CACI 702 Waiver of Right-of-Way

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 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.

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)