Driving on Divided Highways Jury Instruction in Accident Cases

Transportation Article Section 21-311 Driving on Divided Highways: You are instructed that it is the law of this State that at all times, consistent with the requirements of this section, on any divided highway:

(1) A vehicle may be driven only on the right-hand roadway, unless directed by a traffic control device or a police officer.

(2) A vehicle may not be driven over, across, or within the dividing space, barrier, or section except, unless specifically prohibited by public authority, through an opening in the space, barrier, or section or at a crossover or intersection; and

(3) A vehicle may not be driven on the median strip, unless permitted to do so by public authority.

Miller & Zois Analysis

This is a relatively standard jury instruction. Many other states (Idaho, Rhode Island and Texas for example) have a virtually identical instruction. It is not particularly complicated. It sets forth that a vehicle should be driven on the right side of the road (distinguishing Baltimore from London!) and notes that a vehicle cannot drive on the median strip (which often assists in establishing negligence in auto accidents that occur on median strips to show the at-fault driver was not permitted to be where he was). In personal injury cases in Maryland, lawyers typically do not need this jury instruction to establish negligence in auto accident cases.

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Thoughts on Accident That Involved Driving on Divided Highways

it’s crucial to understand the unique aspects and potential challenges of cases involving accidents on divided highways. Here are key considerations to keep in mind when preparing for such cases:

1. Determining Liability: Understanding how accidents typically occur on divided highways is vital. This includes issues related to merging lanes, high-speed limits, and improper use of lanes. Often, determining liability will involve analyzing whether any traffic laws related to divided highway driving were violated, such as illegal lane changes or speeding.
2. Evidence Gathering: For a personal injury attorney, gathering comprehensive evidence is crucial. This includes obtaining traffic camera footage, vehicle data recorder (black box) information, and eyewitness accounts. On divided highways, skid marks and debris locations can provide insights into the dynamics of the accident.
3. Expert Witnesses: Utilizing traffic accident reconstruction experts can be particularly beneficial in divided highway cases. These experts can help clarify the causes of the accident and the dynamics involved, which are critical in high-speed environments. We do not love using accident reconstructionist experts, mostly because we do not think the jury gives their opinions a ton of weight.  But in “where was she on the divided line” cases, they can be very useful.
4. Injuries and Medical Documentation: Given the higher speeds typically involved on divided highways, injuries may be more severe. It’s important to obtain detailed medical records and expert medical opinions to establish the extent of injuries and their long-term impact. This documentation is essential for accurately claiming damages.
5. Statutory Compliance: Ensure that all aspects of the case adhere to state-specific traffic laws concerning divided highways. This includes statutes related to speed limits, highway signage, and lane usage. Knowledge of these details can significantly influence the legal strategy and outcomes.
6. Use of Technology: Leverage technology to present your case effectively. This can include using simulations and other visual aids to demonstrate to a jury how the accident occurred and the impact of the injuries sustained on your client’s life.