Who Had the Right of Way?

This seems pretty clear-cut to me, but then, I know the intersection in question really, really well. The last I remember, the law requires the driver on the secondary roadway (in this case, an exit ramp) to yield right-of-way, and in fact, stop at an inoperative traffic light, to allow the motorist on the primary roadway (in this case, MD Rte 175) to continue.

Did the police make the correct call?

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Comments (4)

RobDecember 11th, 2006 at 2:54 pm

The driver of the truck was in the wrong. If the light’s out, it’s an uncontrolled intersection, since Maryland has no specific code in Title 21 to address inoperative signals. The exit ramp across 175 from southbound I-95 is a crossover, and otherwise uncontrolled, traffic on 175 has the right of way.

§ 21-404.1. Vehicle entering highway from crossover.

(a) Entering or crossing highway from crossover.- The driver of a vehicle about to enter or cross any other part of a highway from a crossover, whether or not signposted, shall yield the right-of-way to any other vehicle approaching on that part of the highway.

GerenDecember 11th, 2006 at 3:03 pm

Yup, that’s right. The cop on the scene made the correct call. It should be a pretty open-and-shut case.

Prosecutors said Dicks, who noticed the traffic light was not working, ’slowed down’ to look for oncoming traffic and continued driving.

In fact, Dicks should have come to a complete stop.

I’ve been driving for a lot longer than the driver of the car, Meghan E. St. Martin, and I would have done pretty much the same as she … noticed the approaching truck slowing as it approached the intersection, and continued driving.

What really amazes me about this is the defense’s contention that the police on the scene mis-interpreted the law in the matter, when charging Dicks.

RobDecember 11th, 2006 at 4:37 pm

Gee - we agree twice in one day. Is that a sign of the apocalypse?

GerenDecember 11th, 2006 at 4:53 pm

Either that, or it’s gonna snow. :)

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