WPI 71.05 Emergency Vehicles—Right of Way

The bracketed phrase on special lights is not to be used for a police vehicle.

Use WPI 60.03 (Violation of Statute, Ordinance, Administrative Rule, or Internal Governmental Policy—Evidence of Negligence) with this instruction.

If there is a jury question as to whether the other driver was aware of the approach of the emergency vehicle or had an excuse or justification for not hearing the siren or seeing the special lights, use the bracketed last paragraph of WPI 60.03 (Violation of Statute, Ordinance, Administrative Rule, or Internal Governmental Policy—Evidence of Negligence). In such a case, the bracketed paragraph could be tailored specifically to the issue by substituting language such as: “if it was due to a failure to hear the siren [which ordinary care could not have guarded against].”

RCW 46.61.210.

The statute requires the drivers of all vehicles to yield the right of way upon the approach of an emergency vehicle making the proper signal, “except when otherwise directed by a police officer.” Long ago, the statutory phrase “except when otherwise directed by a police officer” was removed from the pattern instruction. If directions by a police officer are claimed as an excuse or justification for a statutory violation, an instruction will need to be drafted to fit the specific situation. This may involve a definition of who qualifies as a police officer for that purpose.

Even if the operator of the emergency vehicle was complying with applicable statutes concerning sirens, the duty to yield may be excused if the other driver did not hear and, with the exercise of ordinary care, reasonably could not have heard the siren. Grabos v. Loudin, 60 Wn.2d 634, 374 P.2d 673 (1962).

The driver of an emergency vehicle has the right to assume that other drivers will yield the right of way as required by law until it is otherwise apparent. However, at no point, including circumstances in which another driver fails to yield the right of way, is the driver of an emergency vehicle relieved of the duty to drive with due regard for the safety of all persons. Brown v. Spokane Cnty. Fire Prot. Dist., 100 Wn.2d 188, 668 P.2d 571 (1983).

In addition to yielding to an on-coming or following emergency vehicle as required by RCW 46.61.210, any driver approaching an emergency or work zone as defined in RCW 46.61.212 also must take action upon approach to a stationary or slow-moving designated emergency vehicle. Depending on the number of roadway lanes of travel, and with due regard for traffic and road conditions, any driver must yield, make a lane change, and/or slow to 10 miles below the posted limit to avoid adjacent lane proximity to emergency vehicles with operating emergency lights, tow trucks, emergency vehicles or work or construction vehicles with designated lights in operation. RCW 46.61.212.