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3.7-6 Statutory Negligence - Left Turn
Revised to January 1, 2008
The plaintiff alleges that the
defendant made an improper left turn in violation of General Statutes §
14-242 (e). This statute states that "[t]he driver of a vehicle intending
to turn to the left within an intersection . . . shall yield
the-right-of-way to any vehicle approaching from the opposite direction
which is within the intersection . . . or so close to such intersection . .
. as to constitute an immediate hazard."
The statute is violated if the
driver fails to yield the right of way to a vehicle approaching from the
opposite direction and the approaching vehicle is either: 1) within the
intersection; or 2) is so close to the intersection to constitute an
immediate hazard.
A vehicle is so close to an
intersection to constitute an immediate hazard if a reasonably prudent
person in the driver's situation who is intending to make a left turn would
believe that if (he/she) did make the left turn there would be an immediate
danger or risk of a collision even though it might not be a certainty.
Therefore, if the plaintiff proves
by a preponderance of the evidence that the defendant failed to yield the
right of way when the plaintiff's vehicle was either: 1) within the
intersection; or 2) so close to the intersection to constitute an immediate
hazard, then you shall find that the defendant violated General Statutes §
14-242 (e).
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