ABA blog-New articles, Newsletters and Community Events: Civil Model Jury Charge 5.30I DUTY OF CARE: DRIVER OF MOTOR VEHICLE PROCEEDING THROUGH AN INTERSECTION WITH A FLASHING AMBER TRAFFIC CONTROL DEVICE

Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate and litigation topics.

He was awarded the NJ State State Bar Municipal Court Practitioner of the Year.

He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters.

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Thursday, December 28, 2017

Civil Model Jury Charge 5.30I DUTY OF CARE: DRIVER OF MOTOR VEHICLE PROCEEDING THROUGH AN INTERSECTION WITH A FLASHING AMBER TRAFFIC CONTROL DEVICE

5.30I Duty Of Care: Driver Of Motor Vehicle Proceeding Through An Intersection With A Flashing Amber Traffic Control Device(Revised 6/07)

http://www.judiciary.state.nj.us/civil/civindx.html

Our motor vehicle laws set forth a standard of conduct to be exercised by the driver of a motor vehicle while approaching and proceeding through an intersection controlled by a flashing amber traffic control device.

N.J.S.A. 39:4-119(b) provides:

Flashing amber: The amber lens when illuminated with rapid intermittent flashes shall indicate the presence of danger and require drivers to proceed only with caution.

The above provision requires that the motorist proceed only with caution when approaching and proceeding through an intersection controlled by a flashing amber traffic control device. This is a factor for you to consider in determining whether the drivers conduct was negligent under the circumstances.