Accidents that happen when one vehicle hits another one as it tries to join a stream of traffic on a busy highway are common and can cause serious injuries. These accidents happen when the merging driver fails to take sufficient care when executing the maneuver. Distracted driving is a common reason for a merging accident. Injuries may vary from minor cuts and bruises through to serious spine and brain injuries depending on the exact circumstances of the accident.
As the driver who is merging is supposed to only do so when safe, the driver of the vehicle that is hit is usually not at fault. If this driver and any passengers in the same vehicle are injured, then they have the right to file a personal injury claim against the merging driver. Serious injuries such as skull fractures cannot be repaired without very expensive medical treatment and the full cost of the injury should be paid by the merging driver’s insurance provider if the claim is successful.
Cost of a Skull Fracture After a Merging Accident
Skull fractures may only be detected after careful examination of the accident victim’s head. Treatment will include x-ray examination of the fracture site and scans of the underlying brain tissue to make sure that there hasn’t been further damage. The cost of such treatment and the loss of earnings because of the inability to return to work straight away could run into thousands of dollars.
Normally, a personal injury claim will also include a demand for a ‘pain and suffering’ payment to compensate for the enormous emotional toll that an accident of this type can cause. Your lawyer will help calculate what this should be, which will be determined partly by the cost of treatment. If the merging driver was particularly negligent, e.g. drunk or asleep when the accident happened, then the accident victim may also be awarded punitive damages.
Filing a Claim For a Skull Fracture Injury After a Merging Accident
You should start thinking about filing a claim as soon as you can after recovering from a serious injury. Although you have 2 or 3 years to file a claim, generally the sooner you do so the more likely that it will be accepted by the at-fault driver’s insurer. This is because you will need proof that you were not at fault and that it was the other driver’s actions that directly caused your injuries. Proof might include things like a police report which will normally be made when police visit the crash scene.
When you have been very seriously injured there is very little chance that you can do anything at the accident location except hang on until an ambulance arrives. However, there may be other people who stopped to help and may later agree to make a statement about what they saw happen. Your car may be towed away and examined by a mechanic. The repair yard may then be able to issue some sort of report about the damage done and how this may have been caused.
Why You Should Speak With a PI Lawyer
You should not have to bear the financial burden of an accident that was not your fault, but this doesn’t automatically mean you will be treated fairly by the at-fault driver’s insurer. It makes sense to leave the negotiations with a competent personal injury lawyer if you have had a serious injury like a skull fracture. Most PI lawyers will not charge you any legal fees until a case is won on your behalf and then they are absorbed into the compensation payment.
