You may often hear insurance carriers refer to the "Boulevard Rule" when they investigate an automobile accident. However, what you may not know is what the Boulevard Rule really is.
The Maryland Boulevard Rule was adapted by a Maryland Court of Appeals in 1939 to expedite the flow of traffic on a favored highway thus allowing drivers on said highways to travel without stopping for each intersection. All drivers approaching a main street or highway have a duty or obligation to yield to the traffic on the major roadway. If the driver of a vehicle fails to yield to this rule then they were negligent as a matter of law. A claim for damaged property or bodily injuries could have been filed again the negligent party's insurance carrier.
Over the years the rule has evolved. In 1977, the Court of Appeals reduced the harshness of the application of the rule. It was found that the driver on the favored highway was negligent and his negligence was the proximate cause of the collision. Proximate Cause is a legal term that means "an intervening cause which produces injury and without which the accident could not have happened, if the injury is one which might have reasonably anticipated or foreseen as a natural consequence of the wrongful act." In the light of the legal case of Covington v. Gernet, 280 Md.322, 373, A.2d 624 (1977), the Department of Motor Vehicles revised this rule and included the definition of "right of way" as "the right of one vehicle ...to proceed in a lawful manner on a highway of preference to another vehicle"
What all this means is that the Maryland Boulevard Rule no longer applies when favored drivers are driving in an unlawful manner on a main street or highway. If a favored driver is speeding, fails to yield to traffic control devices, or fails to stop, it is possible the favored driver may be found to be at fault for the accident.
The Maryland Accident Lawyers in our office are familiar with this rule and how it applies to everyday travel. In the event that a motor vehicle collision should occur, contact our office for a free legal consultation. If you would like more information on personal injury claims, feel free to visit us on the web at http://portnerandshure.com
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