WPI 70.02 Right of Way—Uncontrolled Intersection

Use this instruction in cases involving uncontrolled intersections. Use WPI 60.03 (Violation of Statute, Ordinance, Administrative Rule, or Internal Governmental Policy—Evidence of Negligence) with this instruction.

RCW 46.61.180(1). The statute applies when two vehicles approach or enter the intersection from different highways at approximately the same time.

RCW 46.61.180 was amended in 2019 to add additional sections stipulating enhanced penalties in some circumstances for a traffic infraction arising out of the conduct now included, without change, within subsection (1). Laws 2019, Chapter 403, § 5. There is no proposed change to the instruction.

If a collision occurs within an intersection, the statute applies as a matter of law. Chavers v. Ohad, 59 Wn.2d 646, 369 P.2d 831 (1962); Zorich v. Billingsley, 52 Wn.2d 138, 324 P.2d 255 (1958), superseded on other grounds, Cox v. Gen. Motors, 64 Wn.App. 823, 827 P.2d 1052 (1992) (discussing earlier version of the statute). Even if the actual collision occurred outside the bounds of the intersection, the driver on the left is liable if he or she failed to yield the right of way with reasonable regard to maintaining a fair margin of safety. Tobias v. Rainwater, 71 Wn.2d 845, 431 P.2d 156 (1967); accord Axness v. Edwards, 9 Wn.App. 780, 515 P.2d 174 (1973).

The favored driver is entitled to rely on the disfavored driver's yielding the right of way at an uncontrolled intersection until the favored driver reaches that point at which a reasonable person exercising reasonable care would realize that the disfavored driver is not going to yield. Whitchurch v. McBride, 63 Wn.App. 272, 275–76, 818 P.2d 622 (1991); Maxwell v. Piper, 92 Wn.App. 471, 476, 963 P.2d 941 (1998).