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Who is at fault if an accident is caused by someone merging onto the highway?

The driver attempting to merge is responsible for finding a room and joining traffic safely. If a California motorist causes an accident while trying to merge, they are usually held liable for the damages.

If you get hurt in a freeway accident when a merging driver comes up behind you and causes a collision, proving the driver’s fault isn’t always easy. CHP officers can make mistakes and place the blame on the wrong driver. Merging drivers can also lie about what happened.

A skilled attorney can help victims prove what happened and earn support to pay all of their medical bills. To find out what an injury is worth and how to hold a car insurance company fully responsible, contact Maison Law for a free, no-obligation case consultation.

Merging Laws in California

In California, the burden to avoid collisions falls to the person trying to get on a freeway or highway. The merging driver must find a suitable opening to join traffic. When an accident occurs at an on-ramp, along a busy route like Freeway 5 or Highway 99, investigators will usually put the fault on the merging driver.

This liability is explained in the California Vehicle Code.

CVC 21804.  

“(a) The driver of any vehicle about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic, as defined in Section 620, approaching on the highway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety.”

What motorists may not know is that drivers already on the highway bear no responsibility to the merging driver. They aren’t required to slow down or move over to let someone in. They can take action out of courtesy, but otherwise it’s up to the motorist trying to join traffic to find a safe way to enter.

Support for California Merging Accident Victims

Drivers who slam into you while trying to merge onto a highway can be charged with an “unsafe lane change” or even “reckless driving.”

But they are also responsible for the damage they cause. That can include the cost of replacing two passenger side doors that get smashed in. It can also include the serious injuries that victims might be left with.

Broken bones, head and neck injuries, and even brain trauma can require care and support far beyond a quick trip to the ER.

An experienced California car accident lawyer would make sure the victim’s current bills were covered in any injury settlement. The victim’s future costs would also be estimated, and support would be demanded for enough to cover any hardships in the future.

  • Support to pay medical bills for as long as necessary.
  • Estimated costs for a lifetime of care and support for a permanent physical disability.
  • Support to cope with the physical pain endured in recovery and any chronic pain and arthritis developing in the future.
  • Support for the emotional trauma suffered with a major injury. Depression and anxiety can affect victims who may suffer a loss of enjoyment of life in recovery. Crash victims can also suffer PTSD symptoms stemming from the moment of impact.
  • Past and future lost earnings and benefits while victims are forced to miss work hours.
  • Money for a new vehicle or vehicle repairs.

Contact a California Merging Accident Lawyer

When a serious injury is involved, the car insurance company’s worry goes up as fast as your medical bills. It means that they’ll work even harder to limit what they must pay you, or try to blame the whole accident on you and get away with paying nothing.

If you’ve suffered a serious injury, a lawyer may be able to protect your case and win you much more than you could earn by filing yourself.

Take advantage of a free case review with a California car accident involving an injury. Find out what your injury is worth and how to make insurance companies pay what’s fair.

There’s no obligation for your free case review, but if you feel Maison Law can help you earn more for your claim, there are no upfront charges. We don’t get paid unless we win your case for you. Then our fee comes out of the settlement money you and your family receive.