Who Is Responsible for a Merging Car Accident?

October 3, 2024

Changing or entering lanes is one of the most dangerous maneuvers that a driver can make on the road. When you are exiting your lane and entering another, there is always the possibility that another driver can be occupying that lane at that time. Simply stated, two cars cannot be in the same place at once. Merging car accidents can cause serious injuries. If you have been injured in a merging car accident, there is a high chance that you may be entitled to financial compensation when you are the driver who was not doing the merging. Still, you should contact an experienced attorney to learn your legal rights.

Common Causes of Merging Car Accidents

Merging car accidents can happen for several reasons, including:

• A driver is distracted and does not see another car in their blind spot.
• The motorist is over-aggressive and does not give themselves enough room to execute the merge.
• A driver hesitates when they have an opening to enter traffic.
• The motorist tries to cut across multiple lanes of traffic.
• A driver misjudges how much time and room they have to merge.

The most common type of merging car accident is a sideswipe crash. A driver has attempted to enter a lane while another motorist is already passing through traffic. In other cases, the front of one driver’s car may strike the back of the other, although it would not be a rear-end crash. In both of these types of accidents, there is a chance that one or both motorists can lose control of their car and end up in the midst of traffic.

The driver who is attempting a merging maneuver must yield the right of way to the car already in traffic. There is no legal obligation for a driver who is already established in their lane to let the other driver in ahead of them. While some may choose to yield, it is a choice that the driver is allowed to make.

The Merging Driver Is Usually the One to Blame for the Accident

Usually, the legal presumption is that the driver who was in the process of making the merge is the one to blame for the accident. The driver who is already established in traffic is the motorist who could file the claim for an injury suffered in the accident. However, you still need to have some type of proof that can show what the other motorist did. Insurance companies may try to share the blame between drivers, cutting your financial compensation. No matter what the presumption is, you may still need a lawyer to gather evidence that can be used to prove your claim.

However, just like every other car accident case, presumptions are not ironclad, and there are ways that you can disprove them. You would need to come to the table with specific evidence that would allow you to overcome the presumption. For example, the non-emerging vehicle may be overly aggressive and intentionally hit another driver who they believe cut them off in traffic. The non-merging driver could have also been speeding, leading the merging motorist to misjudge the amount of time that they had to enter the lane. These cases are the exception rather than the norm, so you would need some proof to back up your claims.

Contact the Wilmington Car Accident Lawyers at Jacobs & Crumplar, P.A.

When you have been involved in any crash on the road, a Wilmington car accident lawyer at Jacobs & Crumplar, P.A. can advocate for you. Call us today at 302-656-5445 or contact us online to schedule a free initial consultation, where one of our attorneys will review your case and give you advice on how to proceed. We have offices in New Castle and Millsboro, Delaware, and we serve clients in New Castle County, Kent County, and Sussex County.