Ott, J.
The vehicular collision out of which this action arose occurred in the intersection of Second Avenue and Maple Street in Spokane on December 30, 1961, at approximately 9 o’clock in the morning. Both Second Avenue and Maple Street were three-lane, one-way arterials, with a speed limit of 30 miles an hour. The day was bright and clear; however, visibility at the intersection was limited by an overpass abutment.
The intersection was regulated by standard, automatically controlled signal lights, the component colors of which were green, amber, and red. These lights operated on a preset time cycle, and were synchronized with similar signal lights at the various north-south streets intersecting Second Avenue, so that vehicles traveling at a speed of from 24 to 25 miles an hour could move along Second Avenue without stopping.
[767]*767The drivers of the two vehicles involved in the accident were Russell L. Hawley, who was proceeding westerly on Second Avenue, and Chester L. Mellem, who was traveling south on Maple Street. Lyle Hawley, a brother of Russell Hawley, was riding as a guest passenger in the Hawley vehicle. Both vehicles entered the intersection without stopping, and collided.
Lyle Hawley died as a result of injuries received in the collision, and his widow, Marjorie L. Hawley, as administratrix of his estate, initiated this action for wrongful death, asserting negligence on the part of Chester Mellem.
Following commencement of the wrongful death action, Chester Mellem instituted a separate action against Russell L. Hawley and his wife, alleging that the accident was occasioned by the negligence of Russell Hawley. The Russell Hawleys denied that they were negligent, and sought to recover for damage to their vehicle, alleging negligence on the part of Chester Mellem. Chester L. Mellem, Russell L. Hawley, and Marjorie L. Hawley will hereinafter be referred to as though they were the sole parties involved.
Chester Mellem moved that the court consolidate the two actions for trial. The motion was granted over Marjorie L. Hawley’s objection.
In the action instituted by Chester Mellem against Russell Hawley, the jury denied recovery to both parties, and neither party has appealed from that judgment.
In the wrongful death action, the jury returned a verdict for defendant Mellem, and, from a judgment based upon the verdict, Marjorie L. Hawley appeals.
Appellant first assigns error to the court’s consolidation of the two causes of action for trial.
In State ex rel. Sperry v. Superior Court, 41 Wn.2d 670, 251 P.2d 164 (1952), relied upon by appellant, the trial court refused to consolidate 3 actions arising from 3 collisions and involving a total of 14 different defendants, 13 causes of action, 2 cross complaints, and 26 affirmative defenses. The actions were so numerous and complex that this court held it was not an abuse of discretion to refuse [768]*768to consolidate the actions. There was no such complexity in the case at bar — only 2 claims and a cross claim were involved. The jury was specifically instructed that, although the causes were consolidated for trial, the evidence in each case was to be considered separately.
Consolidation of claims for trial is within the sound discretion of the trial court. Sage v. Northern Pac. Ry. Co., 62 Wn.2d 6, 380 P.2d 856 (1963); State ex rel. Shaffer v. Superior Court, 184 Wash. 316, 50 P.2d 917 (1935). In State ex rel. Sperry v. Superior Court, supra, we said, p. 671:
Whether or not cases should be consolidated for trial is a matter within the discretion of the trial court. We do not feel inclined to interfere with the method in which a trial court handles its own affairs, unless there has been a clear abuse of discretion. It is the trial court’s responsibility to arrange its trial calendar and to determine in what manner the cases can be most expeditiously and fairly tried in order that justice can be given to all of the parties.
In the case at bar, all of the claims arose out of the same accident. Had the claims been separately tried, it would have been necessary to call the same witnesses on the issue of liability in both trials. The instant case involved five trial days. Applying the test announced in the Sperry case, supra, appellant has not shown that the causes were not expeditiously and fairly tried, or that the court abused its discretion in consolidating the two actions for trial.
The second assignment of error relates to the giving of the last paragraph of instruction No. 16. This instruction was as follows:
As previously stated, “proximate cause” means that cause which in a direct unbroken sequence produces the injury complained of and without which such injury would not have happened. In this connection you are instructed that there can be more than one proximate cause of an accident or injury. Thus, the acts and omissions of two, or more persons may occur concurrently as an efficient cause of an injury and in such a connection each of the participating acts or omissions is regarded in the law as a proximate cause. This is true, regardless of the relative degree of the contribution. It is no defense for [769]*769one of such persons that some other person is joined as a defendant in the action and participated in causing the injuries, or in a separate action, even if it should appear to you that the negligence of the other person was greater in either its wrongful nature or its effect.
Therefore, in this case, if you find from the evidence that the defendant, Chester L. Mellem was negligent and that such negligence, if any, was a proximate cause of the injuries and damages sustained by the plaintiff, Marjorie L. Hawley, as Administratrix, and if you find further that Russell Hawley was negligent and that the negligence of Russell Hawley was also a proximate cause combined with the negligence of the defendant, Chester L. Mellem, then and in that event your verdict should be for the plaintiff, Marjorie L. Hawley as Administratrix of the Estate of Lyle Hawley.
However, if you find that the accident causing Lyle B. Hawley’s death was solely and proximately caused by the negligence of the driver of the car in which he was riding, namely Russell L. Hawley, and that it was not proximately caused by any negligence on the part of Chester L. Mellem, then Marjorie L. Hawley is barred from recovery and your verdict on her complaint must be for Chester L. Mellem.
In support of her contention, appellant relies upon Knight v. Borgan, 52 Wn.2d 219, 324 P.2d 797 (1958). In the cited case, a guest brought an action against the driver of a vehicle which collided with that driven by her host. The defendant driver proposed the following instruction:
“In the event that you find that the sole proximate cause of the collision and resulting injuries and damages to the plaintiffs was some negligent act of the driver of the car in which plaintiff Mildred A. Knight was riding as alleged in defendant’s answer, then you shall return a verdict for the defendant.”
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Ott, J.
The vehicular collision out of which this action arose occurred in the intersection of Second Avenue and Maple Street in Spokane on December 30, 1961, at approximately 9 o’clock in the morning. Both Second Avenue and Maple Street were three-lane, one-way arterials, with a speed limit of 30 miles an hour. The day was bright and clear; however, visibility at the intersection was limited by an overpass abutment.
The intersection was regulated by standard, automatically controlled signal lights, the component colors of which were green, amber, and red. These lights operated on a preset time cycle, and were synchronized with similar signal lights at the various north-south streets intersecting Second Avenue, so that vehicles traveling at a speed of from 24 to 25 miles an hour could move along Second Avenue without stopping.
[767]*767The drivers of the two vehicles involved in the accident were Russell L. Hawley, who was proceeding westerly on Second Avenue, and Chester L. Mellem, who was traveling south on Maple Street. Lyle Hawley, a brother of Russell Hawley, was riding as a guest passenger in the Hawley vehicle. Both vehicles entered the intersection without stopping, and collided.
Lyle Hawley died as a result of injuries received in the collision, and his widow, Marjorie L. Hawley, as administratrix of his estate, initiated this action for wrongful death, asserting negligence on the part of Chester Mellem.
Following commencement of the wrongful death action, Chester Mellem instituted a separate action against Russell L. Hawley and his wife, alleging that the accident was occasioned by the negligence of Russell Hawley. The Russell Hawleys denied that they were negligent, and sought to recover for damage to their vehicle, alleging negligence on the part of Chester Mellem. Chester L. Mellem, Russell L. Hawley, and Marjorie L. Hawley will hereinafter be referred to as though they were the sole parties involved.
Chester Mellem moved that the court consolidate the two actions for trial. The motion was granted over Marjorie L. Hawley’s objection.
In the action instituted by Chester Mellem against Russell Hawley, the jury denied recovery to both parties, and neither party has appealed from that judgment.
In the wrongful death action, the jury returned a verdict for defendant Mellem, and, from a judgment based upon the verdict, Marjorie L. Hawley appeals.
Appellant first assigns error to the court’s consolidation of the two causes of action for trial.
In State ex rel. Sperry v. Superior Court, 41 Wn.2d 670, 251 P.2d 164 (1952), relied upon by appellant, the trial court refused to consolidate 3 actions arising from 3 collisions and involving a total of 14 different defendants, 13 causes of action, 2 cross complaints, and 26 affirmative defenses. The actions were so numerous and complex that this court held it was not an abuse of discretion to refuse [768]*768to consolidate the actions. There was no such complexity in the case at bar — only 2 claims and a cross claim were involved. The jury was specifically instructed that, although the causes were consolidated for trial, the evidence in each case was to be considered separately.
Consolidation of claims for trial is within the sound discretion of the trial court. Sage v. Northern Pac. Ry. Co., 62 Wn.2d 6, 380 P.2d 856 (1963); State ex rel. Shaffer v. Superior Court, 184 Wash. 316, 50 P.2d 917 (1935). In State ex rel. Sperry v. Superior Court, supra, we said, p. 671:
Whether or not cases should be consolidated for trial is a matter within the discretion of the trial court. We do not feel inclined to interfere with the method in which a trial court handles its own affairs, unless there has been a clear abuse of discretion. It is the trial court’s responsibility to arrange its trial calendar and to determine in what manner the cases can be most expeditiously and fairly tried in order that justice can be given to all of the parties.
In the case at bar, all of the claims arose out of the same accident. Had the claims been separately tried, it would have been necessary to call the same witnesses on the issue of liability in both trials. The instant case involved five trial days. Applying the test announced in the Sperry case, supra, appellant has not shown that the causes were not expeditiously and fairly tried, or that the court abused its discretion in consolidating the two actions for trial.
The second assignment of error relates to the giving of the last paragraph of instruction No. 16. This instruction was as follows:
As previously stated, “proximate cause” means that cause which in a direct unbroken sequence produces the injury complained of and without which such injury would not have happened. In this connection you are instructed that there can be more than one proximate cause of an accident or injury. Thus, the acts and omissions of two, or more persons may occur concurrently as an efficient cause of an injury and in such a connection each of the participating acts or omissions is regarded in the law as a proximate cause. This is true, regardless of the relative degree of the contribution. It is no defense for [769]*769one of such persons that some other person is joined as a defendant in the action and participated in causing the injuries, or in a separate action, even if it should appear to you that the negligence of the other person was greater in either its wrongful nature or its effect.
Therefore, in this case, if you find from the evidence that the defendant, Chester L. Mellem was negligent and that such negligence, if any, was a proximate cause of the injuries and damages sustained by the plaintiff, Marjorie L. Hawley, as Administratrix, and if you find further that Russell Hawley was negligent and that the negligence of Russell Hawley was also a proximate cause combined with the negligence of the defendant, Chester L. Mellem, then and in that event your verdict should be for the plaintiff, Marjorie L. Hawley as Administratrix of the Estate of Lyle Hawley.
However, if you find that the accident causing Lyle B. Hawley’s death was solely and proximately caused by the negligence of the driver of the car in which he was riding, namely Russell L. Hawley, and that it was not proximately caused by any negligence on the part of Chester L. Mellem, then Marjorie L. Hawley is barred from recovery and your verdict on her complaint must be for Chester L. Mellem.
In support of her contention, appellant relies upon Knight v. Borgan, 52 Wn.2d 219, 324 P.2d 797 (1958). In the cited case, a guest brought an action against the driver of a vehicle which collided with that driven by her host. The defendant driver proposed the following instruction:
“In the event that you find that the sole proximate cause of the collision and resulting injuries and damages to the plaintiffs was some negligent act of the driver of the car in which plaintiff Mildred A. Knight was riding as alleged in defendant’s answer, then you shall return a verdict for the defendant.”
We there held that it was not error to refuse the instruction because the negligence of the host driver was not involved. In the instant case, the negligence of the host driver was material in the action commenced by Chester Mellem against the host, Russell Hawley.
Instruction No. 15 expressly admonished the jury not to [770]*770consider any alleged acts of negligence on the part of Russell Hawley in Marjorie Hawley’s action against Chester Mellem. Instruction No. 15 was as follows:
You are instructed that as a matter of law, the decedent Lyle Hawley, was a guest in the car being driven by his brother, Russell Hawley. Therefore, any act of negligence, if any, in the operation of the 1950 Chevrolet Sedan by Russell L. Hawley, shall not be considered by you in your deliberations as to the right of the plaintiff, Marjorie Hawley to recover herein. The sole issue involved in determining whether Marjorie Hawley is entitled to a verdict against the defendants, Mr. arid Mrs. Chester Mellem, is whether or not the collision herein was proximately caused as a result of an act or acts of negligence on the part of the defendant, Chester Mellem. (Italics ours.)
There is no ambiguity in this instruction. It clearly states the law applicable to appellant’s claim. The instructions must be considered as a whole. Owens v. Anderson, 58 Wn.2d 448, 452, 364 P.2d 14 (1961); Myers v. West Coast Fast Freight, Inc., 42 Wn.2d 524, 529, 256 P.2d 840 (1953). Considering instruction No. 16 together with instruction No. 15 and the other applicable instructions given by the court, the jury was properly instructed as to the law. The court did not err in giving instruction No. 16 in its entirety.
Appellant next contends that the trial court erred in failing to clarify the instructions after being requested to do so by the foreman of the jury. The circumstances surrounding this request are set forth in the trial judge’s memorandum opinion as follows:
As to the request of the jury for some clarification of the instructions, the facts are that after the jury had been deliberating for some time, the foreman knocked on the door of the deliberating room and asked the bailiff for permission to talk to the judge about a question which had arisen concerning some of the instructions. The bailiff informed the foreman that the jury could not talk to the judge nor the judge to the jury unless all counsel were present, and that since at that time counsel had left the courthouse it would take considerable time to arrange for everybody to get together. This apparently satisfied the juror, and no further request was made. In any event [771]*771it now appears that the answer to the question which the jury then had is to be found in the instructions themselves.
The foreman of the jury was advised by the bailiff how clarification, if desired, could be accomplished. No further request for clarification was made by the foreman. In the absence of a further request, we must assume, as did the trial court, that the jury resolved the matter by a further study of the instructions.
We find no merit in this assignment of error.
Appellant asserts that the trial court erred in refusing to submit special interrogatories to the jury. The giving of special interrogatories as a part of the instructions to a jury is within the sound discretion of the trial court. Sage v. Northern Pac. Ry Co., 62 Wn.2d 6, 380 P.2d 856 (1963); Salo v. Nelson, 22 Wn.2d 525, 156 P.2d 664 (1945). Appellant considered and waived her right to request special interrogatories as a part of the instructions to the jury, before the instructions were given. After the jury had returned its verdict and had been polled, the appellant then requested that special interrogatories be submitted.
When the verdict of a jury is consistent with the pleadings, the evidence, and the instructions of the court, all issues are resolved and inhere in the verdict. Special interrogatories to explain a verdict are improper. Coleman v. George, 62 Wn.2d 840, 384 P.2d 871 (1963); Gardner v. Malone, 60 Wn.2d 836, 376 P.2d 651 (1962).
Appellant further asserts that the jury’s verdicts are inconsistent. She contends that, in the action involving Chester Mellem and Russell Hawley, the jury must have found both parties negligent, since neither recovered against the other; therefore, if Chester Mellem was negligent or guilty of contributory negligence, liability in the wrongful death action would follow as against Chester Mellem.
The fallacy in this argument is that the jury could have denied damages to the parties in both actions because they failed to sustain the burden of proof. Negligence [772]*772is not presumed simply because there was an accident. One who asserts negligence has the burden of proving it to the satisfaction of the jury by a fair preponderance of the evidence. Wilson v. Northern Pac. Ry. Co., 44 Wn.2d 122, 265 P.2d 815 (1954); Hutton v. Martin, 41 Wn.2d 780, 252 P.2d 581 (1953).
The jury, in appellant’s case, could have found that she failed to prove, by a fair preponderance of the evidence, that Chester Mellem was negligent; likewise, in the action involving Chester Mellem and Russell Hawley, that neither had sustained his burden of proof as against the other.
The jury was properly instructed on the burden of proof and the evidence required to sustain that burden, and was further instructed that
The láw does not permit you to guess or speculate as to the cause of the accident in question. If the evidence is equally balanced on the issues of negligence or proximate cause so that it does not preponderate in favor of the party making the charge, then he or she has failed to fulfill his burden of proof, and your finding must be against the party making such charge. Instruction No. 17.
The trial court, in denying the motion for a new trial, concluded that the jury, in following instruction No. 17, supra, had found that the evidence was equally balanced on the issue of negligence, and that “neither had sustained the burden of proving by a fair preponderance of the evidence that the other was negligent.” We agree with the trial court.
To accuse a person of the wrongful death of another is a most serious charge. The jury, as instructed, réfused “to guess or speculate” that Chester Mellem had caused the death of Lyle Hawley. Where there is substantial evidence to sustain the jury’s verdict, it will not be disturbed on appeal. Allen v. Fish, 64 Wn.2d 665, 393 P.2d 621 (1964), and case cited. Applying this rule to the facts in the instant case, the evidence sustaining the jury’s verdict was substantial. Two witnesses testified that they were following Russell Hawley’s vehicle as it proceeded west on Second Avenue, and that the signal light was red when [773]*773Mr. Hawley entered the intersection. They also testified that Russell Hawley did not slow down when he entered the intersection. Chester Mellem testified that he entered the intersection on a green light. Another witness, who was following Chester Mellem’s vehicle, testified that Mr. Mellem entered the intersection on either a green or an amber light.
A jury is the trier of the facts. Whether negligence is established by a fair preponderance of the evidence, or whether the evidence is “equally balanced,” is a factual determination reposed exclusively in the jury by the constitution and laws of this state. Const. art. 1, § 21; RCW 4.44.090. The jury, in performing its constitutional function, found that the alleged negligence of Chester Mellem had riot been proved by a fair preponderance of the evidence. The verdicts were not inconsistent.
We have considered appellant’s two remaining assignments of error and find them to be without merit.
The judgment is affirmed.
Rosellini, C. J., Hill, Donworth, Weaver, and Hale, JJ., concur.