The New York Pattern Jury Instructions (PJI) contain a number of provisions related to motor vehicle accidents. The pertinent section of the PJI will define the duty of care that is required of the parties and will often incorporate the relevant section(s) of the New York State Vehicle and Traffic Law (VTL).1 Given the breadth of scenarios covered by the PJI, there is likely to be a relevant charge in most automobile accident cases. Both plaintiff and defense counsel have a duty to scour the PJI in search of the proper provisions.
Motorists and Pedestrians
The PJI contains three sections pertaining to accidents that involve automobiles and pedestrians. Section 2:75 applies when a pedestrian is struck by a vehicle while crossing a roadway or highway.2 The section assigns a general duty of care and offers conditions under which each party shall be found negligent.
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