Accidents Caused By Merging Traffic Claims
- Merging Traffic Under the Highway Code
- Merging Traffic in Practice
- Identifying Who is at Fault
- What If I Share Fault in the Accident, Can I Still Claim Compensation?
- How Claim Solutions Scotland Can Help Your Traffic Accident Claims
- What if the Other Driver is Uninsured?
- When Will I get My Compensation
- How to Start Your Claim
The average driver is dealing with a record
number of distractions on Scotland’s roads.
Accidents caused by merging traffic claims can be among the most difficult to win. There is a higher potential for driver confusion when you have two or more lanes of traffic emerging. The average driver is dealing with a record number of distractions as well as increased traffic flow and many drivers lack an understanding of the rules set out in the Highway Code regarding merging. These factors combine to make a more aggressive driver, as each driver thinks they are acting with-in their legal rights. You should never fight for position when merging with an aggressive driver.
Merging Traffic Under the Highway Code
Rule 133 of The Highway Code stresses the importance of using caution when changing lanes. If a driver fails to check the road prior to merging they could force another driver off the road or into oncoming traffic. If you are merging into traffic you should give way to traffic that is already in the lane you are trying to enter. Merging while in a turn is only appropriate when traffic is moving slowly. You will need to check your mirrors and glance sideways to ensure there are no other drivers in your way before you begin to change lanes. Always check your blind spot.
Merging Traffic in Practice
Deciding when to merge in traffic isn’t always that easy and you may be required to increase or decrease your speed significantly to enter into traffic at the appropriate pace. In an ideal merging traffic scenario both parties make slight adjustments to allow for a merging vehicle to enter into traffic with little to know affect on the traffic pattern. You should always seek to match the speed of cars in the lane you are moving into. It is during these high traffic times that you are more likely to encounter accidents caused by merging traffic. Unsafe mergers can put everyone on the roadways at risk and if you notice a driver preparing to attempt a questionable merge you should try to avoid getting close to them. In some cases, this is impossible and extreme caution needs to be exercised to avoid a road traffic accident.
Identifying Who is at Fault
Accidents caused by merging traffic often lack the clarity and straightforwardness of a traditional road traffic accident. The very nature of this type of accident often means multiple parties are at fault. Because of the individual nature of each of accident it is important to examine the circumstances that led up to the incident. Fault will be determined on how your actions attributed to the accident occurring. Drivers who acted unreasonably, or broke the laws set out in The Highway Code, may be held to have contributed towards the accident taken place and apportioned some blame. Let’s examine a couple of examples to better understand these theories in practice.
Accident 1
In this scenario, the merging driver did not pay attention to the flow of traffic in the lane they were entering and as a result of this behavior, an accident was caused. In this case, the merging driver showed negligence and therefore, they would be found to carry the fault.
Accident 2
In this scenario, everything occurred the same as the first example except this time a driver in the lane of traffic sped up to maintain their position. This caused the driver to alter their course and resulted in an accident. In this instance, the driver that sped may well have been driving carelessly/dangerously and be apportioned some of the blame. There will also be consideration of how established the driver was in the lane they were moving into before the collision took place and also where the damage to each vehicle was located.
Accident 3
In some instances, the accident is a result of both party’s actions. A merging driver may be forced to, or may force, another driver to perform unsafe driving maneuvers in an attempt to avoid the accident. When this occurs, drivers are put at higher risks. These claims can take longer than the previous examples to complete because they cannot be assessed without examining the details thoroughly.
What If I Share Fault in the Accident, Can I Still Claim Compensation?
Yes, if you were involved in a merging traffic claim and you were injured as a result of another driver’s actions then you may be entitled to compensation. Your compensation may be reduced to factor in how much you contributed to the accident taking place. This means you can still receive compensation, even if you are partly responsible for the accident.
How Claim Solutions Scotland Can Help Your Traffic Accident Claims
If you are involved in a merging traffic accident you need to begin your evidence gathering. This evidence can come in many forms including but not limited to:
- Police Reports
- Tech Reports
- Video Footage
- Witness Statements
Our teams of experts work tirelessly to give you the advantage you need to achieve success. Your claim is important to us and we understand the importance of a road traffic accident claim. Each claim is assigned an individual claim specialist who is there to advise you on the best possible compensation strategy to follow.
What if the Other Driver is Uninsured?
As uninsured accidents occur every day and if you are involved in a merging traffic accident with a driver that doesn’t have insurance, or flees the scene of the accident, you may be required to follow a slightly different procedure in order to receive compensation for your injuries. The Motor Insurance Bureau was set up to help alleviate the burden placed on the victims of uninsured accidents. Filing a claim with the MIB can take longer than traditional courts and the compensation awarded is historical less but it might be your only option. The MIB provides a valuable service to the people of Scotland.
When Will I get My Compensation
If it is accepted that you are not liable and the other driver is at fault, then you can expect to receive your compensation within a matter of months If liability is disputed or the parties can’t agree on a share of the liability then the case may have to go to Court and will take much longer.
How to Start Your Claim
Starting your claim is easy. Simply contact us today to see how much compensation you can claim. Our panel of claim advisors can guide you through the entire claim process and help you to maximise your compensation.
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