California Civil Jury Instructions (CACI) (2017)

702. Waiver of Right-of-Way

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702.Waiver of Right-of-Way
A [driver/pedestrian] who has the right-of-way may give up that right
and let [another vehicle/a pedestrian] go first. If a [driver/pedestrian]
reasonably believes that [[another/a] driver/a pedestrian] has given up
the right-of-way, then he or she may go first.
New September 2003
Sources and Authority
• “[I]f one who has the right of way ‘conducts himself in such a definite manner
as to create a reasonable belief in the mind of another person that the right-of-
way has been waived, then such other person is entitled to assume that the right
of way has been given up to him . . .’.” (Hopkins v. Tye (1959) 174
Cal.App.2d 431, 433 [344 P.2d 640].)
• “A conscious intentional act of waiver of the right of way by the pedestrian is
not required. Whether there is a waiver depends upon the acts of the pedestrian.
If they are such that a driver could reasonably believe that the pedestrian did
not intend to assert her right of way, a waiver occurs.” (Cohen v. Bay Area Pie
Company (1963) 217 Cal.App.2d 69, 72–73 [31 Cal.Rptr. 426], internal citation
omitted.)
Secondary Sources
6 Witkin, Summary of California Law (10th ed. 2005) Torts, §§ 879, 880
California Tort Guide (Cont.Ed.Bar 3d ed.) § 4.15
2 Levy et al., California Torts, Ch. 20, Motor Vehicles, § 20.68[1][c] (Matthew
Bender)
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