Who Is at Fault in a Car Accident While Merging? Iowa Personal Injury

Determining fault in a car accident is often complex. Judges must take many factors into account to get to a fair settlement. Both the defendant and the plaintiff will try to build a strong legal strategy as well.

There are many types of car crashes. Liability is easier to determine in some of them, while it's more confusing in others. Merging accidents can involve many vehicles. The nature of this kind of incident makes it a bit difficult to tell who is responsible for it right away.

Car accidents come with many expenses. Victims need money to cover lost wages, hospital bills, and property damage. Personal injury lawsuits are the best option they have to get compensation in a car accident case.

This page will explain who can be at fault in a car accident while merging in Iowa. However, if an accident occurred, the victim should first contact a lawyer to start building a case.

The information here serves as an introduction to what victims of a car accident need to determine who the at-fault driver is. Professional lawyers are essential to answer more specific questions about the case at hand.

Tom Fowler Law is an experienced personal injury law firm in Des Moines, Iowa. People can schedule a free consultation with one of its lawyers by calling. They can also share insight on who is at fault in a low speed car accident Iowa.

Traffic Duties in a Merging Situation

One of the most important factors to consider when determining fault in a merging situation is whether the other driver properly followed their traffic duties. Proving that they failed to do so could turn the tables on a case.

Since merging creates accident-prone situations, both the highway and the merging driver have specific regulations they must follow to avoid problems. Here is a brief explanation of what they must do:

Merging Driver

The driver merging, whether they come from an on-ramp or another lane, has the duty to yield to traffic. Essentially, they must wait until they have a safe gap to enter the highway and adjust their speed to avoid a collision.

Generally, merging car accidents happen because the driver switching lanes didn't do it correctly. The others were already there, so failing to yield could be seen as forcing their way into the highway.

Even if the merging driver has a safe gap to enter the lane, they must adjust their speed and direction to fit into the traffic.

Highway Driver

While the merging vehicle has the most duties when entering a lane, highway drivers still have to keep a consistent speed and spacing. Suddenly going slower or blocking another driver will almost always cause a crash.

Swerving and hitting the brakes to avoid a merging vehicle is highly dangerous. Judges will consider highway drivers liable for a collision if they notice they deliberately made it more difficult for the merging car to enter the lane.

Who Is at Fault in a Merging Car Accident in Iowa?

Now that the duties of both drivers in a merging situation are clear, it's time to dive into who is at fault in a car accident. Crashes can be highly different from each other. Below, the reader will find scenarios to understand how the drivers involved in them may share responsibility.

Merging Driver

As mentioned before, drivers merging traffic are normally liable for these accidents. If they, for example, enter the lane and cut off another vehicle, the judge will consider them at fault. The same happens when cars merge into another lane at an unsafe speed without enough room to do it.

In most situations, this happens because the driver failed to yield or didn't even attempt to adjust their speed. Nevertheless, the other party in the case would have to prove that to receive full and fair compensation for what happened.

Highway Driver

Drivers already on a highway may be considered liable for a crash if they intentionally block a merging car or fail to adjust speed to allow them to enter the lane. This doesn't make them fully responsible for the crash.

Depending on the situation, highway drivers may be considered partially at fault. Something like that could happen if, for example, drivers started driving faster when they noticed another car trying to enter their lane.

Shared Fault

Iowa is a modified comparative negligence state. This means that more than one person can be liable for an accident. In most situations, each driver is responsible for their damages and will have to negotiate with insurance companies themself.

Due to the contributory negligence ruling in the state, if one of the drivers is considered to be 51% at fault for the crash or more, the other party in the case can file a claim against them to get compensation.

When do drivers share fault? It could happen if neither of the vehicles paid full attention to the road while driving. The same happens if one was recklessly driving and the other doing it under the influence, for example.

To determine who is more liable for an auto accident, a vehicle accident lawyer in Des Moines IA must find evidence that their clients were following traffic laws properly or that the others failed to do so.

Bottom Line

Serious accidents could cost victims thousands of dollars just in medical expenses. That's what makes winning a personal injury or insurance claim so important for them.

All the paperwork needed for the case, and negotiating with the other driver's insurance company, can make this a long and complex process. Victims endure this while dealing with all the emotional and physical pain crashes cause.

Lawyers are meant to make this process easier for their clients, whether they are the rear car or the lead driver. Experienced attorneys know how to get key pieces of evidence, such as police reports, security footage, and witness statements.

Tom Fowler Law has been working on these cases for years. Its main goal is to help people seeking compensation receive the money they need for their medical bills and additional losses.

To schedule a free consultation with a lawyer from Tom Fowler Law, people only have to call. They can ask all the questions they have in the case evaluation.