There are several different kinds of accidents that can happen when a vehicle is merging. When you are merging into traffic or switching lanes, you will have to judge the distance between vehicles so you can safely maneuver.
Sometimes, it is hard to accurately judge because a vehicle might be exceeding the speed limit or might change lanes illegally. If you are trying to merge and a vehicle speeds up to try to keep you from getting in front of them, you might be able to pursue a personal injury claim against he other driver for his or her actions contributing to or causing the crash.
Who Is At Fault If A Car Sped Up and Hit Me While Merging?
The car that sped up is likely at fault if they violated a speed limit or speeding law.
A merging accident happens when a vehicle travels from one lane to one of the parallel lanes and ends up hitting a car that’s already in that lane. Oftentimes, this happens when the car that is merging fails to either slow down or speed up sufficiently in order to miss the car traveling in the lane beside it. This failure can happen as a result of the driver either (1) misjudging the space between the cars, or (2) has not noticed the presence of the other vehicle.
There are often situations when the vehicle being driven in the parallel lane is unable to avoid an accident. The driver may not have noticed that the merging car is trying to come into its lane. This is especially common if the driver of the merging car has failed to utilize their turn signal.
Usually, when a merging accident takes place, the vehicle that’s merging is almost always considered to be at fault for the accident. This is because the driver who’s changing lanes or entering a highway is required by law to yield to the right of way of any oncoming vehicles. The driver is expected to judge both the amount of space required as well as the speed needed to merge safely before signaling their desire to merge to the driver in the lane they want to merge into through the use of a turn signal. This means that, if the driver misjudges the required speed to merge, and subsequently speeds up and a merging accident takes place, then this driver may be held responsible for causing the merging accident.
However, sometimes there are exceptions such as if the car in the lane to be merged into violates the law such as speeding or driving recklessly, then that driver may be at fault.
How Negligence Comes Into Play
If you have been involved in an accident that resulted because a driver intentionally sped up while you were merging and hit you, you will have to prove that the other driver acted negligently. There are four elements of negligence. Those elements are duty, breach, causation, and damages.
When a driver is behind the wheel, he or she has the duty to act in a safe manner to keep other drivers from harm. When a driver fails to obey traffic laws, such as he or she speeds or ignores traffic signs, then that duty is breached. If that breach of duty leads to an accident and you can show that accident leads to damages, you have proven all four elements of negligence. In this case, when the driver sped up to keep you from merging, he breached duty and that caused a crash that led to damages.
Damages That Might Result
If you have been in an accident because a driver intentionally sped up while you were merging and hit you, you might have suffered a variety of damages. Some of those damages might include:
- Property damages
- Future and past medical expenses
- Future and past lost wages
- Pain and suffering
- Mental trauma
- Loss of enjoyment of life
- Permanent scarring
- Loss of consortium
Your personal injury attorney will help you gather up the evidence to build a strong case and prove which damages resulted. All your damages must be included in one claim, so you need a lawyer to guide you and to handle all the preparation. Your odds of a successful claim increase significantly with an attorney on your side.
Here are some different kinds of documentation that can support your claim:
- Accident report
- Medical records
- Medical bills
- Photos of damages
- Photos of injuries
- Eyewitness statements
- Proof of lost wages and missed work
Consult With a Personal Injury Lawyer
If you were hit by a driver who intentionally sped up while you were merging, you should consult with a personal injury attorney. Complete the Free Case Evaluation Form on this page to have your information shared with an accident injury lawyer who will investigate your case and help you get your claim on track. With the guidance of lawyer, you are much more likely to recover compensation for your losses.
