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Who Is Liable for a Merging Accident in California?

PUBLISHED ON: December 10, 2021 by Scott Dinsmore
LAST MODIFIED ON: August 30, 2024POSTED IN: Personal injury, Vehicular Accidents
On This Page
  • Common Causes of Merging Accidents
  • How to Avoid Merging Lane Accidents
  • What Makes Merging Lane Accidents So Dangerous?
  • Protect Your Rights After a Merging Lane Accident
  • Frequently Asked Questions About Lane Merge Accidents in California
  • Get Help Proving Your California Lane Merging Accident Case Today

If you were injured in an auto accident that occurred while your vehicle or the other one was merging onto the freeway, you may be wondering who is at fault for your accident. Who is at fault in a merge lane accident depends on which vehicle has the right of way. In California, freeway traffic always has the right of way.

Common Causes of Merging Accidents in Manhattan Beach

California drivers who fail to yield the right of way to ongoing traffic are usually at fault in a merging lane accident. Common causes of lane merging accidents in California include:

  • Merging into traffic at an unsafe speed — either too fast or too slow
  • Failing to check blind spots
  • Failing to use turn signals
  • Merging too close in front of or behind another vehicle
  • Crossing multiple lanes of traffic

How to Avoid Merging Lane Accidents

The California Department of Motor Vehicles has some helpful advice for safely merging into freeway traffic:

  • Enter the freeway at or near the traffic flow speed
  • Watch for vehicles around you
  • Use your turn signals to inform other drivers that you’re changing lanes
  • Unless necessary, don’t stop before merging into traffic — avoid causing traffic delays that could lead to a collision
  • Remember, freeway traffic has the right of way
  • Follow the three-second rule — leave three seconds of space between you and the vehicle ahead of you
  • If you have to cross multiple lanes, change lanes one at a time

The same rules apply in situations where a motorist has to merge because a lane is ending. Observe any posted signs and warnings when merging into the next lane.

Although ongoing traffic has the right of way, there are certain circumstances in which a vehicle that has the right of way could share liability for a merging accident in California. This can occur in situations where it was determined that the driver who had the right of way was driving too fast or was driving while impaired when the accident took place.

What Makes Merging Lane Accidents So Dangerous?

Who Is Liable for a Merging Accident in California?

Merging lane accidents are often side-swipe accidents. While not normally a high-speed impact type of accident, a sideswipe collision can cause a vehicle to lose control and veer off the road or into another lane of traffic. In addition, the sides of a vehicle lack the bumpers and other structural reinforcements mounted on the front and rear. This makes drivers and passengers particularly vulnerable to injuries in a collision.

The damage can be much more serious when a merging lane accident occurs between a vehicle and a big truck. In some instances, the smaller vehicle can become trapped and pinned beneath the truck.

Injuries sustained during a merging lane accident can be serious and even fatal. They can include:

  • Minor cuts, scrapes, and bruises
  • Deep wound cuts
  • Broken bones
  • Traumatic brain injuries (TBI)
  • Head, neck, and back injuries
  • Spinal cord injuries
  • Soft tissue injuries
  • Internal organ injuries
  • Burns
  • Amputation
  • Disfigurement

Protect Your Rights After a Merging Lane Accident in Manhattan Beach

Were you injured in an accident that was caused by a vehicle that was merging into your lane? Depending on the circumstances, you may be able to collect compensation for the damages caused by your injuries. These damages can include but may not be limited to:

  • Current medical expenses
  • Ongoing medical expenses
  • Lost wages
  • Pain and suffering

To ensure you get the total compensation to which you are due, it’s important to protect your rights after a merging accident in California. The Manhattan Beach car accident attorneys at the Law Offices of Scott Dinsmore, APC are here to protect your rights and ensure you get the full compensation you deserve for your injuries.

Personal injury attorney Scott Dinsmore has been protecting the rights of clients living in Manhattan Beach, Gardena, Hawthorne, Redondo Beach, Hermosa Beach, El Segundo, and other South Bay communities for over thirty years. We’ve obtained millions of dollars in settlements for our clients, including several large settlements for clients who were injured in automobile accidents.

Frequently Asked Questions About Lane Merge Accidents in California

What should I do immediately after a lane merging accident in California?

Immediately after a lane merging accident, prioritize safety. Move your vehicle to a safe location if possible, and check for injuries. Call 911 to report the accident and request medical assistance if needed.

While waiting for authorities, gather as much evidence as possible, such as taking photos of the scene, the vehicles involved, and any visible injuries. Exchange contact and insurance information with the other driver. If there are witnesses, collect their contact information as well.

Avoid discussing fault at the scene. Once you have addressed immediate concerns, contact an experienced personal injury attorney who can guide you through the next steps, including dealing with insurance companies and pursuing a claim.

Read more about what to do after a car accident

Can both drivers be at fault in a lane merging accident?

Yes, in California, it is possible for both drivers to share fault in a lane merging accident. California follows a “comparative negligence” rule, meaning that each party’s percentage of fault can reduce their compensation proportionally.

For example, if you are found to be 30% at fault for the accident, your compensation would be reduced by 30%. Even if you believe you bear some responsibility, it is still worth pursuing a claim, as you can still recover damages for the portion of the accident caused by the other driver.

Read more about comparative negligence

What types of compensation can I receive after a merging lane accident?

After a merging lane accident, you may be entitled to various forms of compensation, depending on the severity of your injuries and the impact on your life. Common types of compensation include:

– Medical expenses
– Lost wages
– Pain and suffering
– Property damage

Read more about car accident compensation

How long do I have to file a claim after a lane merging accident in California?

In California, the statute of limitations for filing a personal injury claim after a lane merging accident is generally two years from the date of the accident. This means you must file your lawsuit within this time frame, or you risk losing your right to pursue compensation. However, there are exceptions to this rule. For example, if the accident involved a government entity, you must file a claim with the government agency within six months. It’s crucial to consult with a personal injury attorney as soon as possible to ensure all deadlines are met and to protect your legal rights.

Read more about the statute of limitations for accident claims in California

Read more answers to car accident FAQs

Get Help Proving Your California Lane Merging Accident Case Today

Contact the Law Offices of Scott Dinsmore, APC through our website or call us at (310) 318-1220 to schedule a free, no-obligation initial consultation. Scott will discuss your case, answer any legal questions you may have, and provide helpful, professional advice on the best way to proceed with your car accident claim. We handle most personal injury cases on a contingency basis, which means there are no upfront costs for our clients and we only collect a fee after your case is settled.

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Attorney Scott Dinsmore

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In his 25 years as a civil trial lawyer, Mr. Dinsmore has represented hundreds of injured clients in a vast array of cases, obtaining millions of dollars in verdicts and settlements.
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