Picture this: You’re driving home after a long, stressful day at work. Your commute is usually uneventful, so you turn on the radio to keep boredom at bay. Suddenly, out of nowhere, another car sideswipes you and rams you across several lanes of traffic.

If this has happened to you, you’re probably wondering who is at fault in a merging accident. The answer to this question is important because it impacts your ability to recover damages.

Below, learn how insurance companies determine liability from Charlotte’s experienced motorcycle accident lawyer.

Who’s Liable for a Merging Accident?

Typically, the driver who hit you is responsible for causing the accident. However, in some cases, you and the other driver (or you alone) could be at fault.

Here are a couple of examples:

  • Two drivers enter the merging lane without checking for other cars first. One driver doesn’t notice the other and hits them.
  • A driver merges suddenly without using their turn signal. Another driver doesn’t see them in time and hits their car.

Figuring out who is at fault in a merging accident can be complicated, which is why an experienced personal injury lawyer is invaluable to your case.

Determining Liability

It’s critical to determine liability because North Carolina follows a pure contributory negligence doctrine. This means you can’t recover damages if you’re even slightly at fault for an accident.

Methods of determining liability might include:

  • Reviewing the police report. In North Carolina, you must make a police report if the accident caused more than $1,000 of property damage or if anyone was injured/killed. The police report can contain valuable clues about who’s at fault for the crash.
  • Looking at surveillance footage where the accident occurred. Some highways are covered by video surveillance, especially at toll booths, and traffic cameras are common at stoplights throughout the city. If a camera captured your accident, this could prove you weren’t at fault.
  • Working with accident reconstructionists. These professionals use high-tech tools to determine how an accident happened. They’re helpful if there’s not much proof of who caused the accident.
  • Talking to witnesses. Anyone who saw the accident happen might be willing to provide a statement.

Causes of Merging Accidents

Determining who is at fault in a merging accident can be difficult since there are many possible causes, including the following:

  • Failing to use a turn signal when changing lanes
  • Merging into a lane at the same time as another driver
  • Speeding across multiple lanes of traffic
  • Driving too slowly when entering the highway
  • Cutting off other cars to switch lanes
  • Bad weather conditions that obscure drivers’ vision
  • Distractions, such as cell phone conversations or crying children in the back seat

Drunk driving is another leading cause of merging accidents. Intoxicated people may not notice other cars in their blind spots when making lane changes. They also drive erratically, which can cause other drivers to hit them.

Merging Accidents Can Cause Serious Injuries

Ignoring motor vehicle safety rules can lead to severe injuries, even at low speeds. Accidents on the highway, where drivers often travel 70 miles per hour or more, are even more dangerous.

Broken bones, head injuries, and soft tissue injuries are all quite common. Some accident victims may suffer spinal damage severe enough to cause paralysis.

If you’ve suffered injuries like these as a result of your merging crash, you probably want to know who’s going to pay your bills. Recovery from the other driver is possible as long as you didn’t contribute to the crash in any way.

Recoverable Damages for a Merging Accident

In addition to your medical bills, you may seek compensation for property damage to your car and belongings inside it and lost wages if you can’t work. If you had to install home modifications to accommodate a disability, you can also sue for those costs.

Additionally, you may be able to seek compensation for non-economic damages, such as mental anguish and pain and suffering. The amount you ask for is based on your total economic damages multiplied by a factor of 1.5 to five.

Call an Experienced Car Accident Attorney Now

If you want to know who is at fault in a merging accident and are trying to find the best personal injury lawyer, reach out to Yale Haymond Law PLLC today. We can determine liability for your accident, calculate your damages, and talk to the insurance company so you don’t have to.

For your free consultation, call (704) 800-HELP.