Improper Passing Car Accident in Maryland
An improper passing car accident in Maryland is a frequent occurrence. Unfortunately, this is one of Maryland’s most common causes of car accidents. This cause is responsible for plenty of fatal accidents. Below, we discuss why this type of accident occurs and how to anticipate and prevent it from happening to you. This may be a matter of life or death for you and your family. Then, we discuss the typical injuries sustained in improper passing accidents. We also discuss proven legal strategies to handle improper passing accidents and how to prove fault at trial. Most of these accidents are due to impatient drivers looking to speed past you in a fit of road rage. This is unacceptable and negligent behavior. When this carelessness on the road results in injury to others, they should be held accountable.
An improper passing car accident in Maryland occurs when one car overtakes or passes without sufficient clearance. Or, if the negligent driver ignores signs that regulate passing zones, that also constitutes improper passing. Although, the second instance is rare. In Maryland, there are urban environments and rural roads. Improper passing accidents can happen in either instance. On a rural road, it may be on a dotted yellow line that another driver mistimes their passing and causes a head-on collision. Or, in a more urban environment like Baltimore or Bethesda, where two roads merge into one, an improper passing may occur.
Speaking to a skilled, experienced attorney at Gelb & Gelb can greatly increase your chances of a sizeable recovery. Contact our office today for a free consultation.
Common Causes of Improper Passing Accidents
There are many potential causes of improper passing car accidents in Maryland. Below, we discuss the most common causes.
Impatience
Impatience is a nice way of describing how some drivers behave on the road. This can also be described as road rage, recklessness, and vehicular manslaughter in the worst cases. In other instances, a driver may just be late to a meeting and frustrated by another driver’s speed. In any event, impatience is not an excuse to improperly pass another driver and cause an accident. Even when impatient, that driver must remain calm and pass only when it is safe to do so.
Misjudgment
Misjudgment is likely the most common cause of improper passing accidents. The passing driver may see your car in their sideview mirror and see that you are driving 40 miles per hour, but by the time he merges into your lane, you are going 50 miles per hour, and an accident occurs. Depending on the point of impact on either vehicle, the other driver is at fault for misjudging the correct time to pass. A misjudgment can occur because the other driver is impatient, drunk, or distracted. No matter the underlying cause, it likely is a form of misjudgment. Otherwise, it may not be a negligence cause of action but instead a civil battery.
Misjudgment is at the crux of any Maryland car accident. It is unique to an improper passing accident if the adverse driver misjudges the other vehicle’s distance or speed. If they misjudge the space they have based on the distance and speed of another car like yours and the result of an accident, you may have a case worth pursuing. If your case is viable, speak to a Maryland car accident attorney immediately.
Drunk

Fortunately, drunk driving has steadily decreased over the last several decades. Nonetheless, it is not entirely voided in our society. There is an average of 2,998 injuries annually because of drunk driving. In many of those accidents, the driver injures no one but themself. However, in more unfortunate accidents, young children who are riding as passengers with their families pass away. This leads to a wrongful death claim. Unfortunately, the drunk driver may not have enough insurance coverage on their policy to cover all the economic and emotional damage done due to their selfish behavior.
The perils of drunk driving should be common knowledge at this point for many of us. Alcohol reduces our ability to make prudent decisions. It also slows down our cognitive speed, reaction time, and judgment. Unsurprisingly, this ties directly into misjudgment in improper passing accidents. Accordingly, drunk driving and improper passing car accidents in Maryland frequently go together.
Distracted
Activities like texting, speaking on the phone, participating in a heated discussion within the car, observing things outside of the car, or even adjusting the radio are all forms of distracted driving. With ever-shortening attention spans, getting distracted while behind the wheel can be easy to succumb to. However, it is even more important not to be distracted because of how easy it is to get distracted. Driving a car on the road may not seem like a big deal for many who rely on their car daily to get to work or around town. However, the lives of the people around you are in your hands. Serious injury could ensue if you rely on your periphery to make a lane change or pass another car.
Injuries Commonly Sustained in Improper Passing Accidents
- Fractures and broken bones
- Head injuries, including traumatic brain injuries
- Spinal cord injuries, potentially leading to paralysis
- Neck injuries
- Lower back injuries
- Wrist injuries from attempting to brace yourself just before a crash
- Internal injuries
How to Prove Fault in an Improper Passing Accident
Proving fault after an improper passing Maryland car accident is the job of a Maryland accident attorney. You should not attempt to do this independently. To assist your attorney in this process, the first thing you should do is speak to them immediately. Then, collect evidence. You can get certain pieces of evidence as the accident victim before your attorney.
- Police reports. These are actually inadmissible at trial. So, while they may blame the other driver, that does not necessarily have any legal significance. However, the police are often correct. Accordingly, police reports do have some value in a settlement negotiation.
- Eyewitness testimony. In an improper passing Maryland car accident, eyewitness testimony may be the single most important piece of evidence you can obtain, aside from dash camera footage. While concrete evidence like video footage is ideal, independent eyewitness testimony can significantly bolster your argument in court.
- Dash Camera footage and photographs. We touched on dash camera footage already, but photographs of the damage to your vehicle and any other vehicles involved in the collision are immensely helpful in telling the story of how the accident occurred. This property damage evidence can support or contradict testimony at trial.
- Expert testimony. We can hire an accident reconstructionist to testify at trial about how the accident occurred based on your gathered evidence.
Call Gelb & Gelb After an Improper Passing Car Accident in Maryland
If you are in an improper passing car accident in Maryland and believe the other driver is at fault, we can help you prove it. Above, we described how we do this. The sooner you contact us, the sooner we can get the ball rolling and investigate your case. We have over 70 years of experience handling car accident cases in Maryland.
Call Gelb & Gelb today for a free consultation at (202) 331-7227.
