Aberdeen, MD asked in Personal Injury and Traffic Tickets for Maryland

Q: Regarding 21-401. Does the right of way apply to someone using the shoulder illegally as a lane?

The person turning left was in a designated left turn lane on a divided highway with the two lanes of traffic to pass though completely stopped and filled from one light to the next with vehicles is each lane stopped to allow the person turning left to be waived through.

1 Lawyer Answer
Eric Todd Kirk
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Answered
  • Criminal Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: It's difficult to envision the exact scenario you confronted based on your description. Was there a traffic control device? Your situation appears to involve two potentially competing concepts. Maryland law provides that one can turn left across oncoming traffic only when safe to do so. The Boulevard rule gives the right of way to oncoming traffic that is legally on the Boulevard. A car traveling in the shoulder would not be. If this incident involved personal injury you should promptly consult with an experienced personal injury attorney.

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