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Originally Posted by 1JB
I believe your analysis of the "Boulevard Rule" may be incorrect. The rule simply states that: "a driver approaching an intersection from an unfavored road must yield the right-of-way to drivers on the "through highway" already in or approaching the intersection." If the driver does not stop and look before entering then they are contributoryily negligent under the boulevard rule and cannot recover. If the driver does stop and look and there is still an accident then it becomes a question for the jury as to whether the non-favored driver was contributoryily negligent because of poor judgement. Whether the judgement of the non-favored driver was poor will also allow the jury to evaluate the behavior of the favored driver. If the favored driver was negligent then the non-favored driver can recover. In short, if you stop at the intersection of a highway, and look both ways and judge it to be safe to enter or cross or see no cars or judge it to be safe to enter as you enter a highway from an on ramp and the favored driver is exceeding the speed limit then the jury can find the favored driver negligent. Anyone who thinks they can barrel down, while speeding on drivers as they enter an on ramp and face no liability for an ensuing accident is sorely mistaken.
To quote from one case: "From the host of cases this Court has reviewed in the last century, we encapsulate the following rule: the mere occurrence of an accident in a protected intersection will not of itself establish negligence against the unfavored driver. Whether one looked and failed to see a vehicle within the zone of danger is a jury question, except in those rare instances when the evidence is so definite that reasonable minds could not differ. Before a court may declare contributory negligence more than slight as a matter of law, the location of the oncoming vehicle must have been in an obviously favored position within the radius of danger; otherwise, the question is one for the jury."
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Nothing I read regarding the Boulevard Rule says anything about the favored vehicle being in or approaching the intersection. The rule simply states that the unfavored roadway yields to the favored roadway. Quoting from another case:
"The court discussed a variety of policy reasons for the boulevard rule and, among other things, emphasized the duty of unfavored drivers:
“the duty of an unfavored driver to stop and yield the right-of-way is mandatory, positive and inflexible.” "
"Additionally, in Maryland “
excessive or unlawful speed on the part of the favored driver 'will ordinarily not be considered a contributing factor' in a Boulevard case.” Thompson v. Terry, 226 A.2d 540, 544 (1967), citing Sun Cab Co. v. Faulkner, 163 Md. 477, 163 A. 194 (1932). In order to support an action for damages, the injured party must demonstrate that the driver’s excessive rate of speed was a proximate cause of the accident.
This is a high burden placed on the unfavored driver because they must show that the accident occurred solely based on the deviation of care by the favored driver RATHER THAN their failure to yield as required by law. "
That's a very high burden of proof for the unfavored driver. The unfavored driver must prove that the excessive speed was the proximate cause of the accident; difficult to achieve, being that had the unfavored driver not entered the roadway he would not have been struck, regardless of the speed of the favored driver. My money is on the favored driver.
Why in God's name would I care to argue about the Boulevard rule? I'm 21 years old (this was a long time ago). I'm driving my newly restored '65 Mustang convertible to the last show of the season. It's 6:00am. I stop at a stop sign, and look both ways. A Polish immigrant is travelling on the favored roadway to my right in a Ford F-150. He is travelling in the opposite direction that I want to go (I will be turning in the direction he is coming from). He is returning from a night of drinking. He is hammered. As I pull into the roadway, turning right, he crosses the center-line, strikes me in the left front grille and fender, spins me around and pushes me through a fence and into a cornfield. The Mustang is a total loss. I am at fault. Friggin' Boulevard rule. He had the right of way. Period.