If you have been injured in an accident involving a vehicle, it's important to understand the legal concept of Maryland's “Boulevard Rule.” The Boulevard Rule is a legal doctrine that can impact the liability of a driver in a personal injury case. In this blog post, we will discuss Maryland's Boulevard Rule, how it applies in personal injury cases, and how it may impact your claim.
What is Maryland's Boulevard Rule?
Maryland's Boulevard Rule is a legal doctrine that requires drivers entering a favored road to yield the right-of-way to vehicles established on the favored road. For example, a vehicle exiting a gas station onto a highway is the unfavored vehicle and vehicles on the highway are the favored vehicles. Essentially, the rule requires drivers to look both ways before entering a roadway and to yield to traffic on the road.
How Does the Boulevard Rule Apply in Personal Injury Cases?
In personal injury cases involving a vehicle, the Boulevard Rule can impact the liability of the driver. If the plaintiff is the favored driver, the plaintiff must only show that he or she was driving in a lawful manner. The burden then switches to the defendant to prove that the plaintiff was contributorily negligent. See, Barrett v. Nwaba, 165 Md. App. 281, 293 (2005).
The Boulevard Rule is not an absolute rule, and there are exceptions. For example, if the favored driver was operating their vehicle unlawfully, the unfavored driver may not be at fault. Examples of favored driver operating unlawfully could be speeding, driving without headlights, or changing lanes unsafely.
Last Clear Chance
If a favored driver is involved in a collision with an unfavored driver entering the boulevard, the favored driver may be able to recover even if the favored driver was driving unlawfully. This doctrine is known as “Last Clear Chance” and the favored driver must show that the unfavored driver had the last clear chance to avoid the collision despite the unlawful actions of the favored driver.
Conclusion
Maryland's Boulevard Rule is a legal doctrine that requires drivers to yield the right-of-way to vehicles established on a boulevard. The Boulevard Rule can impact the liability of a driver in a personal injury case, and if a driver violates the rule and causes an accident, they may be found liable for the resulting injuries and damages. If you have been injured in an accident involving a vehicle and believe that the Boulevard Rule may apply to your case, it's important to consult with an experienced personal injury attorney who can evaluate the facts of your case and advise you on the best course of action.