Which Driver Is At Fault For A Merging Accident?
Michael Babboni
Car Accidents
Merging onto the highway can be very dangerous, especially in rush hour traffic. Sometimes the driver on the highway cannot let the merging driver over because of other vehicles or simply does not see them. Other times the merging driver does not see the other driver in their blind spot or misjudges the distance between two cars. In both cases, an accident can happen. In the case of a merging accident, it’s not always clear who is at fault for the accident. Florida is also a comparative fault state, so each driver may be to blame for the accident.Common Causes Of Merging Accidents
Most merging accidents are caused by four things:
• The merging motorist enters the highway to slow or too fast
• The merging motorist may cut off other vehicles to merge
• The motorist on the highway may change lanes without using their turn signal
• Either motorist may cross multiple lanes or not use their turning signal when merging
However, a merging accident may be the result of one or more of these actions. In those cases, it will require some investigation into the accident to determine fault.
What Florida Law Says About Merging Drivers
According to Florida State Statute 316.121 “Vehicles Approaching or Entering Intersections”, “when two vehicles enter an intersection from different highways at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.” Meaning simply, the merging vehicle must yield the right of way to the driver already on the highway. In most cases, that means that the primary liability for the accident will fall on the merging driver.
Exceptions To The Right Of Way Law
Though the merging driver is legally required to yield, there are some cases where the driver on the highway may hold primary liability for the accident including:
● The driver on the highway was speeding, making it impossible for the merging driver to determine the amount of time needed to merge
● The driver on the highway pulls in front of the merging driver before they have time to complete the merge
● The driver on the highway was distracted or under the influence, disobeying traffic laws, or driving recklessly
In these cases, the insurance companies and the courts will require a lot of evidence to prove the fault of the highway driver.
How An Auto Accident Attorney Can Help
Without an attorney, most insurance companies will simply blame the merging driver and determine a settlement accordingly. That means even if the merging driver was not primarily responsible for the accident, they may not receive full and fair compensation for their injuries and other damages. Even worse though, they may have to pay for the other driver’s injuries. An attorney can help. They will review the accident, collect all the necessary evidence, and help prove who was truly at fault for the accident.
Our Attorneys Will Get You Justice
Working with a qualified attorney is critical in merging accidents, otherwise, you may find yourself in a bad financial situation. At Shapiro, Goldman, Babboni, and Walsh, we have over 120 years of combined experience protecting accident victims in Southwest Florida. We have worked on some of the most difficult and complicated accident cases and was able to determine who was truly at fault for the accident. Not only that, we have a strong reputation with insurance companies and many time will settle for our demands, rather than go up against our team in court.