The Maryland Boulevard Rule: What It Means for Pedestrians, Cyclists, and Similar Injury Claims
At our firm, we represent people whose lives are turned upside down in a moment, often while walking, biking, or otherwise navigating roads designed for cars. One of the most important, and often misunderstood, legal principles affecting these cases is Maryland’s Boulevard Rule
A recent court decision threatens to weaken this rule, making it harder for vulnerable road users to hold drivers accountable. Below, we explain what the Boulevard Rule is, how it applies to pedestrian and bicycle crash cases, and why it matters more now than ever.
What Is the Maryland Boulevard Rule?
The Boulevard Rule is a longstanding legal doctrine in Maryland that governs who has the right-of-way at certain types of intersections, specifically, where one road is designated as a “through highway” or boulevard. The rule is codified in Maryland Transportation Articles §§ 21-403, 21-404, and 21-705(c).
Under the Boulevard Rule:
- Drivers entering or crossing a boulevard must come to a complete stop and yield to all traffic already on the through road.
- Drivers already on the boulevard, this including pedestrians and cyclists lawfully in crosswalks, have the right-of-way and are not expected to anticipate others violating traffic laws.
- If an unfavored driver causes a crash by failing to yield, they are generally considered negligent as a matter of law.
This rule has been a cornerstone of Maryland traffic law for decades. It helps ensure clarity at intersections and provides protection to road users who follow the rules, especially those at greatest physical risk in a crash.
What’s Changing, and Why It Matters?
In a recent case, the Appellate Court of Maryland signaled a potential departure from this long-standing precedent. The court opened the door for favored drivers, particularly pedestrians and cyclists using designated crossings or while traveling on the Boulevard, to be found contributorily negligent under less extraordinary circumstances.
This shift is alarming. Vulnerable road users already face disproportionate risks on streets designed primarily for motor vehicles. If courts begin to erode the protections afforded under the Boulevard Rule, these users may find themselves unfairly blamed in crashes where they had the right-of-way.
The Stakes for Pedestrians and Cyclists
Maryland has taken legislative steps to protect VRUs through initiatives like the Strategic Highway Safety Plan and proposed legislation such as House Bill 594, which introduces comparative negligence in certain motor vehicle accidents involving vulnerable individuals.
But if judicial decisions do not align with these efforts, such protections may prove hollow. Cyclists and pedestrians are already navigating a transportation system not built with their safety in mind. When the law shifts to blame them, even when they are following the rules, it compounds an already dangerous situation.
An amicus brief (PDF) that I recently filed on behalf of Bikemore, a Baltimore-based nonprofit that advocates for safer biking and walking infrastructure, highlights the impact of eroding the Maryland boulevard rule for pedestrians, cyclists and other injury victims:
“The disparity in physical protection and safety technology between VRUs and modern motor vehicles leaves little margin for error and few, if any, second chances.”
Why the Boulevard Rule Should Be Strengthened, Not Weakened
When VRUs are lawfully using Maryland’s roads and have the right-of-way, the legal system must continue to hold motorists to a high standard. The Boulevard Rule has historically served that function. Weakening it sends the wrong message at a time when our state is encouraging more sustainable, pedestrian- and cyclist-friendly modes of transportation.
Clarifying and reinforcing the Boulevard Rule is not just a matter of legal consistency, it’s a public safety imperative.
Why It Matters for Injury Claims
If you’re hit while walking or biking, whether you can recover damages may depend in part on how the courts interpret the Boulevard Rule. Historically, Maryland courts have rarely allowed contributory negligence claims against favored drivers. But if that changes, so does your ability to hold a driver accountable, even if you were lawfully using the road.
This makes it critical to work with a law firm that understands the nuances of Maryland traffic law and how rules like the Boulevard Rule can impact your case.
Moving Forward
Our team of Maryland personal injury lawyers represent individuals who are often at a disadvantage when navigating the aftermath of a crash. As this issue evolves in Maryland’s courts, we remain committed to advocating for legal protections that reflect the realities of our roads, especially for those without the protection of a vehicle.
If you or someone you love has been involved in a crash as a pedestrian, cyclist, or other vulnerable road user, and you believe your rights were not respected, our experienced legal team is here to help.
Contact us today at 1-800-522-0102 to discuss your options and understand how Maryland law, including the Boulevard Rule, may affect your case.
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