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Accident caused by merging traffic compensation claim – Who is at fault?

By Mark Ainsdale. Last Updated 5th August 2021. Welcome to our merging traffic accident claims. Car accidents can be devastating, and you’ve been involved and injured in a road accident because of merging traffic, you may not be aware that you could claim compensation for your injuries. In many cases, depending on your injuries and who is at fault, you may wonder how to claim for damages. After all, this compensation could help you carry on after your merging vehicle accident injury. Please get in touch if you require any legal advice.

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A guide to accidents caused by merging traffic

Merging Traffic Accident

Merging Traffic Accident

One of the most common traffic manoeuvres is merging into traffic, but it can also be quite dangerous. Depending on the temperament of the road users, the speed of traffic or a split second lack of concentrate, what should be a simple movement into another lane could cause an accident that has far-reaching consequences.

Suppose you have been injured when a car merged into your lane, or when you merged into another lane, as either a driver or passenger, you may be able to claim merging accident compensation. Here, our definitive guide takes you through the rules on merging, best practice techniques and explains how to ascertain who is at fault for accidents. We also explain exactly what is required to make a claim for injury compensation for your merging injuries.

What to do if you are involved in an accident caused by merging traffic

Whether it is on a motorway or other road, merging traffic accidents can be scary. However, it is important to remember to gather all the facts and evidence of what has happened. If you were to pursue a claim when you are ready, you have collected the important information needed to help strengthen your merging traffic accident claims. If you have been involved in a merging accident, try and remember to gather the following:

The other driver’s details – You must take down the other driver’s details, including the vehicle’s make, model, and registration and all the driver addresses, names, and telephone details. If a commercial vehicle is involved, then it is best to get company contact details as well.

Witness details – If other road users have witnessed the incident, which is highly likely in a merging traffic accident, it is important to get their contact details. They may be required to give a witness statement, and this could help your case.

Photographs – Whilst it may not cross your mind initially, you should take photographs of the scene, as well as visible injuries such as bruises, cuts etc., as soon as you can.

Other elements

Expenses documents – Whether receipts for prescription charges or bills from physiotherapists, you must keep all the proof of any out-of-pocket expenses you may have been subject to because of your injuries.

If you have any medical records or reports from after the accident, it would be wise to keep a copy of these too.

If you doubt the evidence you have so far or want to know if something you have can be used to strengthen a claim, then why not call our team. We will happily review your incident and advise on what you need to take a claim forward.

How to begin a merging traffic accident claim

To begin merging accident claims, all it takes is a phone call. We pride ourselves on making our service as stress-free as possible. And we will be happy to take our time to explain the process in full. At that point, you can decide on whether or not you would like to pursue a compensation claim. Firstly, we will offer you a no-obligation free consultation. Here, we will ask you all about the incident and gather together the facts about your case. We can also arrange a local medical appointment, where a professional will assess your prognosis. And we will detail your injuries in full, along with any other medical information you might need.

From here, we will be able to match you with the in-house solicitor that best meets your needs. We pride ourselves on having solicitors who specialise in many different personal injury categories. Once we match you with the best one, they will work hard to secure the maximum level of compensation. Please get in touch if you wish to file merging traffic accident claims.

The rules on merging traffic

Part of the Highway Code (rule 134) states that, in turn, merging is a recommended driving technique, but drivers should only do so, providing it is appropriate and safe to do so. This action must be completed while traffic is moving very slowly.

When this rule is implemented, it’s acceptable for the vehicle looking to move lanes to give way to those already in a lane.

However, the preceding rule (133) highlights how important it is to only proceed with a lane change with extreme caution, care and attention. Mirrors should be checked carefully and the driver glancing sideways to ensure that other drivers or riders are not forced into changing speed or course.

Putting the rules into practice

Each driver will usually assess any merging situation as it happens, relying on common sense to assess whether it would be a wise idea to merge in turn or whether they should prioritise vehicles in the already established lane.

A good example would be if traffic has slowed to a very low speed, and no vehicle would be forced to change speed by the merge, then taking turns may be the most appropriate method.

Sadly, however, in some cases, merging lanes can become somewhat of a tussle, with some drivers preferring to assert their own right of way by accelerating in the established lane. This will usually force the car trying to merge to speed up or slow down. This can lead to dangerous situations for other road users as well as the two drivers involved.

Accidents caused by merging traffic on the motorway

Your merging traffic accident claims may relate to an incident on a motorway. If you’ve been injured in an accident on a motorway involving a merging manoeuvre, then it is likely that you will have been travelling at a slightly higher speed than if you were merging on a road that is not a motorway. The faster you are travelling when merging, the more dangerous this move can be, and if you have been injured as a result of an unsafe merge that was not your fault, the likelihood is that you will be able to claim compensation for your injuries.

One of the most common motorway merge accident occurrences happens on a smart motorway. These types of motorways require different driving practices than those that require merge in turn maneuvres. If you are driving in a lane marked with an X in red above, you are driving illegally. However, more education is required to ensure motorway drivers are all working on the same procedures, depending on the type of road they are driving on and the situation that presents itself.

A car merged into me, can I claim compensation?

Simply put, with an accident while changing lanes, who is at fault depends on who is seen to acting negligibly or dangerously. As there is a certain lack of clear direction within the statute often, each case is assessed on its own merits. Establishing fault in these circumstances will often involve assessing how reasonable the action of each driver is seen to be. If one (or even both) drivers are seen to have acted unreasonably and put other road users in danger, that will imply negligence, and therefore fault on their side.

An example of this would be as follows: if driver A who was merging, did not give way to driver B, who was in the already established lane, and an accident occurred, the burden of fault would usually be on driver A. However, if driver X was trying to merge into an established lane and driver Y was driving aggressively and pulled ahead of driver X to assert their position, causing an accident, then driver Y would be at fault. And if neither driver gave way and the two cars collided, it could be found that both drivers are at fault.

If you are involved in a merging car accident and are not the driver at fault, you would likely have a compensation case, along with passengers in the car if they were injured. If you are not sure who would be seen to be at fault, then do not hesitate to call us. Ask us anything about merging accident fault claims, and we will be happy to help you find out if you could make a claim.

What can be claimed for after an accident caused by merging traffic?

There are several different portions of a claim for compensation after an accident in merging traffic. However, these boil down to a few categories, as follows:

Medical claim –Any medical expenses you will have incurred due to your accident can form part of your claim. Physiotherapy appointments, counselling sessions and prescription charges can all form part of a medical expenses claim.

Care claim – Similar to a medical expenses claim this must be submitted by the person who has had to care for you if you have required care at home whilst recovering from your injuries.

Loss of earnings claims– If you have been unable to work due to your injuries and have lost out on income because of this, it may be possible for you to submit a claim for loss of earnings.

Travel expenses claim– If you have incurred expenses for travel about your injuries, for example, if you have had to travel to a specific clinic, you may be eligible to claim for this.

General damages claim – This portion of your claim will attempt to compensate you for any suffering and pain you have encountered.

If you require any more clarification on what your claim will include or are unclear on what is involved in proving your claim, then our team will be happy to advise you. Simply call us, and we will explain anything you need to know.

The most common types of accidents caused by merging traffic

Whilst every accident is different, a few common types of accidents are more common than others. The most common questions we are asked and the most common types of accidents are listed below:

‘A car merged into my lane and hit me’ – This is an extremely common complaint. If the driver merging into your lane was not paying due care and attention to the road and the positioning of other cars or was trying to merge at speed, then they may be found to be at fault, and you may be able to claim compensation.

‘I was rear-ended while merging’ – This is another common incident. If a driver is not watching the road carefully or speeding up when trying to merge, they may be found at fault for the accident. If so, then you may be able to claim compensation.

I was injured in an unsafe lane change accident as a passenger – This is another common occurrence. If you were travelling as a passenger in a car that merged unsafely and caused an accident, and you wound up with injuries because of this, you may be able to make a change, as the fault was not your own.

Whether you have any questions about the ins and outs of a lane-changing accident, whose fault an accident was, or would like to start a compensation claim, then do not hesitate to call our team. We will be happy to explain how to start or answer any questions you might have.

How much compensation will I get after an accident caused by merging traffic?

It’s difficult to tell how much you could receive after a lane change accident fault in the UK. But we know that people claiming should have some idea of the sort of potential settlements. However, remember that there may be intricacies that could lead you to receive more or less money.

No two cases are the same. Hence we cannot guarantee you a certain amount of money. What may seem like a small detail when it comes to your injuries can make a huge difference.

If you don’t see your specific injuries, you can call our team. They can take you through a few questions to determine your injuries. And they can then provide more information on the sort of awards you may receive.

Compensation for..Possible payout amountExplanation
Loss of benefits£5,000 - £500,000This will depend on the income you have lost as a result of your accident and injuries sustained within it. It is designed to replace the income you will have been found to have lost and is calculated using your current salary. If you perform a highly paid job, it is possible for your loss of benefits award to exceed the maximum stated here.
Anticipated Earning Lost£10,000 - £400,000This is a little more complicated than working out actual income lost. The award will be put together after review of not only your current salary but any future earnings, in order to provide you with compensation deemed to replace your future earnings while you are still unable to work whilst in recovery.
Suffering and Pain£1,000 - £200,000Your level of pain & suffering will be assessed and an award may be offered in order to compensate you for this.
Anguish (Mental)£3,550If it is deemed that you have suffered anguish mentally as a result of your accident, leaving you expecting the end of your life and/or fearing death, this may form part of your compensation.
Severe Neck Injury/injuries£34,575 - £112,750Whilst some neck injuries are common as a result of a merging accident, this is the severe end of the scale. Permanent spastic quadriparesis or incomplete paraplegia caused by injuries sustained in the accident are at the higher end of this scale. The ‘lower’ severe neck injury awards cover severe soft tissue damage, as well as very severe fractures and dislocations.
Moderate Neck Injuries£6,000 - £19,000Immediate symptoms in this bracket will usually be severe, often caused by fracture or dislocation. The lower level of this award is often given in cases where a pre-existing condition has been worsened or accelerated due to the accident.
Minor Neck InjuriesA few hundred pounds - £6,000The lowest awards in this category are of injuries that have been recovered from in a couple of months. The level of award offered in this category will take into account how severe the pain and the disability initially was, as well as the ability to work of the injured party. The medication required will also be taken into account when calculating the award.
Severe back injuries£53,000 - £122,350If damage to the spinal cord and/or nerve roots is involved, the award will likely be at the higher end of this bracket. Lower awards in the sever category include disc lesions, disc fractures and severe soft tissue injuries, that will cause chronic conditions.
Moderate back injuries£9,500 - £29,475Residual disability will be present at cases awarded the higher amounts in this bracket. Ligament and muscle disturbance that causes back pain and soft tissue injury are within the lower portion.
Minor back injuriesA few hundred pounds - £9,500This is awarded based on an assessment of the pain, severity, prognosis and medication required both initially and whilst you were recovering from these injuries. A prognosis for full recovery within the space of a few months is usually at the lower end of the scale.

No Win No Fee merging traffic accident claims

You may have seen the words No Win No Fee before. And many claims companies indeed offer this service. So, we believe you should be able to seek compensation quickly after an accident. And you should not pay any money upfront for doing so. Additionally, we don’t believe you should pay out of pocket for a claim that is not successful. When it comes to our claims service, No Win No Fee means exactly that. You won’t pay any legal fees for your case if it’s unlikely to be successful.

This, we believe, benefits you in more than one way. Firstly, and most obviously, we will only take on cases that we believe to have a good chance of success. So, you will know from the beginning that if we take on your case, it should reach a satisfactory conclusion. If we do not think your case will be successful, we will explain this to you. And we will make you aware of the reasons why we think this way. You may face legal bills when you hire a solicitor charging by the hour, even if you don’t win.

Additionally, we will work as hard as possible to secure the largest payout for your specific situation. We don’t just go for any award. Indeed, we push hard for the highest claim award we can. That’s because we know only too well how this will help you after your accident.

Why choose us as your claims service for a merging traffic accident claim?

Aside from our No Win No Fee service, which we believe offers you the best chance of getting high-quality legal representation no matter what your current financial situation is like, we also pride ourselves on our fantastic reputation amongst our former clients. A lot of the enquiries we receive come from word of mouth recommendations. And we feel there is no bigger compliment than this.

We have assisted thousands of injured people in thousands of personal injury claims, whether on the road as part of a merging accident claim, in a car park, after an accident at work, or in many other situations where they have suffered an injury due to an accident that was not their fault. With this experience, we have built a reputation with our clients and within the industry as having a high success rate when it comes to compensation claims. Our professional and friendly team have been fully trained to deal with even the most sensitive of cases, and we pride ourselves on our ability to put you, the client, first at all times.

Call for free advice and to start a claim

You can begin your claim with a simple phone call to 0800 073 8804. One of our dedicated staff will answer your call. And we will be happy to take details from you and answer your query or start a claim.

Whether you are left confused after an accident while changing lanes about who is at fault in the UK, want to find out whether any evidence you have collated after your accident is useful, or simply want to get started with making a claim, we will be happy to assist you. The earlier you begin your claim, the earlier it could end, so don’t hesitate to call us today. And we will begin fighting for the compensation you deserve for your merging traffic accident claims.

Merging Traffic Accident Claims Helpful Links

Government’s guide to the highway code

The Government’s guide to road use for riders and drivers includes general rules. There is also advice on techniques for different road situations.

HSE road safety

The Health and Safety Executive has produced a page showing road safety legislation for road users. This particular page covers work-related road safety information.

LegalExpert.co.uk Car Accident Claims

If you’re injured in a car accident that was not your fault, our car accident claims guide may help.

LegalExpert.co.uk Check out our Whiplash Compensation Calculator

Whiplash is one of the more common types of injury after a car accident caused by merging. This guide deals specifically with whiplash claims, offering information and advice for this specific injury.

Merging Traffic Accident Claims FAQs

Who is at fault if someone merges into you?

This would usually be the driver that is trying to merge.

What is the rule for merging traffic?

The idea is for the driver to yield to other cars in the lane they’re trying to enter.

Do you have to let someone merge?

You don’t have to do this, and the situation must be safe for them to merge at all.

Are you at fault if you cut someone off?

No, because the vehicle behind you needs to leave sufficient space to avoid rear-ending the driver in front.

Why should you merge last-minute?

This is actually safer because it gives you the most time to enter onto an available road.

What is the most common collision in a work zone?

This would be a rear-end crash.

Is merging dangerous?

It can be, which is why it’s important to be alert and up to the task of merging safely.

Do you speed up when you merge?

Yes, cars tend to travel faster when merging.

Thank you for reading our guide on merging traffic accident claims.

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