Who May Be Liable for a Crash Caused by a Failure to Signal?

Failure to signal remains one of the most preventable causes of vehicle crashes. When drivers do not signal before changing lanes or turning, drivers around them may not have time to react, creating hazardous conditions that could lead to serious collisions

Despite the clear liability of a turning driver who fails to signal, these crashes can present a significant legal challenge due to Maryland’s strict contributory negligence system. Even minor oversights in developing your case could bar you from recovering any compensation. Having the right lawyer to manage your case is essential as insurance companies will actively seek ways to assign you with partial blame to avoid paying your claim.

At The Law Offices of Peter T. Nicholl, If you or a loved one has been injured in a car accident due to failure to signal, our knowledgeable Maryland car accident attorneys are available to discuss your potential legal options during a free consultation. Our trusted law firm has decades of experience, and we have recovered millions of dollars in settlements on behalf of our clients.

Request a FREE case review today: 410-297-0271.

What Is a Failure to Signal According to Maryland Laws?

Maryland transportation law specifically states when drivers are required to signal their intentions before turning, changing lanes, or altering their vehicle’s direction in any other way. The purpose of this law is to improve road safety by giving other drivers adequate time to anticipate and respond to movements.

According to Maryland Transportation Code § 21-604, drivers must signal continuously during the last 100 feet traveled before turning. For lane changes, drivers should activate signals before beginning the maneuver. Signaling as you are turning or changing lanes does not give sufficient warning to nearby vehicles.

This law applies to all turns, lane changes, and even when pulling away from a curb. The signal must remain on during the entire maneuver until completed. Turn signal violations constitute a traffic infraction, which can result in the offending driver getting a ticket. It can also serve as the basis for negligence in car accident cases.

Who May Be Liable for a Failure-to-Signal Crash in Maryland?

In Maryland, drivers are required to signal before making turns. This rule is in place to give other drivers traveling nearby sufficient time to react and avoid accidents. When a failure to signal leads to a collision, the driver who did not signal may often be the liable party. Maryland law explicitly requires proper signaling before turning or changing lanes, making it clear when this duty has been breached.

Does Negligence Per Se Apply in Signal Violation Cases?

A failure to signal may constitute negligence per se, but it depends on the actions of other drivers involved in the crash.

Negligence per se is the legal doctrine that automatically establishes the breach of duty element in a negligence claim when a safety statute is violated.

Under Maryland law, negligence per se applies when:

• A safety statute was clearly violated (in this case, the signaling requirement)
• The injured person was within the class of people the statute was designed to protect
• The harm suffered was the type the statute aimed to prevent

Since Maryland’s Transportation Code § 21-604 specifically requires signals, violating this statute provides a straightforward path to establishing liability. However, the insurance company will need to determine whether the other driver may have shared liability.

When a driver fails to signal and causes a crash, these elements are typically satisfied, creating a presumption of negligence that significantly strengthens the victim’s case.

When Could Victims Be Partially or Fully to Blame for a Failure-to-Signal Crash?

While the driver who failed to signal may be primarily at fault, other drivers involved in the crash could share liability under certain conditions. A failure to signal does not guarantee that the other driver’s actions will be deemed faultless. In some cases, other drivers could be partially or fully responsible for the crash.

These are some of the ways insurance companies may try to shift some of the blame to you:

• Speeding: You were traveling above the speed limit, which reduced your ability to react to a driver who failed to signal
• Following Distance: You were following too closely behind the other vehicle, violating your duty to maintain a safe distance.
• Distracted Driving: Phone records or witness statements suggest you were not fully attentive to the road.
• Failure to Take Evasive Action: Despite the lack of a turn signal, you had sufficient time to brake or swerve but failed to do so.
• Visibility: Your headlights were not properly functioning, or your windshield was obstructed, limiting your visibility.
• Right-of-Way Violations: You were in an improper lane position, or you failed to yield when required by other traffic laws.
• Reaction Time: Your response time suggests impairment, fatigue, or other factors affecting your driving ability.

Unfortunately, even if you were only one percent at fault for the crash that injured you, Maryland’s strict contributory negligence rule could prevent any financial recovery. This harsh standard is exactly why you should work with experienced attorneys who can anticipate and counter these arguments, preserving your right to compensation after a signal-related crash.

Need Legal Help? Contact Our Skilled Maryland Law Firm Today

If you or a loved one has been injured in an accident caused by a driver who failed to signal, we are prepared to help you understand your rights and determine what avenues you may have for seeking compensation.

At The Law Offices of Peter T. Nicholl, our firm is committed to thoroughly investigating the circumstances surrounding your case and holding the responsible parties accountable. We can also dispute fault that has been unfairly assessed against you. The first step is finding out if you may have a case. If you have legal options and we represent you, there are no upfront costs or fees to pay.

Call: 410-297-0271 to discuss your situation in a free, no-risk case review.