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3.7-8  Statutory Negligence - Lights

Revised to January 1, 2008

The plaintiff alleges that the defendant failed to display headlights [or illuminating devices] as required by General Statutes § 14-96a.  This statute requires that headlights [or illuminating devices] be used:  1) at any time from a half-hour after sunset to a half-hour before sunrise; 2) at any time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of five hundred feet ahead; and 3) at any time during periods of precipitation, including, but not limited to, periods of rain, snow or fog.

In this case, the plaintiff alleges that the defendant violated subsection <insert appropriate subsection(s) based on plaintiff's allegations and proof> of General Statutes § 14-96a in that the defendant did not use (his/her) lights at a time . . .  <insert factual basis of plaintiff's claim as it relates to violation of the subsection>.

Notes

Section 14-96a sets forth the general requirement that lights be displayed at certain times of the day or in response to weather conditions.  General Statutes §§ 14-96b through 14-96aa sets forth the specific statutory requirements governing head lamps, tail lights, reflectors, commercial vehicles, location, visibility, etc.  Specific reference should be made to the requirements of those provisions in accordance with the particular facts of the case.  This statute refers to "lighted lamps."  The court may alter the charge as necessary if lights referred to are other than headlights.
 


 

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