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3.7-5  Statutory Negligence - Passing

Revised to January 1, 2008

Duty of overtaking driver:
We have a statute that provides that the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the vehicle being overtaken at a safe distance and shall not again drive to the right side of the highway until safely clear of the overtaken vehicle. 

The driver of the overtaking vehicle shall not drive to the left side of the center of the highway unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or interfering with the safe operation of any vehicle being overtaken. 

The plaintiff has the burden of proving, by a fair preponderance of the evidence, that the defendant has violated this statute. 

Duty of overtaken driver:
We have a statute that provides that the driver of a vehicle that is being overtaken shall give way to the right in favor of the overtaking vehicle.  The driver of the vehicle that is being overtaken shall not increase the speed of this vehicle until (he/she) has been completely passed by the overtaking vehicle.

Authority

General Statutes § 14-232.
 


 

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