Accidents that occur while merging into traffic are a form of sideswipe accident. These kinds of accidents can happen when a driver is changing lanes or merging onto a freeway.
In Arizona, the general rules of liability that apply to merging accidents are:
Some additional considerations can affect who is liable in a merging accident between two cars, such as one or both drivers driving at excessive speed, a driver deliberately attempting to prevent another driver from merging, or distracted or aggressive driving.
Stone Rose Law represents Arizona residents who have been injured in traffic accidents, including merging accidents. In this post, we address how merging accidents can happen, the applicable laws and rules of the road that apply to merging accidents, how liability is established for a merging accident, how you can recover compensation as the victim of an improper merge or lane change crash, and some affirmative defenses you may encounter as the plaintiff in a merging accident case.
To learn more, or to schedule a free consultation with a Stone Rose Law traffic accident attorney, call us at (480) 631-3025 or contact us online.
Multiple Arizona laws govern driver behavior related to lane changes and merging. We have already seen above how ARS 28-771 applies to merging onto a freeway.
Violating Arizona’s traffic and driving laws may not give rise to a private cause of action. But driving in violation of the law may be admissible as evidence of negligence, recklessness, or intentional behavior that can cause an accident.
Here are some Arizona traffic laws that might contribute to such a finding of wrongful conduct behind the wheel:
The question of who is at fault in an accident resulting from a merge or a lane-change attempt hinges on who had the right-of-way under the law and whether any negligent, reckless, or intentional behavior by either driver contributed to the crash.
In a rear-end collision, the following driver is usually held at fault; in a sideswipe accident, the driver who changed lanes or attempted to merge is most often at fault.
If you are in the lane of traffic and a vehicle is trying to merge or change lanes into your lane, you are not legally required to adjust your speed or move over to let that driver in. If another driver speeds up and hits you while merging or changing lanes, then that person will be at fault for disregarding your right-of-way.
Nonetheless, as the examination of the relevant laws above shows, if the driver in the lane of traffic does something meant to interfere with or prevent the ability of another driver to merge or change lanes, like by speeding up or tailgating, and an accident results, this can make that driver at least partly to blame for the accident.
This latter situation is important because in civil lawsuits for personal injury and property damage, Arizona is a comparative negligence state. As we will see below, when drivers share fault, it can affect your ability to recover damages.
A sideswipe accident is like any other personal injury claim. Most of the time, the plaintiff will need to prove it is more likely than not that the other driver violated a duty of reasonable care, that this breach of duty caused physical injury, property damage, or both, and that the remedy can be calculated in money damages.
The physical injuries you may suffer from a sideswipe accident are similar to most other car accidents, including:
Your money damages can be economic (for example, past and future medical bills, property damage repair costs, lost wages, and lost income earning capacity) and non-economic (like emotional distress, pain and suffering, depression, anxiety, or post-traumatic stress disorder).
In especially egregious cases, such as if the other driver acted intentionally to cause the harm you suffered, you may be able to seek punitive damages.
In most cases, you will have two years to file a legal claim in court under Arizona’s personal injury statute of limitations. This period can be longer or shorter depending on variables like whether your harm was not apparent at the time of the accident but symptoms occurred later, or if a minor child is the possible plaintiff, or if a government entity is a possible defendant.
Also, in most personal injury claims, you will likely settle out of court instead of going to trial. This will mean that what you receive as compensation will take the form of an insurance company settlement payout, or a sum to be paid by the defendant or defendants, or a combination of both.
The defenses you might encounter if you are the plaintiff in a sideswipe accident claim resulting from a lane change or merging accident can take the following forms.
The other driver may argue that he or she did not act negligently, recklessly, or intentionally to cause the accident, but instead was driving in a reasonable manner. In this situation, the other driver will often seek to shift blame for the accident onto you or a third party. Examples include:
A common affirmative defense that another driver will raise in any car accident case is that you were also legally liable for causing the crash. For example, the other driver may allege that at the time the accident happened:
To the extent that the other driver succeeds in pinning some of the blame on you, then under Arizona’s system of comparative fault, your money damages recovery can be reduced in proportion to your assigned percentage of responsibility.
So, for example, if in settlement or in court you are found to be 25% at fault for the accident and the other driver was 75% at fault, and your settlement amount or judgment award was $60,000, your recovery will be reduced to $45,000 (a 25% reduction of $15,000).
Merging accidents can occur in several ways. Here are some of the most common causes.
The failure to yield this right-of-way is a leading cause of merging accidents. This may reflect ignorance of, or a misunderstanding of, Arizona’s rules of the road on the part of the driver attempting a lane change or merging onto a freeway. The driver who is already traveling in the lane you are seeking to enter has the right-of-way. This means that in most sideswipe car accidents, the driver attempting a merge or lane change will be at least partially, if not entirely, at fault.
Even if a driver understands how Arizona law governs right-of-way, a motorist may still misjudge the other vehicle’s speed and distance. This can apply to the driver changing lanes, merging, or traveling in the traffic lane.
Driving while under the influence of alcohol or drugs increases the chance of such a misjudgment of speed and distance.
Over-reliance on side or rearview mirrors while changing lanes or merging can leave a driver unaware of another vehicle in the lane until it is too late.
Anything that distracts you from your situational awareness while driving can lead to a merging accident. Examples include texting while driving, talking on the phone, programming your GPS device or software, or talking with a passenger.
Not all instances of merging or lane-changing car accidents are the fault of the driver attempting the merge or lane change. Sometimes, a driver in the traffic lane may speed up or slow down to block another driver, or tailgate another car to do the same.
This is one instance in which the driver in the traffic lane can be the at-fault party in a merging accident.
Sometimes the design of a road, or poor road conditions, or road construction or maintenance activities can make it more hazardous to change lanes or to merge. This is an instance of how, in some cases, a government entity may share liability for a merging accident.
If you have been involved in a sideswipe car accident that happened because of another driver’s attempt to change lanes into your lane or to merge into your lane, the quality of your legal representation during the claims process can have a significant impact on the compensation you can recover.
This is why having an experienced Stone Rose Law car accident lawyer representing you can be important when you seek compensation. Our Arizona personal injury attorneys have decades of experience representing clients involved in motor vehicle collisions, including sideswipe accidents. Here are some of the ways we can help with your claim:
To get started, call Stone Rose Law at (480) 631-3025 any day, any time to speak with an experienced Arizona personal injury lawyer and schedule a free consultation. If you prefer, you can also reach out to us through our online contact form.
