When vehicles are merging, the through traffic has the right of way at ramps, but when the merging is from one lane to another, the vehicles must judge space and speed properly to avoid a crash. However, it is illegal for a vehicle to stop in the roadway without probable cause.
Depending on the situation, the car that stopped could be at fault or partially at fault for the crash. For example, if the car was merging from a ramp and the through traffic didn’t leave any space and there was no way the driver could safely enter the roadway, the driver was avoiding a collision. Also, if you hit a vehicle from behind, you are usually fault because you should have been keeping a safe distance, so you could stop in time to avoid a crash.
However, you can pursue a personal injury claim against the other driver in such situations by showing the driver was at least partially at fault for the crash.
What to Do If a Car Stopped While Merging
If a car stopped while merging and you hit it, you should stay on the accident scene.
Call the police because an accident report must be completed. Use your smartphone to take photos of the accident scene and any damages. Ask witnesses to stay on the scene, so they can give statements to the police regarding what they saw. Your personal injury attorney might need to talk with these witnesses later to get additional information to help with your personal injury claim.
Be sure to maintain documentation to support your claim. Seek medical care as soon as possible after the accident. Keep copies of medical bills, medical records, and proof of lost wages.
Damages That You Might Suffer If a Car Stopped While Merging and You Hit Them
Various damages could result from a merging accident. In addition to property damages, you may have medical expenses, lost wages, pain and suffering, loss of consortium, loss of enjoyment of life, permanent disabilities, or permanent scarring and disfigurement.
All your damages must be claimed at once in your personal injury claim, so enlist the help of an accident injury lawyer who can carefully assess your situation and determine what damages resulted from the crash in question.
You want to make sure you are fairly compensated for all your losses.
Does It Matter Who Was Merging?
If a car stopped while it was merging and that caused you to hit it, you suffered damages. You will want to pursue a personal injury claim against the other driver to recover compensation for the damages that you suffered. The officer who investigates the crash will question you and the other driver to determine who was merging and why and how the crash occurred.
The car that is merging as well as a car traveling through could be at fault. The car that is merging should properly accelerate on the ramp, and then merge into traffic at the right time. The merging car driver must properly judge distance and space, then make the move and travel with the flow of traffic.
When the responding officer is completing the investigation to write the accident report, you will be asked about the details of the accident. You will need to indicate your lane of travel, and if you were merging or going straight through. The officer will want to know which car was merging and where the other vehicle was located.
Be factual when giving details of your accident. Don’t assume or give your opinions. Instead, you should only state the details that clearly indicate what happened and how it happened. You want to be very specific, explaining where you were, where the car that was merging was located, and then what happened that lead to the collision.
How The Merging Car Was At Fault
A driver who is merging must properly judge speed and distance so he or she will merge into traffic between the other vehicles at the right time. If the driver fails to properly judge speed, or if he or she doesn’t judge the distance between cars, then a collision could occur. The merging vehicle could speed up too fast and hit another vehicle, or the merging vehicle could come to a sudden stop and cause a crash.
How Someone Who Isn’t Merging Could Be At Fault
The vehicle that isn’t merging could be at fault for the crash. In this case, that driver could speed up to try to keep the merging car out of the way, or they may change lanes without signaling and cause a crash.
The car that isn’t merging could end up rear-ending the merging vehicle, or it could end up in a sideswipe crash. All drivers must be attentive, including the driver who isn’t merging.
Every Situation Is On a Case-To-Case Basis
Who is at fault for the merging accident will play a significant role in whether you can recover damages through a personal injury claim. The driver who was negligent is the one who is liable for the damages caused by the crash.
Every accident is different, and the responding police officer will investigate it. The insurance companies will have their own investigations to dig deeper into the incident. Personal injury attorneys will also investigate the accident for their client as well.
How To Prevent Merging Accidents
There are some things that you can do t reduce the risk of being in a merging accident. Always use turn signals, don’t tailgate, travel at a safe speed, and merge gradually, avoiding abrupt movements. You need to be attentive and abide by traffic laws.
Travel at a safe speed, double check before changing lanes, and always look out for the other drivers. Remember, everyone has a responsibility when they are behind the wheel of a vehicle.
Don’t try to cut other drivers off, and don’t try to keep other drivers from merging. Always use caution, be courteous of other drivers, and work together with other drivers for the safe flow of traffic and to prevent accidents.
When approaching a place where cars merge, use extreme care. Always be attentive and alert, watching for other vehicles and lane changes. Always drive predictably, and don’t make unexpected lane changes.
All drivers have a duty, or a responsibility, to abide by traffic laws and to protect others from harm. Be sure to exercise that duty, and drive with care to avoid accidents when merging. If you have been in a merging accident, consult with a personal injury attorney who handles such claims in your area.
Filing A Personal Injury Claim
If you have been involved in an accident because a car stopped while merging, you will want to file a personal injury claim. If you can prove that the accident was caused by the negligence of the other driver, you can recover compensation for your damages. Personal injury claims can be complex, so you should talk with a personal injury attorney who handles auto accident injury cases in your state.
You will need to gather documentation and evidence to show fault or partial fault for the accident, so you can pursue a claim against the other driver. This could include the accident report, photos of the accident scene, witness statements, repair estimates, medical bills, proof of missed work and lost wages, tow bills, rental car receipts, and any other supporting evidence that you may have.
You will need to contact the insurance company to report the accident and to get your personal injury claim filed. You will send a demand letter with supporting evidence to notify them that you have suffered damages and that you plan to pursue a personal injury claim. With the right supporting documentation, you may be able to negotiate a settlement with the at-fault driver’s insurance without having to advance to court.
You will need to prove your damages by providing supporting evidence, such as repair estimates, medical bills, proof of missed work and lost wages, and the accident report. A personal injury lawyer will be able to gather the supporting documentation that your claim needs. The insurance company is represented by a legal team, so make sure you have an attorney who will look out for your interests.
Consult With a Personal Injury Attorney
If a car stopped while merging and you hit it, you should consult with a personal injury attorney. You could have suffered extensive damages, and you need to receive compensation to cover your losses.
To get your claim on the right track in a timely manner, complete the Free Case Evaluation Form on this page, so a lawyer in your area can review your case and determine the best way to proceed with your accident injury claim after your merging accident.
