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How Do I Determine Who had the Right of Way and Who is at Fault for the Accident?

If you are involved in an automobile accident, and you have the “right of way”, the other driver is typically going to be considered at fault for the accident.

Some rules involving rights of way are common sense.

The driver with the green arrow has the right of way. The driver with the solid green circle has the right of way if going straight, but must yield to oncoming traffic if turning left. Maryland gives further guidance on rights of way, and the law divides all intersecting roadways into two classes. One class involves “favored” roadways [i.e. the Boulevard], the other “unfavored.” As Attorney Eric T. Kirk will tell you.

The driver operating on the favored road has the right of way-as long as he or she is obeying the rules of the road [for example, not going the wrong way on a open-way-street]. He or she can assume the driver on the unfavored road will stop or otherwise yield. Typically, this involves a through highway intersected by a side street or alley way, or parking lot, sometimes with a stop sign. Most Baltimore personal injury attorneys know that the purpose of the rule, at least in part, is to encourage the unimpeded flow of traffic on the Boulevard. The driver entering the favored road gains the right of way once they have entered the flow of traffic.

The law in this area can become surprisingly intricate.

An example would be where passengers have brought personal injury claims against drivers, and both of the drivers have contributed to the accident in some manner. An experienced Baltimore personal injury lawyer can advise you of the role of the Boulevard rule, and the determination of who had the right of way, in your personal injury case.

I’d be happy to perform a free legal analysis and application of the law to the particular facts of your accident. If you have sustained an injury in a motor vehicle accident, call me today. 410 591 2835.

CALL NOW! (410) 835-4272