We've been featured in:
I Had A Car Accident When Merging Lanes – Who’s At Fault?
By Danielle Jordan. Last Updated 30th October 2024. Welcome to our merging traffic accident claims guide. 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.
Select a Section
- A Guide To Merging Traffic Accident Claims
- What To Do If You Are Involved In An Accident Caused By Merging Traffic
- The Rules On Merging Traffic
- Accidents Caused By Merging Traffic On The Motorway
- A Car Merged Into Me, Can I Claim Compensation?
- The Most Common Types Of Accidents Caused By Merging Traffic
- How Much Compensation For Merging Accident Claims?
- No Win No Fee Merging Traffic Accident Claims
- Why Choose Us For Your Merging Traffic Accident Claim?
- Call For Free Advice And To Start A Claim
A Guide To Merging Traffic Accident Claims
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.
You can also watch our video below which explains the key takeaways from our guide:
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.
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.
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.
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 For Merging Accident Claims?
Merging traffic accident compensation can be made up of two heads of loss. One compensates for the injuries suffered and is called general damages. The other compensates for financial losses caused by the injuries and is called special damages.
Turning to general damages first, several factors influence the amount of injury compensation. These can include:
- The type of injury and its severity
- How long the injury lasts
- The wider impact of the symptoms on day to day life
- Future prognosis
- The need for future medical treatments
When working out compensation figures, legal representatives may use a document called the Judicial College Guidelines (JCG). This contains a detailed list of injuries and suggested compensation brackets for them.
We have made a table of injuries and their compensation brackets from JCG. Also included in the table are two fixed tariff entries from the Whiplash Injury Regulations 2021 (more on this in the next section).
Please note that the JCG brackets are not guaranteed, and also please note that the top entry does not come from the JCG.
| Injury | Severity | Compensation Bracket |
|---|---|---|
| Multiple Serious Injuries and Financial Losses | Serious | Up to £1,000,000 + |
| Head Injury | Very Severe | £344,150 to £493,000 |
| Moderately Severe | £267,340 to £344,150 | |
| Less Severe | £18,700 to £52,550 | |
| Back | Severe (i) | £111,150 to £196,450 |
| Severe (iii) | £47,320 to £85,100 | |
| Shoulder | Severe | £23,430 to £58,610 |
| Serious | £15,580 to £23,430 | |
| Whiplash Tariff | With Psychological Damage (18-24 months) | £4,345 |
| Without Psychological Damage (18-24 months) | £4,215 |
Financial Losses
In addition to injury damages merging traffic accident claims could also include special damages which compensate for financial loss. Such losses need to be caused by the injuries and enquire evidence to prove them. For example, you may need to attend private physiotherapy due to your injuries after a car crash. To prove this, you could provide the invoice for your treatment.
Other special damage items could include:
- Loss of earnings
- Medical fees
- Travel expenses
- Prescription costs
If you would like to discuss potential compensation, you can contact an advisor. They will be able to answer questions about your accident circumstances, such as ‘Who has the right of way when merging?’ or ‘What are the merging lane rules?’.
Whiplash Reforms
The Whiplash Reform Programme may impact your claim. The Reforms changed how certain claims for road traffic accidents in England and Wales are made. They apply to passengers and drivers aged 18 or over who suffered injuries valued at £5,000 or less, such as whiplash.
A whiplash injury will now be valued in accordance with the fixed tariff amounts found in the Whiplash Injury Regulations 2021. We’ve provided a few examples in our table above. Additional injuries that are not covered by the tariff will be valued traditionally.
Please get in touch with an advisor to learn more about how compensation could be awarded. They can also value your claim.
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 For Your 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.
Learn More About Car Accident Claims
Below, you can find more information on making a car accident claim:
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.
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.
If you’re injured in a car accident that was not your fault, our car accident claims guide may help.
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.
Other Useful Compensation Guides
- Taxi Accident Claims
- Motorcycle Accident Claims
- Making A Motorcycle Accident Claim
- Find out how to claim for an accident caused by faulty traffic lights with our guide.
Thank you for reading our guide on merging traffic accident claims.
Meet The Team
Our Top Legal Guides
