Car Crash While Merging: Who Is at Fault?

Merging onto a highway or interstate is something many of us do daily and take for granted. But it’s a maneuver that can be extremely dangerous even for the safest and most experienced drivers. It relies on properly judging your vehicle’s speed and position relative to other vehicles, then moving over behind and in front of them safely.

Unfortunately, many merging-related crashes happen when merging drivers execute the movement perfectly. That’s because safe merging also relies on other drivers giving merging vehicles the space and time they need to move over into the flow of traffic from an on-ramp or ending lane. When they fail to do so due to distraction or negligent driving, serious accidents can occur.

If you or a loved one was injured in a merging-related accident, we want to help. Keep reading to learn more about these crashes, including who’s at fault. Then, contact the experienced car accident lawyers at Brian Hodgkiss Injury Lawyers for a free case review.

What Are Common Causes of Crashes While Merging?

Merging lanes can be one of the trickiest maneuvers on the road, especially when drivers are impatient, distracted, or unfamiliar with right-of-way rules. Accidents during merges are often caused by one or more of the following:

• Failure to Yield: Drivers entering a new lane must yield to vehicles already in that lane. Failing to do so is one of the most common causes of merging collisions.
• Blind Spot Mistakes: Merging without checking mirrors or blind spots can lead to sideswipe accidents, especially on highways or in heavy traffic.
• Speeding: Driving too fast while merging can make it harder to judge gaps and react to other vehicles, increasing the risk of a crash.
• Sudden Lane Changes: Abruptly merging without signaling or giving nearby drivers time to adjust can lead to rear-end or side-impact collisions.
• Distracted Driving: Drivers who are texting, talking on the phone, or otherwise distracted may miss important cues like brake lights, turn signals, or changing traffic conditions.
• Aggressive Driving: Some drivers speed up to block others from merging or refuse to let someone in, creating unnecessary danger and increasing the chances of an accident.
• Improper Merging in Construction Zones: Narrow lanes, reduced visibility, and sudden lane closures can lead to confusion and crashes if drivers don’t merge in a timely or safe manner.

Understanding what caused a merging accident is important for determining fault. Proving liability often requires collecting evidence and even reconstructing an accident to piece together what happened in the moments immediately before impact.

Who Can Be Held Liable for a Crash While Merging?

Determining liability in a merging accident often comes down to who had the right of way and whether either driver acted negligently. While the merging driver is typically expected to yield, liability isn’t always one-sided.

Several parties may share responsibility for a merging accident depending on the circumstances:

• The Driver in the Through Lane: A driver already in the lane may be liable if they were speeding, failed to adjust their speed to allow a safe merge, or acted aggressively by deliberately preventing the other driver from merging.
• Both Drivers: In some cases, both parties may share fault—for example, if one driver merged unsafely while the other was distracted or failed to slow down when they reasonably could have.
• A Third Party: Sometimes, another driver may indirectly cause a merging crash. For example, if a vehicle abruptly switches lanes ahead and forces a driver to swerve and collide with a merging car, that third party could bear partial or full responsibility.
• Commercial Drivers or Employers: If a merging crash involves a commercial vehicle, the company that owns the vehicle may also be held liable, especially if poor training, faulty equipment, or pressure to meet delivery deadlines played a role.

It’s common for merging drivers to be assigned partial fault for a merging accident. However, it’s important to note that Wisconsin follows a modified comparative negligence rule, which means you can still recover compensation if you’re less than 51% at fault—but your compensation will be reduced by your percentage of fault.

In addition, an experienced lawyer may be able to reduce or eliminate your assigned level of fault, which can make you eligible for more compensation.

Contact Our Team Today

Because insurance companies want to protect their profits, it can be difficult to get compensation for any type of crash. Merging accidents are often even more difficult because merging drivers are so frequently assigned a share of liability.

If you were hurt in a merging crash, Brian Hodgkiss Injury Lawyers wants to help. We’ll work hard to prove the other driver’s liability while determining if yours can be reduced or eliminated. In addition, we’ll do everything in our power to maximize your compensation. Contact us today for a free case review to get started.