Notwithstanding any other provision of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.
(W.Va. Code § 17C-10-4) (1986 Code, § 371.04) Penalty, see § 77.99