CHAPTER THREE INTERSECTION ACCIDENTS AND RIGHTS OF WAY
| Jurisdiction | Maryland |
MATTHEW J. BERNHARDT is a partner at Council, Baradel, Kosmerl & Nolan, P.A., in Annapolis, Maryland. Mr. Bernhardt received his undergraduate degree from the United States Naval Academy in 2005, and his Juris Doctor from the University of Baltimore in 2013. He is a member of the District of Columbia and Maryland bars, and has specialized in civil litigation, particularly personal injury, and in family law.
JOHN J. DOUD is a partner at Council, Baradel, Kosmerl & Nolan, P.A., in Annapolis, Maryland. Mr. Doud received his undergraduate degree from Montclair State University in 2002, and his Juris Doctor from Thomas M. Cooley in 2006. He is a member of the Maryland bar, and has specialized in civil litigation, particularly personal injury, and in criminal law.
I. INTRODUCTION
With the ever increasing numbers of vehicles and pedestrians using Maryland's highways, accident related injury and death is bound to occur frequently and in many different ways. The purpose of this chapter is to identify and generally discuss those accidents involving right of way issues, and the duties of drivers at uncontrolled intersections. A determination of which driver has the right of way usually starts with the question: "Who is the favored driver?" This question is answered with reference to statutory and case law. Particular attention is paid in this chapter to MD. CODE ANN., TRANSPORTATION ARTICLE, Title 21, as amended, part of the state's motor vehicle law.
II. GENERAL CONCEPTS AND DOCTRINES
A. In General
Any discussion of intersection accidents and rights of way must take place within the dual context of statutory authority and the Maryland Boulevard Rule. By and large, the statutes, or "rules of the road," applicable to uncontrolled intersections and rights of way are found in Title 21, Vehicle Laws—Rules of the Road. The Boulevard Rule, in part based upon statutory authority, was developed and expanded upon by case law.
B. Statutory Right of Way
All collisions involving an intersection or right of way issue in Maryland must be considered with reference to the Boulevard Rule. Equally as important, however, is a full review of all applicable statutes and rules of the road, which in most cases will be the foundation for favored driver status.1
The scope of Title 21 encompasses the driving of vehicles on highways, with some exceptions. A vehicle is defined as "any device in, on, or by which any individual or property is or might be transported or towed on a highway."2 A highway is defined as "the entire width between the boundary lines of any way or thoroughfare of which any part is used by the public for vehicular travel."3 By case law, a highway includes the paved portion of the roadway, together with the shoulder.4 A bicycle operated on the highway is a vehicle,5 as is a sled,6 a motorcycle,7 a horse and wagon,8 and a farm tractor.9
"Right of way" is defined as "the right of one vehicle or pedestrian to proceed in a lawful manner on a highway in preference to another vehicle or pedestrian."10 While the right of way confers favored driver status and allows the favored driver to assume others will obey the law and yield the right of way,11 it does not allow the favored driver to operate his or her vehicle without reasonable care.12
"Intersection" is that area within the "prolongation or connection of the lateral curb lines," or, if these do not exist, within the "lateral boundary lines of the roadways of the two highways" joining at right angles, or failing this, that area within which different highways join, regardless of angle.13 When one or both highways that intersect curve or otherwise do not adhere to a right angle meeting, then the actual roadway surface configuration determines the intersection.14 If a divided highway is separated by more than 30 feet, each crossing of that highway by an intersecting highway is a separate intersection, resulting in two intersections, and if the intersecting highway is also a divided highway separated by more than 30 feet, then there are four separate intersections created by this crossing.15
In cases involving vehicles, or vehicles and pedestrians, "violation of a statutory regulation is evidence of negligence, and if such violation causes or contributes to the injuries complained of it constitutes negligence."16 Once the connection between conduct and injury has been established, the burden is upon the party violating the statute to demonstrate justification.17
C. The Maryland Boulevard Rule
The Maryland Boulevard Rule was first enunciated by the Maryland Court of Appeals in 1939.18 The objective of the Rule was to expedite the flow of traffic on the favored highway by allowing favored drivers to travel the highway without slowing or stopping at every intersection.19 The original Rule required a driver approaching through a highway from an unfavored road to stop and yield the right of way to drivers already in or about to enter the intersection during the time that the unfavored driver was attempting to enter the boulevard.20 This duty extended until the unfavored driver became part of the flow of traffic.21
As the Rule evolved, it was determined that in a suit brought by a passenger in the favored vehicle or unfavored vehicle against the unfavored driver, the unfavored driver was negligent as a matter of law.22 The same held true in a suit by the favored driver against the unfavored driver.23 In essence, if the unfavored driver violated the Rule, he was negligent as a matter of law.24
In 1977, the Court of Appeals reduced the harshness of the strict application of the Rule in those cases in which the favored driver was negligent and his negligence was a proximate cause of the collision.25 In Covington, the unfavored driver stopped prior to entering the favored highway in response to a stop sign. The favored highway was designated as a "one-way" street. After looking in the direction from which traffic should have been coming, the unfavored driver proceeded into the intersection and was struck by the favored driver proceeding the wrong way on the "one-way" street. The court pointed out that in all previous Boulevard Rule cases decided by the court, "right of way" was defined as "the privilege of the immediate use of the highway."26 By the time Covington was decided, Maryland's motor vehicle law was completely revised but was not applicable to any traffic accident occurring prior to January 1, 1971. The new traffic law defined "right of way" as "the right of one vehicle . . . to proceed in a lawful manner on a highway in preference to another vehicle. . . ."27 The Covington court pointed out that the new definition was in sharp contrast to the previous definition of the "privilege of the immediate use of the highway.
The message of Covington is quite clear. The Maryland Boulevard Rule no longer applies when the favored driver is not proceeding in a lawful manner and, if so, the favored driver is not entitled to preference over the unfavored driver. Under current Maryland law, if there is sufficient evidence to permit a finding of fact that the favored driver was proceeding in an unlawful manner, the Boulevard Rule may not apply and it would then be for the jury to determine whether the favored driver has lost his or her statutory preference.28
The Boulevard Rule has been determined to be applicable in the following situations:
1. When a driver is confronted with a yield right-of-way facing the unfavored highway;29
2. When a driver is entering a highway from a private road or driveway;30
3. When a driver is entering a paved highway from an unpaved highway;31
4. When a driver is entering a highway when faced with a red traffic light;32
5. When a driver is entering a highway when faced with a stop sign;33 and
6. When a driver makes a left-hand turn over oncoming lanes into a private drive.34
The cases arising under the Boulevard Rule that have reached the appellate courts fall into 10 categories:
1. Suits by the favored driver against the unfavored driver;35
2. Suits by the unfavored driver against the favored driver;36
3. Suits by the passenger of an unfavored driver against the favored driver;37
4. Suits by the passenger of an unfavored driver against both drivers;38
5. Suits by the passenger of the favored driver against both drivers;39
6. Suits by the passenger of the favored driver against the unfavored driver;40
7. Suits by the passenger of the favored driver against the favored driver;41
8. Counterclaims brought against each other by the favored and unfavored drivers;42
9. Suits by a favored driver against a favored driver;43 and
10. Suit brought by an unfavored driver against a third party not operating a vehicle but causing or contributing to the collision.44
The following principles have emerged from those cases in which the Boulevard Rule is applicable:
1. The Boulevard Rule is intended to expedite the flow of traffic on the boulevard;45...
2. If the favored driver is not negligent or if the favored driver's negligence is not a proximate cause of the collision,46 the duty of the unfavored driver to stop and yield the right of way is mandatory, positive and inflexible;47
3. If the unfavored driver fails to yield the right of way, he is guilty of negligence as a matter of law unless the doctrine of last clear chance is involved;48 and,
4. If the favored driver sues the unfavored driver, the unfavored driver is negligent as a matter of law, and the unfavored driver is liable to the favored driver.49
5. A negligent unfavored driver is liable to his or her own passenger in the absence of those limited circumstances barring the claim of the passenger, such as where the driver's negligence is imputed to the passenger (e.g., the unfavored defendant driver being the daughter of
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