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:

  • The driver already in a road or freeway lane has the right-of-way.
  • A driver changing lanes must yield the right-of-way to a driver already in the lane.
  • A driver who is entering a freeway via an onramp or an approach road must yield right-of-way to a vehicle that is traveling on the freeway’s main roadway and is in the lane the merging driver seeks to enter (Arizona Revised Statutes (ARS) 28-771(C)).

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.

What Arizona Laws Apply to Merging Accidents?

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:

  • ARS 28-729: This statute requires drivers to stay in a single lane and allows changing lanes only when it can be done safely. Violations of this law are a common basis for sideswipe accident claims.
  • ARS 28-754: This law requires drivers to use turn signals before moving left or right on a road, and to do so continuously for the last one hundred feet before the movement. Failure to observe this law can be evidence of negligence in a lane-change or merging accident.
  • ARS 28-701: This law requires drivers to control their speed based on traffic, road, and weather conditions. A driver who speeds up to prevent another driver from merging may violate this law, which can be evidence of negligent or even intentional behavior leading to an accident.
  • ARS 28-693: This statute makes it unlawful to drive in a way that shows reckless disregard for the safety of persons or property. A driver who intentionally keeps another driver from merging by accelerating to cut that driver off, or who weaves aggressively while lane changing, may be in violation of this law.

Who is At Fault in a Merging Accident?

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.

How Can You Recover Damages for a Merging Accident?

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:

  • Broken or fractured bones
  • Back, neck, or spine injuries
  • Organ damage or internal bleeding
  • Cuts, scrapes, and contusions
  • Traumatic brain injuries

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.

What Possible Defenses May Exist in a Merging Accident Case?

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 Did Not Breach a Duty of Care to You

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:

  • Another driver’s behavior was the cause of the accident
  • A government entity was responsible for the road conditions that caused the accident
  • You were at least partly to blame for causing the accident

How Comparative Negligence Can Apply to Sideswipe Accidents

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:

  • Your speed was not reasonable and/or prudent given the circumstances.
  • You were distracted or otherwise not paying attention.
  • You drove in a way that was unreasonable under the circumstances.

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).

How Do Merging Accidents Happen?

Merging accidents can occur in several ways. Here are some of the most common causes.

Common Causes of Merging Accidents

Failing to Yield Right-of-Way

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.

Misjudging Speed or Distance

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.

Blind Spots

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.

Distracted Driving

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.

Aggressive Driving

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.

Road Conditions

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.

Have You Been in a Merging Accident in Arizona?

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:

  • Advising you on what you need to do in the immediate aftermath of the accident
  • Advising you on how to communicate with insurance companies and other lawyers, including standing between you and other lawyers if you retain our legal services
  • Gathering evidence from the accident scene and documentary evidence to support your personal injury claim, including securing witness statements if available
  • Establishing the value of your claim for settlement or lawsuit purposes
  • Identifying all possible parties who may share liability for the harm done to you
  • Filing in court in a timely manner to preserve your legal claims
  • Negotiating with insurance company claims adjusters and defense attorneys to secure the fair compensation you deserve
  • Representing you in court on a contingency basis if settlement negotiations do not produce a fair outcome for you

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.

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