzman (1954). 《The Assured Clear Distance Ahead Rule in Ohio》. 《Case Western Reserve Law Review》 5. 77–83쪽. when an automobile collides with an obstruction on the highway it becomes important to determine whether the driver was exceeding a speed which would have permitted him to stop within his assured clear distance ahead...whenever a driver has collided with a readily discernible object located ahead of him and within his lane of travel for a substantial period of time, he has been held, as a matter of law, to have been negligent. Under such circumstances, the courts have indicated that the fact that a collision occurred furnishes evidence from which reasonable minds could only conclude that the driver was traveling at such a speed that he was unable to stop within the assured clear distance ahead

추가 자료: 3차 출처

ACDA 관련 법률 리뷰

James O. Pearson (2009). 〈Automobiles: sudden emergency as exception to rule requiring motorist to maintain ability to stop within assured clear distance ahead〉. 《American Law Reports--Annotated, 3rd Series》 75. The Lawyers Co-operative Publishing Company; Bancroft-Whitney; West Group Annotation Company. 327쪽.
W. R. Habeeb (2010). 〈Liability for motor vehicle accident where vision of driver is obscured by smoke, dust, atmospheric condition, or unclean windshield〉. 《American Law Reports--Annotated, 2nd Series》 42. The Lawyers Co-operative Publishing Company; Bancroft-Whitney; West Group Annotation Company. 13쪽.
Wade R. Habeeb (2009). 〈Liability or recovery in automobile negligence action as affected by driver's being blinded by lights other than those of a motor vehicle〉. 《American Law Reports--Annotated, 3rd Series》 64. The Lawyers Co-operative Publishing Company; Bancroft-Whitney; West Group Annotation Company. 760쪽.
Wade R. Habeeb (c. 2009). 〈Liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle〉. 《American Law Reports--Annotated, 3rd Series》 64. The Lawyers Co-operative Publishing Company; Bancroft-Whitney; West Group Annotation Company. 551쪽.
L. S. Tellier (2011). 〈Right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle〉. 《American Law Reports--Annotated, 2nd Series》 59. The Lawyers Co-operative Publishing Company; Bancroft-Whitney; West Group Annotation Company. 1202쪽.
〈"Assured clear distance" statute or rule as applied at hill or curve〉. 《American Law Reports--Annotated》 133. The Lawyers Co-operative Publishing Company; Bancroft-Whitney; West Group Annotation Company. 967쪽.
〈Application of "assured clear distance ahead" or "radius of lights" doctrine to accident involving pedestrian crossing the street or highway〉. 《American Law Reports--Annotated, 2nd Series》 31. The Lawyers Co-operative Publishing Company; Bancroft-Whitney; West Group Annotation Company. 1424쪽.
〈Driving automobile at speed which prevents stopping within range of vision as negligence〉. 《American Law Reports--Annotated, 2nd Series》. 44;58;87;97. The Lawyers Co-operative Publishing Company; Bancroft-Whitney; West Group Annotation Company. 1403;1493;900;546쪽.
〈Driver's failure to maintain proper distance from motor vehicle ahead〉. 《American Law Reports--Annotated, 2nd Series》 85. The Lawyers Co-operative Publishing Company; Bancroft-Whitney; West Group Annotation Company. 613쪽.
〈Motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam〉. 《American Law Reports--Annotated, 4th Series》 32. The Lawyers Co-operative Publishing Company; Bancroft-Whitney; West Group Annotation Company. 933쪽.
〈Duty and liability of vehicle driver blinded by glare of lights〉. 《American Law Reports--Annotated, 2nd Series》 22. The Lawyers Co-operative Publishing Company; Bancroft-Whitney; West Group Annotation Company. 292쪽.
〈Liability for killing or injuring, by motor vehicle, livestock or fowl on highway〉. 《American Law Reports--Annotated, 4th Series》 55. The Lawyers Co-operative Publishing Company; Bancroft-Whitney; West Group Annotation Company. 822쪽.
R. J. H. (January 1937). “The Uniform Motor Vehicle Act in Virginia”. 《Virginia Law Review》 23 (3): 351–358. doi:10.2307/1067282. JSTOR 1067282.
D. M. Postlewaite (1935). “Negligence -- Doctrine of Assured Clear Distance Ahead -- Statute as Subjective Test”. 《Law Journal of the Student Bar Association of the Ohio State University》 1 (3): 284–287. hdl:1811/72043. ISSN 0048-1572.
Thomas Stanton (July 1935). “Negligence and Contributory Negligence Per Se: The "Range of Vision" and "Blinding Lights" Rules in Automobile Accident Cases”. 《California Law Review》 23 (5): 498–506. doi:10.2307/3476106. JSTOR 3476106.
Myron L. Garon (Autumn 1952). “Recent Developments in California's Last Clear Chance Doctrine”. 《California Law Review》 40 (3): 404–411. doi:10.2307/3477930. JSTOR 3477930.
Murray Carl Lertzman (1954). “The Assured Clear Distance Ahead Rule in Ohio”. 《Case Western Reserve Law Review》 5 (1): 77–83.
Herbert A. Bernhard (December 1956). “Negligence: Breach of Duty: Assured Clear Distance Ahead Doctrine”. 《Michigan Law Review》 55 (2): 299–301. doi:10.2307/1285419. JSTOR 1285419.
Winston R. Day (December 1969). “Assured Clear Distance Doctrine in Louisiana”. 《Louisiana Law Review》 30 (1): 129–139.
Alfred A. Sniadowski; John De Mots; Charles S. Reddy; Frank E. Bright (1938). “Recent Decisions”. 《Notre Dame Law Review》 13 (4).
Richard M. Nixon (October 1936). “Changing Rules of Liability in Automobile Accident Litigation”. 《Law and Contemporary Problems》 3 (4): 476–490. doi:10.2307/1189341. ISSN 0023-9186. JSTOR 1189341.

기타 인쇄 자료

David A. Sklansky (2012년 2월 16일). 〈Ch.9,11,&12〉. 《Evidence: Cases, Commentary and Problems》 3판. Aspen Publishers. ISBN 9781454806820.
Marc Green; 외. (2008). 《Forensic Vision with Application to Highway Safety》 3판. Lawyers & Judges Publishing Company, Inc. 454쪽. ISBN 9781933264547.
J. Stannard Baker (1963). 《Traffic Accident Investigator's Manual for Police》 2판. The Traffic Institute, Northwestern University. 44–48, 162–167쪽. LCCN 62-20895.
《A Policy on Geometric Design of Highways and Streets》 6판. American Association of State Highway and Transportation Officials. 2011. ISBN 978-1560515081.
Brian Wolshon; Anurag Pande (2015). 《Traffic Engineering Handbook》 7판. Institute of Traffic Engineers. ISBN 978-1-118-76230-1.
John C. Glennon; Paul F. Hill (2004). 《Roadway Safety and Tort Liability》 2판. Lawyers & Judges Publishing Company, Inc. ISBN 978-1930056947.
National Cooperative Highway Research Program (1997). 《NCHRP Report 400: Determination of Stopping Sight Distances》 (PDF). Transportation Research Board (National Academy Press). ISBN 978-0-309-06073-8.
National Center for Statistics and Analysis (2015). 《2013 Traffic Safety Facts. Report No. DOT HS 812 139》 (PDF). Washington, DC: National Highway Traffic Safety Administration. 2015년 8월 11일에 원본 문서 (PDF)에서 보존된 문서.
Oliver Wendell Holmes Jr. (1881). 〈Online Version〉. 《The Common Law》. Little, Brown and Company.
Henry James Sumner Maine (1861). 〈Online Version〉. 《Ancient Law》. John Murray.

웹 리소스

[NY_Jur-1] Lawyers Cooperative Publishing. 《New York Jurisprudence》. Automobiles and Other Vehicles. Miamisburg, OH: LEXIS Publishing. § 720쪽. OCLC 321177421. It is negligence as a matter of law to drive a motor vehicle at such a rate of speed that it cannot be stopped in time to avoid an obstruction discernible within the driver's length of vision ahead of him. This rule is known generally as the 'assured clear distance ahead' rule * * * In application, the rule constantly changes as the motorist proceeds, and is measured at any moment by the distance between the motorist's vehicle and the limit of his vision ahead, or by the distance between the vehicle and any intermediate discernible static or forward-moving object in the street or highway ahead constituting an obstruction in his path. Such rule requires a motorist in the exercise of due care at all times to see, or to know from having seen, that the road is clear or apparently clear and safe for travel, a sufficient distance ahead to make it apparently safe to advance at the speed employed.

[Leibowitz&Herschel-2] Leibowitz, Herschel W.; Owens, D. Alfred; Tyrrell, Richard A. (1998). 《The assured clear distance ahead rule: implications for nighttime traffic safety and the law》. 《Accident Analysis & Prevention》 30. 93–99쪽. doi:10.1016/S0001-4575(97)00067-5. PMID 9542549. The assured clear distance ahead (ACDA) rule holds the operator of a motor vehicle responsible to avoid collision with any obstacle that might appear in the vehicle's path.

[75_ALR.3d_327-3] James O. Pearson (2009). 〈Automobiles: sudden emergency as exception to rule requiring motorist to maintain ability to stop within assured clear distance ahead〉. 《American Law Reports--Annotated, 3rd Series》 75. The Lawyers Co-operative Publishing Company; Bancroft-Whitney; West Group Annotation Company. 327쪽.

[material_cost_of_accidents-4] Benjamin Preston (2016년 1월 8일). “Insurers Brace for a Self-Driving Future (and a Fading Need for Insurance).”. 《뉴욕 타임스》. B3면.

[5] Murray Carl Lertzman (1954). 《The Assured Clear Distance Ahead Rule in Ohio》. 《Case Western Reserve Law Review》 5. 77–83쪽. when an automobile collides with an obstruction on the highway it becomes important to determine whether the driver was exceeding a speed which would have permitted him to stop within his assured clear distance ahead...whenever a driver has collided with a readily discernible object located ahead of him and within his lane of travel for a substantial period of time, he has been held, as a matter of law, to have been negligent. Under such circumstances, the courts have indicated that the fact that a collision occurred furnishes evidence from which reasonable minds could only conclude that the driver was traveling at such a speed that he was unable to stop within the assured clear distance ahead

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