Typically, the driver who is merging with traffic is at fault when they collide with another vehicle. However, if the other driver’s actions contributed to the accident, then that other driver could be partially at fault. Suppose you have been in a merging accident in Fort Lauderdale, and you feel the other driver’s careless or reckless actions contributed to the accident and your injuries. In that case, ourFort Lauderdale car accident lawyer may be able to help.
Who Is at Fault in a Merging Accident?
The laws regarding merging traffic are outlined inFlorida Statutes § 316.085. Per the statute, merging vehicles must yield to traffic. Traffic etiquette, though, also recognizes cooperation between the two parties. The merging vehicle is expected to match speed with highway traffic, while highway traffic is expected to allow space for the merging car.
That said, the merging driver may be liable in the event of an accident.
That liability, however, depends on more than just the direction of travel. Investigators and insurance adjusters will consider the behavior of both drivers, the position of vehicles at impact, weather and road conditions, and the presence of traffic controls. This is why it is critical to document the scene and gather witness statements.
If your accident occurred on busy Fort Lauderdale roadways like I-95, US-1, or the Turnpike, traffic camera footage may be available to support your case. Our team can act quickly to secure such evidence before it’s deleted or overwritten.
When Do Most Merging Accidents Occur?
Since timing and speed play a critical role in merging with traffic, these accidents most often occur during rush hours in the morning and after work. Whenever there is a high traffic volume, the risk of a merging accident increases, especially when drivers are more prone to being aggressive and reckless.
South Florida’s urban roadways experience some of the heaviest traffic in the state. Commuters merging during peak hours often face limited space and little margin for error. Frustrated or fatigued drivers may act out of impatience, making snap decisions that lead to collisions.
Construction zones and temporary lane closures, common in Fort Lauderdale, further complicate merging, increasing the chance of driver confusion and misjudged maneuvers. When construction signs are unclear or missing, liability may even extend to a third party, such as a city contractor.
The Other Driver Could Be Partially at Fault
Although the merging driver is typically at fault, there are circumstances in which the other driver could have contributed to the accident. The other driver may be found negligent if they were:
- Speeding
- Driving recklessly, like on the shoulder
- Driving aggressively, like tailgating
- Distracted by their phone
- Impaired due to alcohol or drugs
Depending on how egregious the other driver’s actions were, they could be found completely at fault for the merging accident.
For example, if a vehicle in the through lane intentionally sped up to block a merge or refused to yield space when safe to do so, that driver could be considered primarily responsible. These aggressive driving behaviors can be captured via dashcam footage or eyewitness accounts, which can significantly influence your case outcome.
Distraction also plays a key role. If phone records or surveillance footage show the other driver texting or interacting with their GPS during the crash, that evidence may shift liability in your favor. Our attorneys are experienced in subpoenaing such records and analyzing crash data to support your case.
Comparative Fault Laws Affecting Your Claim
PerFlorida Statutes § 768.81, you can collect compensation for an accident even if you were partially at fault as the merging driver. However, your degree of fault will affect your percentage of settlement. For example, on a $100,000 settlement, if you were found to be 40% at fault in the merging accident, your settlement would be reduced to $60,000.
Additionally, if one party is found to be more than 50% at fault, they would be barred from receiving any compensation.
Understanding the comparative fault system is important when dealing with the insurance companies. They are aware of this statute, and some try to exploit it to undervalue or deny claims. OurFort Lauderdale personal injury lawyers know their tactics and can protect you from suffering a greater degree of blame than what is warranted.
Successfully navigating a comparative fault case requires more than just a police report. At the Law Offices of Wolf & Pravato, we collaborate with accident reconstruction specialists, engineers, and medical experts to present a comprehensive view of how your accident occurred—and how it has impacted your life.
Choose a Legal Team That Delivers Proven Results
At the Law Offices of Wolf & Pravato, we understand how stressful and confusing merging accidents can be, especially when liability is unclear. We take a thorough, evidence-driven approach to building strong cases that withstand scrutiny from insurance companies and in court.
With over 20 years of experience and a track record of success, we’ve recovered millions for Florida car accident victims, including:
- $3.85 million settlement in a Fort Lauderdale truck rollover
- $5.25 million recovery in a wrongful death truck crash
- $925,000 for a shooting victim in a negligent security case
If your car was towed after the accident, we will investigate whether the removal was lawful and whether it interfered with your ability to gather evidence. We leave no detail unexamined.
We offer free consultations and only get paid if we win. Let our experienced attorneys help determine who was truly at fault and pursue the full compensation you deserve.
Contact a Fort Lauderdale Merging Car Accident Lawyer Today
If you have been in a merging accident in Fort Lauderdale and would like to know who is at fault, contact the Law Offices of Wolf & Pravato at (954) 633-8270. We provide free case consultations to accident victims and work on a contingency basis, so there are no attorney’s fees unless we win.
We’re here to guide you through every step of your recovery and claim. Call today.