Driving on a major highway needs concentration at all times, especially when changing lanes and merging. Merging accidents are quite common, usually when someone fails to anticipate speed and distance when entering from an on-ramp or on the highway itself.
Merging accident injuries can be serious because of the speed at which vehicles are traveling on a highway like I-95. You may be able to claim compensation for injuries and damage to your vehicle. Talk to a personal injury attorney as soon as you can after an injury on I-95.
Interstate-95 in New Jersey, New York and Connecticut
Interstate-95 is one of the longest interstate highways in the U.S., stretching from Maine in the North right through to Florida in the South. It passes through some of the most densely populated parts of the Atlantic seaboard and through more states than any other highway.
The full length of I-95 is 1,924 miles, but few states have more than 150 to 200 miles of the highway. For example, only 98 miles of I-95 passes through New Jersey, 24 miles through New York and 112 miles through Connecticut.
For one reason or another, I-95 has developed a reputation for accidents. It is the fifth most dangerous interstate* in the country by highway mile, although the most dangerous section of the highway is in Northern Florida, with a recorded 0.73 fatalities per mile in 2016. Not all accidents are of course merging accidents, but they remain a significant percentage of all interstate accidents.
What to Do If Hit While Merging On I-95
Medical attention for you, or any other injured person, remains the most important priority after a merging accident. As the crash is likely to happen on a very busy highway, it is doubly important that those who remain at the crash scene stay safe until police arrive at the scene.
The possibility of claiming compensation depends partly on the circumstances and where the crash happened, because of different interpretations of personal liability in each state through which I-95 passes. In some states, there is a no-fault system in place which limits compensation to payments from your own insurance company, except for particularly serious injuries. In others, a comparative negligence rule allows a percentage of full compensation based on the degree of fault established.
Apart from differing state laws on negligence determination, it is also important to establish the state’s statute of limitations and whether there are caps on compensation payments. Discuss this with your personal injury attorney.
Evidence to Gather If Hit While Merging On I-95
Wherever you are injured on I-95, and however the state rules affect you directly, you will need to establish proof of negligence. That means that if you wish to claim compensation from another driver who hit your vehicle while merging you need to establish what happened and how his or her actions caused your injuries and damage to your vehicle.
If police are involved, then they will make a crash report, which will be useful. Any photos of the crash scene, witness statements at the time and a report from the garage that handles your damaged car will also help.
Make sure that you document anything you spend as a result of your injuries, such as medical treatment, extra transport costs, lost earnings because you were prevented from an early return to work etc. The defendant’s insurer will want to see clear evidence that any injuries were due to their client’s driving negligence and not pre-existing
Hire An Attorney
Personal injury claims are never straightforward, even when you think that an accident was definitely caused by another driver’s poor judgment. It always pays to discuss the accident circumstances fully with a personal injury attorney before filing a claim. Most personal injury attorneys provide a free initial consultation and defer legal fees until a claim is won.
Additional Resources
- Personal Injury Claims in Connecticut
- Personal Injury Claims in New Jersey
- Personal Injury Claims in New York
*Source: fleetowner.com/safety/25-most-deadly-highways-us
