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If you are in a school zone car accident in Maryland, there are specific legal implications to be aware of. A school zone is intended to be one of the safest places on the road. There is no question that children can be unpredictable. As a society, our job is to protect children because they do not know any better and do not always understand the danger of a car on the road. Accordingly, a reasonably prudent driver knows to slow down. But whether the driver knows to slow down or not, the law almost always requires you to do so when you are in a school zone in Maryland. Maryland has begun to introduce automated speed enforcement systems (ASE). This acts similarly to an officer enforcing the speed limit, but a police officer is not required on the scene to pull you over.
This is beneficial because the state has a finite supply of resources. Maryland cannot afford to have multiple officers in every school zone. However, enforcing the speed limit as much as possible is necessary. But these systems still are not in every school zone. Moreover, not every area around a school is a school zone. School zones must be established by definitive, official action by the authority having jurisdiction over the highway and designated by the appropriate signs, according to the Maryland Department of Transportation State Highway Administration. The Maryland Annotated Code (TR § 21-803.1) allows the area within a one-half-mile radius of the school to be designated a school zone, but that does not necessarily mean it is so.
School zone car accidents in Maryland can occur for several reasons. Many of these common causes are preventable, while others are not even with diligent driving. You can do everything right in many instances and still get into a wreck. When this happens, speaking to a car accident law firm in Maryland is critical. The most common cause of school zone car accidents is distraction. When picking our kids up from school, we are excited to see them and discuss their day. We may be looking in the rearview mirror to check on them. This is normal and understandable. However, taking our eyes off the road for even a second can be enough time for a young student to run into the road and cause an accident.
As the driver, you may be found liable if you had the last clear chance to stop before striking the child. And, of course, other distractions unrelated to your child exist in a school zone. A negligent driver may be texting their kid, communicating where to pick them up. Any form of texting and driving is illegal in Maryland, requiring the driver to take his eyes off the road. Overtaking buses is another common cause of accidents in school zones. Our Maryland accident lawyers have seen numerous cases where a driver is late for something and decides to overtake a school bus that is stopped with its stop sign out. Not only is this careless, it is reckless and criminal. Drivers who ignore these signals put children at significant risk.
Common injuries in school zone car accidents in Maryland affect young students and families in cars. In a Maryland school zone, the consequences of a negligent driver can be far more significant. Every common injury that occurs in a car accident has far scarier implications in a school zone. Common injuries include soreness, fractures, and traumatic brain injuries. In more severe cases, we observe spinal cord injuries. These may occur if a child in the backseat is not properly seatbelted. This injury can lead to long-term or permanent disability. While a spinal cord injury is unlikely at a low speed, back injuries are prevalent in car accidents. The severity of the injury will depend on several factors, including speed and safety technology available in the vehicle.
Additionally, in more severe cases, we observe internal injuries, such as damage to organs or internal bleeding, can occur, especially in high-impact collisions. While you may not suspect a high-impact collision, practicing injury law in Maryland for 70 years has shown that it does occur. Particularly on larger school campuses, two teenagers may be driving towards each other, which results in a head-on collision. This can happen either due to mere distraction or, in more reckless cases, when the two drivers know each other and it is a stunt gone wrong.
There is a wide range of challenges in school zone car accidents in Maryland, from younger students who may walk in front of a car at the last second, leaving the driver no chance to stop, to teenage drivers who behave irresponsibly.
Certain laws apply when the area within a half-mile radius of a school is officially designated a school zone. While the speed limits in school zones do vary, they may not be above 35 miles per hour. This is according to the MD. Transportation Code § 21-803.1 (2023). So, what happens if a driver violates the speed limit within a school zone? If it is an automated fine taken by a camera, the fine may not exceed $40. This is a civil penalty, which means no points will be assessed to your driving record. However, if you are pulled over for going 12 miles per hour or over, you may be subject to a significantly larger fine and points on your record as this is a criminal violation.
An additional Maryland law and regulation to consider in school zones is when a school bus comes to a stop and extends its stop sign. In this scenario, the law requires that you stop at least 20 feet from a school bus. Of course, you cannot pass the bus for any reason, as it would be a gross safety violation that places the children boarding the bus at risk. Kids are known to be unpredictable. While unpredictable, one can reasonably expect them to behave that way. Thus, the law expects us to behave accordingly. Notably, Maryland drivers are not required to stop for a school bus with its sign extended if the road is separated by a physical median – such as dirt, grass, or a barrier.
But beware, if an officer discovers that you ran a school bus stop sign in violation of Maryland law, you may be subject to a fine of $570 and three points on your driver’s license.
After a school zone car accident in Maryland, the first step is to ensure everyone’s safety and well-being. It is critical to act quickly. This means getting proper medical attention. Refrain from relying on the school’s nurse exclusively. Call 911 to get police and paramedics on the scene. Then, if you are involved in the accident, exchange information with all parties, document the scene, and contact an attorney.
School zone car accidents in Maryland are scary. While it is imperative to care for the well-being of everyone else in the accident, you also must protect yourself and your rights. Protect your rights by contacting a Maryland accident lawyer today.
Call Gelb & Gelb for a free consultation and case evaluation at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.