MS · jury_instructions

Proposed Mississippi Plain Language Model Jury Instructions - Civil 3813

Rules of the Road - Pedestrian’s Duty to Yield to Motor Vehicles When Not Crossing in a Marked Crosswalk - Affirmative Defense - General Instruction and Verdict Form

activein force · 2012-02-17 – presentas-observed

Standard of Care

A pedestrian who crosses a road at any point other than in a marked crosswalk or in an

unmarked crosswalk at an intersection has a duty to yield the right-of-way to a motor vehicle

driving on the road.

General Instruction

[Name of defendant] claims that [he/she/it] is not legally responsible for [name of

plaintiff]’s damages because [name of plaintiff] failed to yield the right-of-way to [name of

defendant]. To establish this defense, [name of defendant] must prove all of the following are

more likely true than not true:

1. [Name of defendant] was driving on __________ [specify the road];

2. [Name of plaintiff] failed to yield the right-of-way to [name of defendant] by crossing or

attempting to cross __________ [specify the road] at a point other than in a marked crosswalk or

in an unmarked crosswalk at an intersection;

3. [Name of plaintiff] suffered damages as a result of [name of plaintiff]’s failure to yield the

right-of-way to [name of defendant]; and

4. [Name of plaintiff]’s failure to yield the right-of-way to [name of defendant] was a substantial

factor in causing [name of plaintiff]’s damages.

Verdict Form

We answer the questions submitted to us as follows:

1. Was [name of defendant] driving on __________ [specify the road]?

YES _______ NO _______

If your answer to question 1 is YES, then answer question 2. If you answered NO, stop

here and tell the bailiff.

2. Did [name of plaintiff] fail to yield the right-of-way to [name of defendant] by crossing or

attempting to cross __________ [specify the road] at a point other than in a marked crosswalk or

in an unmarked crosswalk at an intersection?

YES _______ NO _______

If your answer to question 2 is YES, then answer question 3. If you answered NO, stop

here and tell the bailiff.

3. Did [name of plaintiff] suffer damages as a result of [name of plaintiff]’s failure to yield the

right-of-way to [name of defendant]?

YES _______ NO _______

If your answer to question 3 is YES, then answer question 4. If you answered NO, stop

here and tell the bailiff.

4. Was [name of plaintiff]’s failure to yield the right-of-way to [name of defendant] a substantial

factor in causing [name of plaintiff]’s damages?

YES _______ NO _______

If your answers to questions 1-4 are YES, then you must find in favor of [name of

defendant] on [his/her/its] defense.

History

Proposed Mississippi Plain Language Model Jury Instructions - Civil 3813 (current as of February 17, 2012). Submitted in 2012 by the Mississippi Model Jury Instructions Commission (created by the Supreme Court of Mississippi by order of December 30, 2008) and published by the Court on courts.ms.gov. The Court states that these model jury instructions have not been adopted or approved by the Supreme Court of Mississippi.

Provenance

Source: courts.ms.gov
Retrieved: 2026-09-25
Edition: 2026-09-25
Content hash: 1a74da2e1a9e46a140eb2d17517f5d1554509da6ea26da1fe74114e82a523dbb

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