3.7-12 Statutory Negligence - Driving in
Revised to January 1, 2008
The plaintiff alleges that the
defendant failed to drive on the right side of the highway in violation of
General Statutes § 14-230. Section 14-230 requires that vehicles be driven on
the right side of a two-lane highway except in certain situations. Under the
statute a driver may move from the right side of the highway:
when overtaking and passing another
vehicle proceeding in the same direction;
when overtaking and passing
pedestrians, parked vehicles, animals or obstructions on the right side of the
when the right side of a highway is
closed to traffic while under construction or repair.
When considering whether the defendant
violated this statutory section you should first determine if the defendant
failed to drive on the right side of the highway. If the defendant failed to
drive on the right side of the highway, you should then determine whether any of
the statutory exceptions existed. If you find that the plaintiff has proven by
a preponderance of the evidence that the defendant failed to comply with the
statute's requirements and that none of the exceptions apply, then the defendant
was negligent in violation of this statute.
General Statutes § 14-230 (a). This statute section does
not apply to a highway divided into three or more marked lanes for travel or one
which is designated and signposted for one-way traffic. See Maciejewska v.
Lombard Bros. Inc., 171 Conn. 35 (1976) (exception four of statute applied
because highway in question had three or more marked lanes for traffic).
Subsection (b) of the statute applies when a vehicle is proceeding at less than
the normal speed of traffic and subsection (c) applies to vehicles which exceed
the maximum width limitations. When these subsections apply, the charge should
be modified accordingly.