California Civil Jury Instructions (CACI)

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)