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Auth., 11 witnesses testified that the plaintiff was in the crosswalk after having been struck by a bus. 10 The critical question is the location of the pedestrian when a vehicle begins to turn. 9 While a vehicle may proceed straight through or turn right or left on a green light, the driver must yield to pedestrians lawfully within the intersection. 8 It is important that the practitioner in any automobile case, be it plaintiff or defendant, scour the regulations to obtain a jury charge in her client's favor.Ī pedestrian in New York City may only cross a roadway at an intersection within a crosswalk. The New York City Traffic Regulations run the gamut from basic prohibitions ('No person shall operate a vehicle in a manner that will endanger any person or property ' 6 'No person shall sound the horn of a vehicle except when necessary to warn a person or animal of danger' 7) to the enumeration of the 30-plus holidays on which street cleaning rules are suspended.

While the regulations do not rise to the level of a statute, nonetheless, a violation of a regulation is considered 'some evidence' of negligence and will be charged as such to the jury. If the accident occurred within the five boroughs of the City of New York, an additional search must be made for any applicable sections of the New York City Department of Transportation Traffic Rules and Regulations, 4 a more detailed and specific set of rules uniquely formatted to apply only to the city.

In automobile cases, the statute generally violated would be a section of the New York State Vehicle and Traffic Law 3 (hereinafter the VTL). 1 Thus, the non-offending party would be entitled to a directed verdict on the issue of negligence 2 in the case of a trial or summary judgment on a motion (proximate cause, of course, could still be an issue). It is well established that if a violation of a statute is established at trial, the jury will be charged that the offending party was negligent.

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