Jury Instruction When Defendant Proceeds on Green Light Without Due Care
Even if a driver has a green light, they must still give way to vehicles that are lawfully in the intersection and who have not been able to completely cross the street. A motorist who enters an intersection recklessly without looking out for traffic is guilty of negligence.
Too many accident lawyers fail to realize that in Maryland, a motorist may be guilt of negligence even though he or she has a green light. The problem is that lawyers fear left turn cases because they see too many defense verdicts. But there are situations where the smart lawyer can prevail on a left hand turn auto accident case. Maryland attorneys should seek this jury instruction in auto accident cases where the Plaintiff is taking a left hand turn on an orange light or a light that just turned red. For Maryland personal injury lawyers arguing this instruction to a the trial judge, use the following holdings from the cases below in making your argument:
The mere fact that driver has a green light does not relieve her from the duty of giving way to vehicles already lawfully in the intersection. Baltimore Transit Co. V. Presberry, 233 Md. 480, 226 A.2d 540 (1967).
When given the green light or any other signal to proceed, drivers must exercise reasonable care and caution to avoid running into any cars or pedestrians who have not been able to get completely across the street. Heffner v. Admiral Tax Serv., Inc., 196 Md. 465, 77 A.2d 127 (1950).
If a motorist enters an intersection recklessly without looking out for traffic in the intersection, he is guilty of negligence, even though he has the green light or other signal to proceed. Heffner v. Admiral Tax Serv., Inc., 196 Md. 465, 77 A.2d 127 (1950).