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Personal Injury Blog

  • Maryland Court of Special Appeals Tightens Safety Rules for ...

    Posted By Chaikin, Sherman, Cammarata, Siegel, P.C. || 12-Mar-2014

    By: Matthew Tievsky

    In Ayala v. Lee, the Maryland Court of Special Appeals has made it clear than an unsafe lane change will not be tolerated if it causes an automobile collision. In this case, the plaintiffs were fully parked on the right shoulder of a highway. The defendant truck driver testified that he was driving in the right lane, when he saw a vehicle begin to drift into his lane from the left lane. The defendant could not personally remember what happened next, but it is undisputed that he then changed lanes into the shoulder and hit the plaintiffs.

    Unsafe Lane Change

    The Court of Special Appeals held that under these facts, the defendant must be found at fault, for two different reasons. First, Section 21-309(b) of the Transportation Article of the Maryland Code establishes a duty to only change lanes when it can be done safely; by definition, it was not safe to change lanes into a parked vehicle. Second, even without the statute, there is a general duty for a driver to keep a lookout while on the road; here, the defendant failed to do that, as he could not remember seeing the parked car and there was no evidence that he looked for one. The Ayala decision makes it clear that if the defendant admits to changing lanes into another car, there is no escape from liability.

    If you have any questions about who is at fault in an auto accident following an unsafe lane change, you should contact the personal injury attorneys at Chaikin, Sherman, Cammarata & Siegel, P.C.

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