SKIP TO CONTENTOne morning, you’re heading to work like usual. You enter the highway, cruising your way along for a few miles when suddenly, a driver merges into your lane without looking and sideswipes your car. One of your first thoughts might be to call a car accident lawyer in Oklahoma.
Your second thought might be, “Who’s at fault for this accident?” Is it the guy who hit you, or might you share some liability? Bryan Garrett, PLLC, explains liability for merging accidents below.
Who’s Usually At Fault in a Merging Accident?
In Oklahoma and other states, drivers who are already on the road have the right of way. Drivers merging onto the highway must watch out for other vehicles, safely change lanes, and adjust their speed to match the flow of traffic.
Thus, the merging driver is almost always at fault for causing a merging accident. Common causes of merging accidents include:
- Distracted driving (for example, talking on the phone, listening to the radio, or eating behind the wheel)
- Not checking mirrors before merging
- Failing to match the speed of traffic
- Failing to use turn signals when merging
Can the Non-Merging Driver Be At Fault?
The non-merging driver could be at fault in some cases. If you think you’re at fault, it’s wise to call a car accident lawyer in Oklahoma.
The non-merging driver may be liable for the following reasons:
- Speeding: Speeding reduces a driver’s reaction time, making them less likely to be able to avoid a merging accident.
- Distracted driving: Just as merging drivers can cause accidents due to distracted driving, so can non-merging drivers.
- Failing to stay at a safe distance from other cars: A driver who is tailgating another vehicle may leave little space for the merging driver to enter the lane. This behavior can cause an accident.
- Unsafe lane changes: A driver who enters a lane without signaling might be liable for a merging accident.
- Aggressive driving: Drivers whose aggressive behavior distracts others from merging safely may be responsible for causing a crash.
What To Do After a Merging Accident
After a merging accident, one of the smartest things you can do is hire a lawyer. They’ll help you gather evidence that proves the merging driver is at fault for the crash.
Here are the steps to take to increase your chances of a fair settlement:
- Take pictures of the accident scene. That includes any involved vehicles, obscured road signs, broken traffic lights, debris in the road, etc.
- Call the police to make an accident report, and don’t leave the scene until they give the go-ahead.
- See a doctor as soon as you can. You’ll need proof of your injuries to recover damages.
- Call a car accident lawyer to help you determine liability.
Winning Your Merging Accident Case
To collect compensation for a merging accident, you must prove that the merging driver acted negligently. This is usually not difficult as merging drivers are supposed to give drivers already on the highway the right of way.
Your attorney will need to prove these elements to establish negligence:
- Duty of care: This means the merging driver had a duty to watch for other cars before merging, use their turn signals, and match the speed of traffic.
- Breach of duty: The merging driver breached their duty of care in some way.
- Causation: Because of this breach, they are liable for your accident.
- Damages: The accident incurred compensable damages, such as lost wages and medical care costs.
Want Fair Compensation for a Merging Accident? Call Bryan Garrett, PLLC
Unsure who is at fault for your merging accident? Contact Bryan Garrett, PLLC, at (405) 839-8424 to speak with a car accident lawyer in Oklahoma.
