§ 73.06  DRIVERS TO EXERCISE DUE CARE.
   Notwithstanding the foregoing provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway; 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.
(G.S. § 20-174)  Penalty, see § 70.99