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Who is at fault in a highway merging accident in Louisiana?

On Behalf of | Oct 9, 2023 | Car Accidents

Highway merging accidents can be frightening and often raise questions about who is at fault. Understanding the rules and principles governing merging accidents is essential for determining responsibility in Louisiana.

It is important to explore the factors that come into play when determining fault in a highway merging accident.

Basic merging rules

The basic principle for merging is that the merging vehicle must yield the right-of-way to the vehicles already on the highway. This means the responsibility for avoiding a collision primarily falls on the driver merging onto the highway.

Safe speed and distance

The merging driver should enter the highway at a speed that allows them to merge seamlessly with the traffic flow. Sudden lane changes or attempting to merge too closely to oncoming vehicles can lead to accidents and is usually the merging driver’s fault.

Use of turn signals

Using turn signals is a good idea when merging onto a highway. Signaling intentions well in advance provides other drivers with information and allows them to adjust their speed or position accordingly.

Contributory negligence

Louisiana follows a legal principle called “comparative negligence.” This means that fault in an accident is not always black and white; it can be the partial fault of both parties. If both the merging driver and a driver on the highway are negligent, the courts compare the degrees of fault and then divide the liability accordingly.

Aggressive driving

Aggressive driving behaviors, such as refusing to yield when someone is merging, can contribute to accidents. If the driver on the highway was engaging in aggressive behavior that led to the accident, they may share some of the fault.

With over 35,000 fatal accidents happening in one year, according to Forbes magazine, all drivers need to exercise caution and follow the rules when merging onto highways to prevent accidents and ensure the safety of themselves and others on the road.

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