5.30I Duty Of Care: Driver Of Motor Vehicle Proceeding Through An Intersection With A Flashing Amber Traffic Control Device model jury charge
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 driver’s conduct was negligent under the circumstances.
