It is important to know your legal rights and options if a car hits you while merging. While some general principles like right-of-way may provide guidance, insurance companies will closely examine all available evidence to assign fault.
Despite the insurer’s goal of limiting payouts, a dedicated Lafayette car accident lawyer can thoroughly investigate the case and advocate for your rights. Let’s examine the factors for determining who is at fault in a merging accident case.
Are There Any General Rules About Fault in a Merging Accident?
What if I am rear-ended while merging? Who had the right of way? Many questions arise when you’re in a car accident that involves the merging of two vehicles into one lane.
There is no simple answer as to who is at fault in a merging accident, as it depends on the specific circumstances and traffic laws that apply wherever the crash occurred.
However, here are some general principles that may determine fault:
- Original Lane Owner: The vehicle already on the road generally has the right of way. Merging vehicles need to yield to existing traffic when entering a highway or changing lanes.
- Making safe lane changes: The merging vehicle is responsible for finding a safe gap in traffic to complete the merge. They can’t force their way into traffic and assume existing vehicles will slow or move over.
- Blocking: However, vehicles in the lane being merged into also have a responsibility to keep aware of merging traffic and leave enough space when reasonable to do so safely. Blocking or impeding merges could be seen as partial fault.
- Speed factors: Speed also matters. If an already speeding vehicle in the lane plows into a vehicle merging at a safe speed and distance behind, fault may fall more on the speeding driver.
- Signal of the intent to merge: Signaling is important. Failing to properly signal a merge or signaling and then not completing it can increase fault for an accident.
- Roads and traffic: Road conditions, traffic conditions, and visibility can impact fault determinations as well if they pose challenges or limitations.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientHow Comparative Negligence Impacts Your Claim
Because many states, including Louisiana, follow the doctrine of comparative negligence in personal injury claims, fault can be proportioned between drivers rather than assigned completely to one party if both contribute to subpar driving actions.
This means that even if you share some blame for the collision, you may still receive damages but see it reduced by your percentage of fault. Your attorney can also negotiate on your behalf to minimize your portion of liability and maximize your compensation.
We can help protect your financial interests in a complex comparative negligence case.
Having a dedicated Lafayette personal injury lawyer can help ensure that you’re defended against allegations of liability.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientHow Insurance Companies Look at Fault and How a Lawyer Can Defend Your Claim
Insurance companies are motivated to pay out the least amount of damages possible. To that end, they want to limit their liability in an accident. If that means finding ways to reduce or deny a claim, they will not hesitate to do so.
With that in mind, they will consider the evidence in a case to determine liability. However, a lawyer can analyze your situation to identify all potentially liable parties, gather evidence to support your claim and defend your interests when dealing with the insurance adjusters.
Here are some key factors considered when determining fault in merging accidents:
- State traffic laws: Who had the right of way based on merge/yield requirements plays a big role in determining fault. A lawyer can analyze the specific traffic laws to advocate for your rights.
- Vehicle placement: Skid marks and debris location help insurance companies place where the impact occurred in the lane, with closer to the center, favoring the lane vehicle. A lawyer can dispute the insurance company’s analysis of the vehicle placement.
- Physical damage: The type and extension of damage on the vehicles provide clues to the collision point and angle for insurance companies. A lawyer can hire their own accident reconstruction expert to analyze the physical damage to tell a complete story.
- Witness statements: Independent accounts of vehicle movements, speeds, and signaling can corroborate driver narratives for insurance companies. A lawyer can help locate additional witnesses to support your side of the story.
- Driver narratives: However, inconsistent or conflicting stories compared to the evidence raise suspicion of liability for insurance companies. A lawyer can help you prepare and tell a coherent narrative to dispute the insurance company’s version of events.
- Vehicle data recorders: Dashboard cameras and event data recorders can verify speeds and maneuvers if available. A lawyer may be able to obtain EDR data supporting your claim.
- Accident reconstruction: In complex cases, an expert analyzes roadway evidence and applies scientific analysis for insurance companies. A lawyer can retain an accident reconstruction expert on your behalf.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientContact a Car Accident Law Firm for a Free Consultation
Determining fault in merging accidents can be a complex process, but it is crucial to understand as an accident victim. Insurance companies will vigorously examine all evidence to limit their liability, potentially denying or underpaying claims.
At Laborde Earles, our Lafayette car accident attorneys have extensive experience defending clients in these challenging liability cases. We understand how factors like road conditions, vehicle placements, witness statements, and comparative negligence laws can affect outcomes.
Our team will conduct a thorough investigation of the accident and work to ensure your rights are protected at each stage of the insurance claims process. By retaining an advocate, you can feel confident your legal interests will be protected regardless of the determination of fault. Contact us today to schedule a free consultation on your merging accident case.
