5.30D Violation Of Traffic Act
In this case, in support of the charge of negligence made, it is asserted that the defendant violated a provision of the motor vehicle laws. The provision referred to is known as N.J.S.A. ________ and reads as follows: ________ The statute in question has set up a standard of conduct for the users of our streets and highways. If you find that the defendant has violated that standard of conduct, such violation is evidence to be considered by you in determining whether negligence, as I have defined that term to you, has been established. You may find that such violation constituted negligence on the part of the defendant, or you may find that it did not constitute such negligence. Your finding on this issue may be based on such violation alone, but in the event that there is other or additional evidence bearing upon that issue, you will consider such violation together with all such additional evidence in arriving at your ultimate decision as to defendant’s negligence.
1. Evidence of Negligence
In this case, in support of the charge of negligence made, it is asserted that the defendant violated a provision of the motor vehicle laws. The provision referred to is known as N.J.S.A. ____ and reads as follows: _________________.
Now the statute in question has set up a standard of conduct for the users of our streets and highways. If you find that the defendant has violated that standard of conduct, such violation is evidence to be considered by you in determining whether negligence, as I have defined that term to you, has been established. You may find that such violation constituted negligence on the part of the defendant, or you may find that it did not constitute such negligence. Your finding on this issue may be based on such violation alone, but in the event that there is other or additional evidence bearing upon that issue, you will consider such violation together with all such additional evidence in arriving at your ultimate decision as to defendant’s negligence.
2. Violation of Motor Vehicle Act is Negligence
Defendant denies that he/she violated this section of the motor vehicle laws and makes the following contention concerning the operation of his/her motor vehicle: ____________________________________________________.
The statute in question establishes a standard of conduct for motorists using our streets and highways. If you find that defendant has violated this statute by following another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon and condition of the highway, such conduct is negligence on defendant’s part.
