WPI 70.06 Right to Assume Others Will Obey Law—Streets or Highways
6 WAPRAC WPI 70.06Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 70.06 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part VIII. Motor Vehicles
Chapter 70. Motor Vehicles
WPI 70.06 Right to Assume Others Will Obey Law—Streets or Highways
Every person using a public street or highway has the right to assume that other persons thereon will use ordinary care and will obey the rules of the road and has a right to proceed on such assumption until he or she knows, or in the exercise of ordinary care should know, to the contrary.
NOTE ON USE
Use this instruction, as applicable, for negligence cases involving streets, roads, or highways. For other negligence cases, see WPI 12.07 (Right to Assume Others Will Exercise Ordinary Care).
COMMENT
In Kelsey v. Pollock, 59 Wn.2d 796, 370 P.2d 598 (1962), the court held, under the facts of the case, it was reversible error to refuse to give this instruction. The defendant in Kelsey presented evidence that the favored driver failed to look at all before entering the intersection, thus this fact became a factual issue relating to proximate cause of the collision. See also Torrez v. Peck, 57 Wn.2d 302, 356 P.2d 703 (1960).
It is not error to give WPI 70.06 in combination with WPI 70.01 (General Duty—Driver or Pedestrian) and WPI 12.06 (Duty of Seeing). Hammel v. Rife, 37 Wn.App. 577, 682 P.2d 949 (1984) (each instruction correctly states the law and each covers a different legal point so they are not unduly repetitious).
For a discussion concerning the use of WPI 70.06 when there is an emergency vehicle, see Brown v. Spokane Cnty. Fire Protection Dist. No. 1, 100 Wn.2d 188, 668 P.2d 571 (1983); see also the Comment to WPI 71.05 (Emergency Vehicles—Right of Way).
[Current as of February 2021.]
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