Jury Instructions, Particular Instructions, Negligence Per Se, 1, 3
In this auto collision case, it was reversible error for the trial court to refuse to give CACI 418, the form negligence per se instruction. Vehicle Code 21801 requires drivers turning left to “yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement. Here, plaintiff was turning left across three lanes of traffic. Drivers in the first two lanes waved her through, but she didn’t stop before entering the third lane where the driver had not stopped or yielded right of way, and ploughed into her. Violation of section 21801 was negligence per se. Giving only a general negligence instruction was insufficient when plaintiff had requested CACI 418 and the error was prejudicial.