When driving on major highways, merging is inevitable. Whether getting onto the highway or changing lanes, merging is unavoidable. If you’ve been injured while merging, you may be entitled to a personal injury settlement. Your settlement will be determined by what caused the accident.
Sometimes, a driver can misjudge the distance or speed of a neighboring car while merging. He or she may be distracted or not check their blind spot before merging into another lane. These can cause an accident, leading to damage to your car as well as severe injuries.
State Route 91 in California
Southern California is served by dozens of important highways. State Route 91 is located in the Greater Los Angeles metropolitan area. It is basically an east west freeway that links Vermont Avenue, just east of Riverside, with the Moreno Valley to the west. This part of L.A. is sometimes known by its nickname “The Inland Empire” because of the concentrated degree of residential, commercial and industrial areas that lie in the area served by Route 91 and other major arteries.
Much of Route 91 has been designated freeway, but this doesn’t seem to control congestion, which sometimes can slow traffic down to a crawl. Vehicles are continually jockeying for position on the highway, trying to minimize the time spent commuting or getting from A to B. It is the frustration caused by clogged highway systems that can often tempt drivers to take risks when merging.
What to Do If Hit While Merging On Route 91
Merging accidents can be difficult to establish who was at fault. You will most likely decide to file a personal injury claim when you are sure that you were hit by a driver who made a tactical driving mistake or simply failed to anticipate the vehicles around him or her sufficiently well.
You will need to prove that this driver was to blame for your injuries. The driver’s insurer will most likely contest the claim, and may try to allege that you were at least partly at fault yourself. Because of California’s negligence rules, you can still obtain compensation even if you were more than 50% to blame for your own injuries. The amount of compensation paid out eventually is decided according to the percentage fault determined by plaintiff and defendant.
Note that California has a statute of limitations that imposes a time limit for claims. Claims against private individuals must be filed within 2 years of the injury, but claims against a government employee should be filed within 6 months.
Evidence to Gather If Hit While Merging On Route 91
Evidence is vital if you want to succeed with a personal injury claim. You cannot just state that “someone else was to blame.” Insurance adjusters and the court will examine evidence carefully before coming to a decision. The more pertinent your evidence the more likely you will get what you need to deal with your injuries.
The police should produce a crash report and this will be useful. So will any photographic evidence taken at the crash scene. Damage done to your own vehicle must be documented as must the cost of any medical treatment and proof of any lost earnings.
Hire an Attorney
If you have been seriously injured in a merging accident, you are strongly advised to use an experienced personal injury attorney to help you prepare your claim. The attorney can assess your situation initially and advise you whether you have a good chance of obtaining compensation. The attorney will have dealt with many cases like yours before, and will understand just how much pressure can be put on the insurer to ensure fair compensation.
