WPI 70.02.02 Right of Way—Stop Sign
6 WAPRAC WPI 70.02.02Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 70.02.02 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part VIII. Motor Vehicles
Chapter 70. Motor Vehicles
WPI 70.02.02 Right of Way—Stop Sign
A statute provides that [except when directed to proceed by a duly authorized flagger, or a police officer, or a firefighter vested by law with authority to direct, control, or regulate traffic] every driver approaching a stop sign shall stop [[at a clearly marked stop line] [,] [but if none,] [before entering a marked crosswalk on the near side of the intersection] [or,] [if none] [then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the roadway]]. After having stopped, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver who had the duty to stop is moving across or within the intersection or junction of roadways.
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 who faces a stop sign, 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 intersections where one vehicle is controlled by a stop sign and the other is not. Use bracketed material as applicable.
Use WPI 60.03 (Violation of Statute, Ordinance, Administrative Rule, or Internal Governmental Policy—Evidence of Negligence) with this instruction.
Use bracketed phrases in the first paragraph of the instruction if appropriate under the facts.
COMMENT
The instruction has been modified for this edition to more closely follow RCW 46.61.190(1).
RCW 46.61.190(1) and (2). RCW 46.61.190(1) was amended in 2019 to create an exception to the duty to stop when directed to proceed by a duly authorized flagger, or a police officer, or a firefighter vested by law with authority to direct, control, or regulate traffic.
Duties of drivers in connection with stop signs on the state highway system are set out in RCW 47.36.110, as amended effective October 1, 2020. Laws of 2020, Chapter 66, § 5.
A driver on an arterial protected by a stop sign has the right of way, but must still exercise ordinary care. Sanchez v. Haddix, 95 Wn.2d 593, 597, 627 P.2d 1312 (1981). In Dunn v. Harmon, 5 Wn.App. 87, 92, 486 P.2d 103 (1971), the trial court instructed on the rights and duties of the favored driver but did not instruct on the duties of the disfavored driver. In reversing the trial court on this issue, the Court of Appeals approved language the same as the first paragraph of this instruction.
[Current as of February 2021.]
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