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Part Two: Speed Defeats Right of Way April 2, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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Matt made a great comment about my earlier post.   I found a jury instruction (Wis JI-Civil 1157 Right of Way: At intersection of Highways; Ultimate Verdict Question) and Wis. Stats. Section 346.18 to support my position:

Another safety statute provides that the operator of any vehicle operating at an unlawful speed on a highway is negligent and forfeits any right of way which he would otherwise have.  Thus, before you can find negligence for failure to yield the right of way, you must first find that the vehicle on thh right was being operated at a lawful speed.

So, the question is for the jury.  The above paragraph is read by a Judge to the Jury before they begin to deliberate on who was at fault.   I assume a jury would be lenient on a person going 46 in a 45 compared to someone going 70 in a 45.

As to Matt’s question regarding the Governor’s budget.  I have to plead ignorance.  All I know is what Belling and Sykes have said.  I have to read the budget myself before I jump into that battle.

Thanks again for the comment Matt!