WPI 70.01 General Duty—Driver or Pedestrian

This instruction defines the common law duty of persons on public streets, roads, and highways. It is to be used, if appropriate, along with those instructions that define more specific duties. It should be followed by an instruction defining ordinary care, either WPI 10.02 (Ordinary Care—Adult—Definition) or WPI 10.05 (Ordinary Care—Child—Definition).

Use the first bracketed phrase if the instruction is intended to be applied to a pedestrian. Use the bracketed phrase “himself or herself or” if there is an issue of contributory negligence properly in the case. If there is no issue of contributory negligence being submitted to the jury, omit both bracketed phrases.

Both drivers and pedestrians must exercise a degree of care that a reasonably prudent person would have exercised under the same or similar circumstances even though they may have the right of way or be the “favored” driver. Robison v. Simard, 57 Wn.2d 850, 360 P.2d 153 (1961); Hanson v. Anderson, 53 Wn.2d 601, 335 P.2d 581 (1959). The degree of care does not vary although different weather or traffic conditions may require a greater amount of care. Ulve v. Raymond, 51 Wn.2d 241, 317 P.2d 908 (1957).

RCW 70.84.040 provides an enhanced duty of care for certain pedestrians with a disability. In such circumstances, do not use this instruction. See RCW 70.84.040; Wright v. Engum, 124 Wn.2d 343, 878 P.2d 1198 (1994).