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3.7-12  Statutory Negligence - Driving in Right-Hand Lane

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:

  1. when overtaking and passing another vehicle proceeding in the same direction;

  2. when overtaking and passing pedestrians, parked vehicles, animals or obstructions on the right side of the highway;

OR

  1. 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.

Authority

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.
 


 

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