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WPI70.03.01Driver Approaching a Crosswalk—Duty to Observe

6 WAPRAC WPI 70.03.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 70.03.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
July 2019 Update
Washington State Supreme Court Committee on Jury Instructions
Part VIII. Motor Vehicles
Chapter 70. Motor Vehicles
WPI 70.03.01 Driver Approaching a Crosswalk—Duty to Observe
The driver of a vehicle approaching a crosswalk has a duty of continuous observation.
NOTE ON USE
Use this instruction in all cases involving a driver approaching a crosswalk, whether marked or unmarked. Use WPI 70.03.02 (Driver Approaching a Crosswalk—Duty to Stop), with this instruction.
Use this instruction with WPI 70.03 (Right of Way of a Pedestrian Within a Crosswalk), as applicable.
COMMENT
It is well established under Washington law that a driver of a vehicle approaching a crosswalk has a duty of continuous observation to watch for pedestrians in the crosswalk. See Pudmaroff v. Allen, 138 Wn.2d 55, 67, 977 P.2d 574 (1999); Shasky v. Burden, 78 Wn.2d 193, 200, 470 P.2d 544 (1970); Jung v. York, 75 Wn.2d 195, 198, 449 P.2d 409 (1969); Oberlander v. Cox, 75 Wn.2d 189, 192, 449 P.2d 388 (1969).
[Current as of September 2018.]
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