Understanding Maryland’s Boulevard Rule in Car Crash Cases

Being hurt in a car crash changes everything. Medical bills pile up, you may not be able to work, and the insurance company is already looking for ways to limit what you recover. At the Law Offices of Larry B. Litt, our attorneys and legal team have spent decades fighting for personal injury auto accident victims across Maryland, handling the legal side of things so injured clients can focus on their medical treatment and recovery. If you or someone you know has been injured in a car collision, having an experienced car crash attorney in your corner from the very beginning can make a significant difference in the outcome of your personal injury claim.

Maryland has a boulevard rule that applies in determining who is at fault when traffic crashes occur at an intersection or on a main roadway. Maryland’s Boulevard Rule is a strict legal doctrine that gives drivers already on a main roadway, highway or through road (the “favored” driver) the absolute right-of-way over anyone entering from a side street, driveway, alley, or parking lot (the “unfavored” driver).

The decisions you make in the days following a car crash can shape the outcome of your entire personal injury claim. Do not give the insurance company time to build a case against you while you wait. Evidence disappears. Deadlines approach. Maryland’s statute of limitations for personal injury claims is three years from the date of the car accident, but certain cases carry shorter deadlines.

Under the boulevard rule, the driver on the main roadway is called the “favored” driver, and the driver on the side road is referred to as the “unfavored” driver.

• Favored Driver: The driver traveling on the main roadway, highway or boulevard. The favored driver has the right to assume that an unfavored driver will stop and yield the right-of-way. Thus, a favored driver is not required to stop or slow down at the intersection.
• Unfavored Driver: The driver entering from a yield sign, stop sign, parking lot or private driveway. They must stop and wait until there is enough room to safely merge and get up to speed before entering the boulevard.
• Negligence as a Matter of Law: If an unfavored motorist acted negligently by failing to adhere to their duty of care and pulls out and causes a car collision, Maryland courts generally deem them negligent automatically.
• Continuing Duty of Favored Driver: Even with the right-of-way, a driver on the boulevard is still expected to exercise reasonable care, keep a proper lookout, and use their senses to avoid a car crash if possible.

Maryland accident cases often divide intersecting roadways into two practical categories: favored roadways and unfavored roadways. The favored roadway is the through road, sometimes described as the boulevard. The unfavored roadway may be a side street, alley, parking lot, private driveway, or road controlled by a yield or stop sign.

List of Examples of When a Driver Is Unfavored

• A driver entering a main roadway from a side street, alley, driveway or parking lot without yielding.
• A driver making a left turn across oncoming traffic at an intersection.
• A driver pulling onto a highway from a stop sign.
• A driver merging onto a highway without yielding.
• A driver entering the roadway from a shoulder or emergency lane without waiting for a safe gap.
• A driver proceeds through an intersection after ignoring a yield sign.
• A driver attempting to “beat the light” by entering on a yellow light, but does not clear in time and is hit.

The Purpose of the Boulevard Rule

The purpose of the boulevard rule is to facilitate the free flow of traffic on major thoroughfares and ensure driver safety by preventing unnecessary interruptions, delays, or confusion. The boulevard rule, however, is not absolute. The boulevard rule will not provide a defense if the favored driver was driving negligently, and the negligent behavior was the proximate cause of the automobile collision.

How the Boulevard Rule Works

• Tiered Roads: The boulevard rule divides roadways into “favored” roads (major roadways, highways or boulevards) and “unfavored” roads (side streets, alleyways, driveways, or parking lots).
• Strict Yielding: Drivers on an unfavored roadway must completely yield the right-of-way to all ongoing traffic on the favored boulevard before entering or merging.
• Determining Fault: A driver entering from an unfavored road who causes a car wreck is typically considered negligent, making it easier for insurance companies and courts to assign liability in intersection car accidents.

Contributory Negligence

Contributory negligence is a personal injury legal doctrine that can change the results of Boulevard Rule cases that have been filed by a favored driver against an unfavored driver. Contributory negligence prevents an injured party from recovering damages if they are found to be even partially at-fault for the car crash. Under this rule, if a person’s actions contributed in any way to the cause of the auto accident; they are barred from recovering compensation for their injuries.

For example, if you were in a car wreck and were found to be 1% at-fault for the vehicle crash, you would not be entitled to any compensation, even if the other motorist was 99% responsible for the car crash. This strict rule often creates challenges for those injured in auto accidents because it places the burden of proving fault on the injured party.

This means favored drivers can lose their personal injury case if they were driving reckless, speeding, driving without their headlights at night, or driving under the influence of drugs or alcohol at the time of the car wreck.

Are There Exceptions to Contributory Negligence in Maryland?

Last Clear Chance Doctrine: An exception to the Boulevard Rule is known as the last clear chance doctrine. This aspect of Maryland personal injury law can be used by unfavored drivers who are, despite their status on the roadway, suing a favored driver for a car collision in an eligible Maryland intersection.

Under the last clear chance doctrine, unfavored drivers can actually win their case against a favored driver; overcoming the boulevard rule if they can prove that the favored driver had a clear opportunity to avoid the impending car crash but instead chose to let the auto accident occur.

If the responsible party fails to take a final opportunity to avoid causing an auto collision and injuries, contributory negligence may not apply. The doctrine establishes a duty of care on the responsible party. It mandates a higher degree of negligence on whoever had the last opportunity to avoid an injury-causing accident but failed to do so.

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Maryland’s Boulevard Rule is a legal doctrine that requires drivers to yield the right-of-way to vehicles established on a roadway, highway or boulevard. The boulevard rule can impact the liability of a driver in a personal injury claim, and if a driver violates the rule and causes an automobile accident, they may be found liable for the resulting injuries and damages.

If you have been injured in a car crash involving a vehicle and believe that the Boulevard Rule may apply to your claim, it’s important to consult with an experienced personal injury car accident attorney who can evaluate the facts of your case and advise you on the best course of action. Do not wait to get legal representation.

If you are looking for personal injury attorneys near me who understand Maryland law and know how to fight for personal injury car crash victims, call the Law Offices of Larry B. Litt today at 443-844-1528. Our legal team is available 24/7/365 and are ready to help you move forward.