If you have been injured while traveling on the highway, particularly while merging, you may be able to file a personal injury claim to recover your damages in the form of monetary compensation. An experienced attorney can help you maximize those chances.
Many conditions have to be satisfied before a driver can merge safely. The speed of traffic flow must remain constant, there must be adequate space to enter, safe following distances must be observed, and so on. Often, a driver may believe that because they hit someone while merging, they are completely at fault. While this is true in some cases, there are other scenarios when it is not so cut and dry.
This can be especially true for larger highways or during times of high traffic when the circumstances surrounding an accident can be extremely complex. So even if you were the car merging, if there is the possibility that someone else contributed to the accident, it may be worth it to contact a lawyer and have your case evaluated by a professional. Examples of accidents while merging that have gone to court include Yates v. Shackelford and Mahaffey v. State.
While the general assumption is that the driver who is merging into traffic has the responsibility to enter safely, there are scenarios where this may not be possible. For example, if a driver in traffic is driving aggressively, driving while distracted, or otherwise not following local motor vehicle codes and laws.
Many states will allow comparative negligence, which allows for multiple parties to be determined as a portion of the fault. For example, if you are merging into traffic, but then a driver speeds up to prevent your entry, they would carry a portion of the fault, perhaps even a majority of it, if it can be proven during settlement talks or in court. If your fault is less than 51% then the other party may be liable for your damages.
Some states allow what is termed as “no-fault” insurance, where any claim for property damage or personal injury is filed with your own insurance, regardless of the scenario or fault. The only areas and states where this is possible are Washington D.C., Utah, North Dakota, Massachusetts, Minnesota, Kentucky, Kansas, Pennsylvania, Hawaii, New Jersey, New York, Florida, and Michigan.
The most important step after getting any immediate medical attention you may need is to get in touch with a qualified personal injury attorney. Their experience and familiarity with the claims and settlement process will be a valuable asset. When the insurance company tries to deny or minimize your damages, your lawyer will advocate in favor of your interests. Personal injury attorneys are usually paid on contingency, so there really is nothing to lose in contacting a lawyer as soon as possible, it should not cost you anything to begin, and your attorney will be paid as a percentage of the overall claim settlement or judgment.
Still have questions or want to know what to do next after an accident? Contact us using the button below and we’ll walk you through the entire process of filing a claim and getting the compensation you deserve.
