That area does have the dashed lines for passing on the right.
I drive it every day.
Okay, so if it does have the dashed lines, it is perfectly legal and so I apologize. The following was taken from Maryland General Assembly website. There is also a thread from 2004 on the forums that discusses it (and may be more).
"The driver of a vehicle may overtake and pass a vehicle on the right only if (1) the overtaken vehicle is making or about to make a left turn; (2) on an unobstructed highway unoccupied by parked vehicles that is wide enough for two or more lines of vehicles moving in the same direction as the overtaking vehicle; or on any one-way roadway if unobstructed, and wide enough for two or more lines of moving vehicles. In the above circumstances, the driver of a vehicle may pass on the right only if it is safe to do so. The driver of a vehicle may not overtake and pass another vehicle on the right by driving off
the roadway. The driver of a vehicle who passes on the right unlawfully or drives off the roadway while passing on the right is guilty of a misdemeanor and is subject to a maximum fine of $500. The prepayment penalty assessed by the District Court is $110 and MVA must assess one point against the driver’s license. If the violation contributes to an accident, the prepayment penalty increases to $150 and three points must be assessed against the driver’s license."
As DoWhat said, there are dashed lines which would make it legal, so I am sorry. However, the argument here is now what constitutes "roadway?"
Regardless, I should have not gotten off topic. This is a tragedy for ALL involved any way you look at it. And my thoughts and prayers go out to anyone touched by this.