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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).

Authority

Affinito v. Daniels, 179 Conn. 388, 389-90 (1979); Randazzo v. Pitcher, 17 Conn. App. 471, 473-74 (1989).
 


 

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