WPI 70.03.04 Pedestrian Crossing a Roadway Outside of a Crosswalk

Use this instruction in cases involving pedestrians crossing a roadway at any point other than within a crosswalk.

If the existence of a crosswalk cannot be decided as a matter of law, then also use WPI 70.03 (Right of Way of a Pedestrian Within a Crosswalk) and the appropriate definition of crosswalk from WPI 70.03.05.

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

Use bracketed language as appropriate.

A definition of Personal delivery device may be crafted if it will be helpful for the jury. See the Comment to WPI 70.02.04 (Right of Way—Emerging from Alley, Driveway, or Building in Business or Residence District).

RCW 46.61.240(1). This crosswalk statute was amended to include a personal delivery device as a protected entity. Laws of 2019, Chapter 214, § 13. An additional definition of personal delivery device may be useful. RCW 46.61.733 and 46.75.010(4). See discussion in the Comment to WPI 70.02.04 (Right of Way—Emerging from Alley, Driveway, or Building in Business or Residence District) and the Comment to WPI 70.03.03 (Duty of a Pedestrian Before Entering a Crosswalk).

The duties and rights of pedestrians crossing the roadway vary depending on whether the pedestrian crosses in a crosswalk or not. To avoid confusion between these various duties, the WPI Committee has drafted separate instructions for each situation. See the Comment to WPI 70.03 (Right of Way of a Pedestrian Within a Crosswalk).

In Sulkosky v. Brisebois, 49 Wn.App. 273, 742 P.2d 193 (1987), the court held that the trial court properly instructed that the duty of a pedestrian to yield the right of way to all vehicles when crossing at any point other than within a crosswalk extends to backing vehicles that are upon the roadway.

It is error to instruct solely in the language of the statute when the person on foot is not crossing the roadway but is attending a stalled vehicle. The statutory language relating to a pedestrian refers expressly to a person crossing a roadway. Stewart v. State, 92 Wn.2d 285, 597 P.2d 101 (1979).

A police officer on foot controlling traffic on the highway is a person engaged in work on the highway under RCW 46.61.030 and is not a pedestrian under RCW 46.61.240(1). Dailey v. Lange, 20 Wn.App. 12, 578 P.2d 1322 (1978); see also WPI 71.04 (Persons or Vehicles at Work on Road).

Before 2010, the language in this instruction was part of the former version of WPI 70.03.