Who Is at Fault in a Car Accident While Merging in NY?

Car accidents are quite common on Long Island roadways, especially on roads with multiple lanes and high speeds. The most frequent and confusing type of accidents on Long Island are those that occur when people don't merge safely. It doesn't matter if a person is driving on the LIE, the Northern State Parkway, or Sunrise Highway: determining fault in a merging accident is complex.

When merging accidents occur, they can cause serious injuries, and those who are injured due to the actions of others should work with the best vehicle accident attorney in Long Island to pursue compensation.

The Law Office of Carl Maltese is one of those firms on Long Island. The team at this firm understands how fault is determined in these accidents, what the common causes are, and what steps a person should take when they have been hit by another car while merging. They can also explain who is at fault in a low speed car accident in NY.

Understanding Merging Laws in New York

Under New York law, the driver who is merging into another lane has the responsibility to ensure that the action is safe. (New York Vehicle and Traffic Law - Section 1128). In other words, a merging driver must yield to others who are already in the travel lane. If the merging driver fails to do that, they will be generally be seen as the at fault party in the car crash.

When Is the Merging Driver at Fault?

In the majority of merging collisions, the driver who is merging is presumed to the person at fault because they entered into a lane where other drivers had the right of way. Here are some examples of why the merging vehicle can be found at fault:

Merging Without Using a Signal

Per New York law, drivers are required to use their signal before changing lanes and merging. If they do not use that turn signal, they can be found negligent.

Cutting Another Vehicle Off

If a driver merges too closely in front of another vehicle, which causes the driver to break suddenly and get into a rear end accident, the merging driver will likely be found to be at fault.

Failure to Yield While Entering a Highway

When a car enters a highway, the driver must wait for a gap in traffic. If they fail to do that and the other vehicle is already too close, it could cause a rear end collision.

Speeding While Merging

A driver who doesn't follow the speed limit and tries to force a merge could be cited for reckless driving and found to be at fault in the accident.

Can the Non-Merging Driver Be at Fault?

Yes. There are certain situations where the driver who is not driving is partially or fully at fault:

• Speeding or driving aggressively -- If the other motorist was speeding or intentionally blocking the car trying to merge, and the two vehicles get into an accident, the non-merging driver may be the one who is at fault.

• Distracted Driving -- A driver who is not paying attention and doesn't see a car safely merging into their lane could be at fault if the cars collide.

• Road Rage -- If a driver exhibits road rage and brake checks a merging driver to "teach the merging driver a lesson," they might be held responsible.

In New York State, both drivers can share fault. Damages are reduced based on the percentage of fault assigned to each party.

Common Types of Merging Accidents

There are different types of merging accidents and several factors that can affect how they occur:

Accidents Occurring on Highway On-Ramps

It is the responsibility of the driver to adjust their speed and yield to oncoming traffic when getting onto a highway. If the driver fails to check blind spots or doesn't notice another car, it could cause an accident.

Accidents in Construction Zones

A construction zone can cause accidents due to lane closures or lanes that are not clearly marked.

Changing Lanes in Heavy Traffic

During times of heavy traffic, a driver attempting to move from the middle lane to an outside lane can easily cause an accident.

Weaving In and Out of Lanes

Aggressive driving is a common cause of accidents, especially if a driver is weaving in and out of lanes.

Evidence Used to Determine Fault

Determining fault in a merging accident is often done by performing a thorough investigation. Some of the evidence that is used to determine fault include:

• Surveillance or Dash Cam Footage - Using video evidence can show if the merge was reckless or unsafe.

• Eyewitness Testimony - Bystanders or passengers often offer a neutral perspective.

• Police Reports - Law enforcement officers coming to the scene of the accident might issue citations, which indicate fault.

• Location of Vehicle Damage - Depending on where the damage is on the car, it can be easy to determine a failed merge.

A personal injury law firm can look at all of the evidence to get their client the compensation they deserve when getting into a merging accident on Long Island.

What to Do After a Merging Accident in NY

Following a merging accident, the alleged victim should do the following:

1. Call 911 - It's important to have police and paramedics on scene. A police report will be an important piece of evidence for insurance companies and lawyers.

2. Get Medical Attention - Even if no injuries are present, it's important for accident victims to get checked out. Some injuries, like whiplash, might not appear for a few days.

3. Document the Scene - If able, the victim should take photos and videos of the scene. This includes damage to the vehicles, license plates, road signs, and the surroundings.

4. Share Information - It's also important to share contact information with the other driver, including insurance details.

5. Don't Admit Fault - In many cases, fault is not clear in the moments following a car accident. Admitting fault at the scene could influence the opinion of investigators.

6. Contact a Lawyer - As soon as possible, a lawyer should be contacted to fight for the rights of a victim.

   
   

Why Fault Matters in New York

New York is a "no-fault" state, which means a person's own insurance company will cover medical bills, lost wages, and other costs, but only up to a certain amount. It doesn't matter who caused the accident, both drivers should file a claim. They can also explain if this applies when questioning who is at fault in a driver side car accident in NY?

However, if injuries are serious, and costs go above the threshold set by the insurance company, it's possible to file a personal injury lawsuit against the driver who is at fault.

Compensation can be given for:

• Medical expenses beyond no-fault coverage

• Future medical treatment

• Pain and suffering

• Property damage

• Lost earning capacity

How a Long Island Personal Injury Lawyer Can Help

Understanding the legalities of a merging accident is difficult, especially when fault is not immediately clear. A skilled personal injury lawyer will do the following:

• Investigate the scene

• Obtain traffic cam or dash cam footage

• Interview witnesses

• Work with experts in accident reconstruction

• Negotiate with insurance companies

• Represent their client in court, if necessary

Contact the Law Office of Carl Maltese Following a Car Accident

It's important to have legal representation following a car accident. The Law Office of Carl Maltese offers a free consultation to those who are interested filing a lawsuit against another driver following a merging accident. Call today.