Del. P.J.I. Civ. § 6.6

COMMONLY CITED MOTOR VEHICLE STATUTES

[Plaintiff / defendant’s name] charges [defendant / plaintiff’s name] with

violation of the following statutes. If you find that a party has violated a statutory

provision, then the violation automatically amounts to negligence by that party.

{ If applicable, insert after the relevant statute to be cited}:

Before the violation of any traffic statute can be determined, it must first be

established whether, under the circumstances at the time of the accident, an ordinary,

prudent motorist would or should have been able to ascertain the duty to [describe

statutory duty]. If an ordinary, prudent driver would not have been able to ascertain

this duty, then a technical violation of a motor vehicle statute will be excused, and

there is no negligence as a matter of law. If an ordinary, prudent driver could or

should have been able to [describe statutory duty], then a violation of this motor

vehicle statute by [defendant / plaintiff’s name] automatically amounts to

negligence.