Who Is At Fault in a Merging Accident?

Date: December 6, 2023

When you prove the other driver was to blame for an accident, they would legally be obligated to pay you financial compensation. Thus, you need an attorney to help prove your case.

Merging accidents are among the most common types of car crashes. Merging maneuvers are among the most difficult to manage on the road. One driver travels full speed while the other checks into their blind spot. It is challenging to judge one’s blind spots, especially if a driver is not paying attention.

The most common type of merging accident is a sideswipe crash. Even though these crashes do not necessarily have the highest fatality rate, they are still incredibly dangerous. When these accidents occur at a high speed, one or both drivers could lose control of their cars and spin out into traffic. There is a high possibility that a merging accident could lead to a multi-car crash.

New Jersey Law For Merging Drivers and Presumption of Fault

Usually, the driver who is already established in a lane of traffic is the one who has the right of way. The driver who is merging would be presumed at fault in an accident. However, like any presumption in a car accident, you can bring evidence that would overcome the presumption. For example, if the driver already in the lane was speeding or being reckless, they may be at fault. 

How to Prove Fault in a Merging Accident

In every type of car accident case, you need evidence that backs up your side of the story. There may be a dispute between drivers over who had the right of way at the time of the accident. The other driver may be telling a story that is the exact opposite of yours.

You need a car accident attorney to help you gather the proof required for your case. The insurance company may not take you seriously if it is your word against the other drivers. You should never assume that the facts of your case will speak for themselves.

An attorney can assemble the following to help prove your case:

  • Testimony from witnesses who saw what happened.
  • Testimony from an accident reconstruction expert who could give their opinion about which driver caused the crash.
  • Pictures from the scene of the accident.
  • The police report, which gives the officer’s observations of what they saw.

It is difficult for you to gather all this proof on your own, and you may need the help of an experienced attorney. You do not have much time to assemble your car accident case because evidence can go away quickly.

Contact a New Jersey Car Accident Lawyer at Kitrick, McWeeney & Wells, LLC for Help After a Merging Crash

Contact a New Jersey car accident lawyer at Kitrick, McWeeney & Wells, LLC for legal help if you have been involved in a merging crash. We can investigate your accident case and explain your legal options. Call us at 732-800-9474 or contact us online to schedule a free consultation. Located in Manasquan and Brick, New Jersey, we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.