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WPI 70.02.04 Right of Way—Emerging From Alley, Driveway, or Building in Business or Residence D...

6 WAPRAC WPI 70.02.04Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 70.02.04 (7th ed.)

Washington Practice Series TM

Washington Pattern Jury Instructions--Civil

April 2022 Update

Washington State Supreme Court Committee on Jury Instructions

Part VIII. Motor Vehicles

Chapter 70. Motor Vehicles

WPI 70.02.04 Right of Way—Emerging From Alley, Driveway, or Building in Business or Residence District

A statute provides that a driver who is emerging from [an alley] [a driveway] [a building] shall stop the vehicle immediately before driving onto a sidewalk or onto the sidewalk area extending across the [alley] [driveway] [and shall yield the right of way to any [[pedestrian][personal delivery device]] as may be necessary to avoid collision] [and upon entering the roadway shall yield the right of way to all vehicles approaching on the roadway].

This right of way, however, is not absolute but relative, and the duty to exercise ordinary care rests upon both parties. The primary duty, however, rests upon the driver of the emerging vehicle, 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 when a vehicle is emerging from an alley, driveway, or building within a business or residence district. Use WPI 70.02.05 (Right Of Way—Entering Street or Highway From Private Road or Driveway) if the area is outside of a business or residence district. 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.

A definition of personal delivery device may be crafted if it will be helpful for the jury. See Comment below.

COMMENT

RCW 46.61.365. The statute was amended in 2019 to add a “personal delivery device” as a protected entity. Laws of 2019, Chapter 214, § 18. The instruction has been modified to reflect this change.

A personal delivery device is defined at RCW 46.61.733, incorporating the definition within RCW 46.75.010(4):

(4) “Personal delivery device” means an electrically powered device to which all of the following apply:
(a) The device is intended primarily to transport property on sidewalks and crosswalks;
(b) The device weighs less than one hundred twenty pounds, excluding any property being carried in the device;
(c) The device will operate at a maximum speed of six miles per hour; and
(d) The device is equipped with automated driving technology, including software and hardware, enabling the operation of the device, with the support and supervision of a remote personal delivery device operator.

If the issue is a jury question under the evidence, or if the definition will help the jury, the appropriate statutory definition can be given and this instruction should be modified.

The issue of whether the street or highway is in a business or residence district will usually be decided by the court as a matter of law. RCW 46.04.080 defines a business district. RCW 46.04.470 defines a residence district. If the issue is a jury question under the evidence, the appropriate statutory definition can be given and this instruction should be modified.

WPI 70.02.04 was approved in Wood v. City of Bellingham, 62 Wn.App. 61, 813 P.2d 142 (1991) (a pedestrian who walks in front of a vehicle pulling out of parking lot knowing that the driver has not seen her is contributorily negligent). Sulkosky v. Brisebois, 49 Wn.App. 273, 742 P.2d 193 (1987) (a pedestrian not yielding to a backing vehicle may be negligent).

[Current as of February 2021.]

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