What to Do After a Car Hits Me While Merging

If you were in Fort Lauderdale and attempting to merge onto I-95, the Sawgrass Expressway, or the Turnpike, and someone hit you while you were merging, you should pull over, call 911, exchange information, and document the accident. Next, see a doctor and follow their treatment plan. Then, contact a Fort Lauderdale car accident lawyer. 

Do not make assumptions about fault. If you have been in an accident, a lawyer will have the resources to determine each party’s degree of fault. 

Your Next Actions Following a Merging Accident

Your actions following a car accident can affect your physical recovery and the strength of your car accident claim: 

• Reporting the accident allows law enforcement to generate a police report
• Seeing a doctor immediately will enable early diagnosis and treatment
• Gathering photographs and contact information aids in developing a claim

But the most important thing is to refrain from admitting fault. Instead, speak to a lawyer and allow the police and our law firm to investigate the accident. 

Even if you believe the other driver was clearly at fault, emotions and stress can affect your memory and perception of events. Saying something as simple as “I didn’t see you” could be used against you later. It’s best to limit discussion at the scene and let your attorney speak on your behalf moving forward.

In the days following the crash, maintain a journal documenting your injuries, symptoms, and how the accident has disrupted your daily life. This information can be extremely valuable in helping your attorney build a strong case for compensation.

Who Has the Right of Way When Merging in Fort Lauderdale

As a basic rule, supported by Florida Statutes § 316.085, the driver on the highway has the right of way. Merging cars are required to yield to highway traffic.

However, there is an expectation of cooperation between the two parties. The cars on the highway should adjust their speed to allow space for merging vehicles, and the merging cars are expected to speed up with the flow of traffic. 

Regrettably, this isn’t always the case, as some drivers on the highway have been known to speed up and collide with other drivers while merging. In those events, you must prove negligence.

Traffic flow in South Florida is notoriously fast-paced and aggressive, especially on interstates and during rush hour. Understanding the local driving environment and traffic behaviors can add context to your case. A Fort Lauderdale car accident lawyer can help determine if the other driver’s actions were unreasonable or in violation of local traffic norms.

Proving the Other Driver Speeded Up and Hit Your Car While Merging

If you believe the other driver sped up as you were attempting to merge and hit your vehicle, you will need to prove the other driver’s negligence. To prove negligence in this type of accident, you would need such evidence as the following: 

• Eyewitness statements
• Video footage from dashcams and traffic cameras
• Police reports
• Expert testimony from accident reconstruction specialists

Vehicle damages, skid marks, and possibly other forms of physical evidence can prove very useful in proving fault. We may even subpoena phone records to see if the other driver was distracted by their phone at the time. 

Accident reconstruction experts can recreate the collision using data such as vehicle positions, speed, road conditions, and impact points. Their analysis can lend scientific credibility to your case, especially when liability is disputed.

Additionally, Florida’s “Move Over” and merging laws can play a role in determining liability. If the at-fault driver violated any state or local traffic codes during the accident, that violation may help strengthen your injury claim.

Comparative Fault May Apply to Your Claim

Since the other driver technically had the right of way, comparative fault laws could affect your claim. You can still collect compensation even if you were partially at fault for the car accident, but insurance companies may try to place a greater degree of blame on you to avoid paying a fair settlement. 

Our Fort Lauderdale personal injury lawyers can protect you from these tactics. They can investigate your accident, determine your damages, and fight for fair compensation for your losses. 

Under Florida’s modified comparative negligence rule (§ 768.81), your compensation may be reduced by your percentage of fault. For instance, if you were 20% at fault and your damages totaled $100,000, you could still recover $80,000. However, if you are found more than 50% at fault, you may be barred from recovery. This makes building a strong, evidence-based case critical.

A skilled attorney in Fort Lauderdale can work to shift liability away from you by identifying inconsistencies in the other driver’s story, locating key witnesses, and challenging assumptions made by insurance adjusters.

When evaluating your damages, your lawyer will look beyond initial medical bills. They will consider the cost of future care, lost income, loss of earning capacity, pain and suffering, and how your injuries impact your overall quality of life.

Choose a Legal Team That Delivers Proven Results

After a merging accident, every detail matters—including what happened to your vehicle after the crash. At the Law Offices of Wolf & Pravato, we understand how overwhelming the aftermath can be, especially when unexpected towing or impound fees are involved.

With more than 20 years of experience handling complex car accident claims in South Florida, our team knows how to uncover critical evidence, including whether the tow was lawful, who authorized it, and whether it impacted the investigation.

Our track record speaks for itself:

• $3.85 million settlement in a Fort Lauderdale truck rollover case
• $5.25 million recovery for a family following a deadly truck accident
• $925,000 settlement in a negligent security shooting case in Miami

We conduct in-depth investigations to preserve evidence, challenge improper towing practices, and identify all liable parties. If your vehicle was removed prematurely, it could affect your ability to prove fault and your right to compensation.

We offer free consultations and work on a contingency fee basis. Let us help you protect your rights and pursue every dollar you’re entitled to.

Call the Law Offices of Wolf & Pravato Today!

Call (954) 633-8270 today and speak to a member of our legal team about your car accident while merging in Fort Lauderdale. We never charge upfront fees and only get paid if we win your case. Our goal is to help you recover, physically, emotionally, and financially, after a traumatic merging accident.