Who Is Liable for a Merging Car Accident?
September 27, 2024Merging car accidents are common on highways and busy streets and can happen in the blink of an eye. The aftermaths often involve questions and accusations about who was at fault. Liability in these cases is not always straightforward and can depend on traffic laws, road conditions, driver behavior, and other factors. These crashes must be carefully analyzed from different angles to determine responsibility.
What Are Common Causes of Merging Car Accidents?
Here are the most common reasons for these crashes:
- Failure to yield: Drivers may not yield the right-of-way when merging.
- Blind spots: Drivers may not check their blind spots adequately before changing lanes.
- Speeding: Excessive speed can make it difficult for drivers to merge safely.
- Distracted driving: Distractions such as mobile phones, GPS devices, or other in-car activities can cause drivers to miss important cues when merging.
- Improper signaling: Failing to use turn signals can lead to misunderstandings between drivers about merging intentions.
- Aggressive driving: Cutting off other vehicles or sudden lane changes can significantly increase the risk of an accident.
Who Has the Right-of-Way During a Merge?
The rules regarding right-of-way during a merge depend on the type of road and the specific situation. Generally, drivers already in the lane have the right-of-way, and merging drivers must yield to avoid causing a collision. This principle applies whether merging onto a highway, changing lanes in heavy traffic, or entering from a side road.
However, there are exceptions, such as when traffic signals, yield signs, or other roadway instructions dictate otherwise. Understanding and adhering to the rules of the road is vital for preventing accidents. Drivers must also remain aware of their surroundings, as road conditions can change quickly. If you have the right-of-way but an approaching vehicle is traveling too fast, be patient and wait until it is safe to proceed.
How Is Liability Determined in Merging Car Accidents?
Liability for merging accidents is determined by assessing which driver acted irresponsibly or violated traffic laws. Typically, the merging driver is at fault for failing to merge safely.
Several types of evidence can be used to establish liability in a merging accident. This evidence helps recreate the accident scenario and determine who was responsible. Key evidence includes:
- Police reports
- Witness statements
- Dashcam or surveillance footage
- Photographs of the scene
- Proof of adverse traffic and weather conditions
- Other physical evidence like vehicle impact points and skid marks
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Can Both Drivers Be Found at Fault?
Maryland follows a strict contributory negligence rule. This means that if a person is found even 1 percent at fault for the accident, they are barred from recovering any compensation for their damages. Maryland’s rule is much stricter than most states that follow a comparative negligence standard (where fault can be shared and damages are apportioned). This makes proving fault critical in personal injury cases.
The Baltimore Car Accident Lawyers at LeViness, Tolzman & Hamilton Are Experienced with Merging Car Accident Cases
We can leverage our skills and experience to present your best case possible. For a free consultation, contact the Baltimore car accident lawyers at LeViness, Tolzman & Hamilton. Submit our online form or call 800-547-4LAW (4529).
We have offices in Baltimore, Glen Burnie, Lanham, and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.