WPI 70.02.01 Right of Way—Left Turn
6 WAPRAC WPI 70.02.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 70.02.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part VIII. Motor Vehicles
Chapter 70. Motor Vehicles
WPI 70.02.01 Right of Way—Left Turn
A statute provides that a driver intending to turn to the left within an intersection [or into an alley] [or into a private road] [or into a driveway] shall yield the right of way to any vehicle approaching from the opposite direction that is within the intersection or so close thereto as to constitute an immediate hazard. This right of way, however, is not absolute but relative, and the duty to exercise ordinary care to avoid collisions at intersections rests upon both drivers. The primary duty, however, rests upon the driver turning to the left, which duty must be performed with reasonable regard to the maintenance of a fair margin of safety at all times.
NOTE ON USE
Use this instruction in cases involving left turns. In an intersection case, omit the bracketed phrases. If the case involves an alley, private road, or driveway, use the appropriate bracketed phrase.
Use WPI 60.03 (Violation of Statute, Ordinance, Administrative Rule, or Internal Governmental Policy—Evidence of Negligence) with this instruction.
COMMENT
RCW 46.61.185(1). RCW 46.61.185 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 of 2019, Chapter 403, § 6. There is no proposed change to the instruction.
The right of way rule for left turns at intersections is the same as the rule for uncontrolled intersections. Key v. Reiswig, 55 Wn.2d 512, 348 P.2d 410 (1960) (approving a prior version of this instruction).
A driver making a left-hand turn must yield to oncoming traffic even if the oncoming vehicle was proceeding unlawfully. Doherty v. Mun. of Metro. Seattle, 83 Wn.App. 464, 470, 921 P.2d 1098 (1996); Mossman v. Rowley, 154 Wn.App. 735, 741, 229 P.3d 812 (2009).
See the Comment to WPI 70.02.06 (Right of Way—Deception Doctrine) for additional discussion of left turn cases.
[Current as of February 2021.]
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