WPI 70.02.05 Right of Way—Entering Street or Highway From Private Road or Driveway
6 WAPRAC WPI 70.02.05Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 70.02.05 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part VIII. Motor Vehicles
Chapter 70. Motor Vehicles
WPI 70.02.05 Right of Way—Entering Street or Highway From Private Road or Driveway
A statute provides that a driver about to enter or cross a public street or highway from a private road or driveway shall yield the right of way to all vehicles approaching on the public street or highway.
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 entering or crossing 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 a private road or driveway outside of a business or residence district. Use WPI 70.02.04 (Right of Way—Emerging From Alley, Driveway, or Building in Business or Residence District) if the area is within a business or residence district.
Use WPI 60.03 (Violation of Statute, Ordinance, Administrative Rule, or Internal Governmental Policy—Evidence of Negligence) with this instruction.
COMMENT
RCW 46.61.205(1). RCW 46.61.205 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, § 8. There is no proposed change to the instruction.
[Current as of February 2021.]
Westlaw. © 2022 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
| End of Document |