Merging Accidents on the Highway: Who is Liable for a Crash?
Merging on the freeway is fraught with risk. When traffic is heavy, motorists might not get out of the way so that someone can merge. Motorists often try to avoid stopping at the bottom of the on-ramp, but that means they might force their way onto the highway when there isn’t any room.
These are complicated accidents. Often, each driver involved in the wreck blames the other. The driver who was trying to merge will claim a driver didn’t move to the left lane even though space was available. Conversely, the driver already in the lane will claim the merging driver threw themselves into traffic when there wasn’t room. How do you determine liability for this crash?
Evidence for Merging Accidents
At Pita Weber Del Prado, we have handled many car accident cases. We know the critical role evidence plays in these cases. Our client’s memory of what happened is certainly central to any claim, but it’s best to have other evidence supporting your version of what happened.
Under Florida law, a driver cannot move right or left on a highway unless they can make the move with “reasonable safety.” Further, the driver must use an appropriate signal.
These rules are good in theory, but when traffic is heaviest, merging can become a free-for-all. Drivers simply try to force their way into the lane, whether there is sufficient room or not. “Reasonable safety” goes out the window.
If you are involved in a merging accident, you might be eligible for compensation by suing the at-fault driver. We often rely on the following evidence to establish what happened:
- Third party witnesses. Other motorists on the freeway could have seen the accident, so they can testify about what they observed. They might have seen that the merging driver forced their way onto the highway when there wasn’t sufficient room. That testimony can back up your version of events. With luck, other motorists will stop.
- Dashcam footage. A car might have a dash camera, which shows the accident unfolding. We can ask to use the video.
- Damage to the cars. A dent in your back fender is solid proof you were rammed from behind, possibly by the driver insisting on merging when there wasn’t room. We can use dents to establish how the vehicles came together, which is some evidence of fault.
Other evidence might be helpful, depending on the facts of the case. Because evidence can disappear, it’s best to call a law firm for immediate assistance.
Speak with a Miami Car Accident Lawyer Today
Highway accidents can lead to devastating injuries, including permanent disabilities. After being hit, a vehicle can fly off the road and possibly overturn in a ditch. Surviving motorists deal with painful injuries, including concussions and back injuries. Identifying fault for the accident is critical and can be the difference between receiving fair compensation or receiving nothing.
Contact Pita Weber Del Prado today to speak with a Miami car accident lawyer at our office. We offer a free, no hassle consultation.
Source:
flsenate.gov/Laws/Statutes/2025/0316.155
