As you drive through the Stamford, Connecticut intersection, where you have the right of way, an elderly driver runs a red light and rams into the
side of your car. You and your passengers are seriously injured and are taken to the hospital. Your lives will never be the same again. But how did this happen? Are there no restrictions on elderly drivers operating a motor vehicle where their faculties are clearly impaired? What parties are responsible for your significant injuries? The questions race through your mind as you try and make sense as of this horrible accident.
One of the issues that might be present in your case is the Duty of Foreseeability. The law provides as follows:
A duty to use care exists when a reasonable person, knowing what the defendant here either knew or should have known at the time of the challenged conduct, would foresee that harm of the same general nature as that which occurred here was likely to result from that conduct. If harm of the same general nature as that which occurred here was foreseeable, it does not matter if the manner in which the harm that actually occurred was unusual, bizarre or unforeseeable.
Another issue might involve the right of way at an intersection. A CT jury charge might be given as follows:
The plaintiff alleges that the defendant failed to grant the right of way to the plaintiff in violation of General Statutes § 14-245.1 This statute states that "[e]ach driver of a vehicle approaching an intersection shall grant the right-of-way at such intersection to any vehicle approaching from his right when such vehicles are arriving at such intersection at approximately the same time, unless otherwise directed by a traffic officer." Vehicles are considered to be arriving at the intersection at approximately the same time if a person of ordinary prudence, in the exercise of due care, would reasonably believe that if the two vehicles continued to run at the rate of speed at which they are then operating, there would be a risk of collision. If there is such a risk, then the driver on the left must grant
the right of way to the other.
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