CACI No. 702. Waiver of Right-of-Way

Judicial Council of California Civil Jury Instructions (2023 edition)

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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 person go first. If the other person reasonably believes
that a [driver/pedestrian] has given up the right-of-way, then the other
person may go first.
New September 2003; Revised May 2020, May 2021
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 (11th ed. 2017) Torts, §§ 1010, 1011
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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