By Jo Anderson. Updated 5th January 2024. If you’ve been injured in a car accident when merging lanes, you could be entitled to compensation.
Merging lane rules are in place for a reason; a failure to follow them could leave someone injured. In this guide, we look at what they are, how someone could breach them, and what your legal rights are after an accident.
If you’d like to claim compensation, then we can help. You can call our helpline for free today to get a free case check. If you’d like to proceed with a claim we can get the ball rolling for you. You can speak with us now by:
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A guide to merging traffic accident injury claims
Choose a Section
- What Are The Criteria For Claiming For A Merging Lanes Accident?
- How To Prove Fault In A Merging Lanes Accident Claim
- What Is The Whiplash Reform Programme And Does It Apply To My Case?
- Compensation Payouts For Merging Lanes Accidents
- Can I Make A No Win No Fee Claim?
- Useful Links Relating To Merging Traffic Accident And Injury Claims
What Are The Criteria For Claiming For A Merging Lanes Accident?
Road users owe one another a duty of care to navigate the roads in a manner that avoids causing harm to themselves and others. They must also adhere to the relevant rules and regulations found in the Road Traffic Act 1988 and the Highway Code, including merging lane rules. Rule 134 of the Highway Code states that merging lanes is recommended, but only if it is appropriate and safe to do so.
If you have been injured in a merging lanes accident and are wondering whether you could pursue a car accident claim, you will need to meet the following eligibility criteria:
- Another road user owed you a duty of care.
- This duty was breached.
- Due to this breach, you suffered an injury.
To check your eligibility to make a personal injury claim, please contact an advisor. They could also inform you of the exceptions to the limitation period.
How Long Do I Have To Claim For A Merging Lanes Accident?
If you are injured in a lane merging accident that was someone else’s fault, you would only have a limited amount of time to file your personal injury claim. Per the Limitation Act 1980, most merging lanes accidents would have a limitation period of three years from the date of the accident.
Certain exceptions may apply to some claims, however. For example, if a minor is injured in an accident on the road, the time limit pauses until their 18th birthday. From this date, they will have three years to begin legal proceedings. Alternatively, a litigation friend could start a personal injury claim on their behalf while the time limit is paused.
Other exceptions apply to those who lack the mental capacity to claim. To learn what these are or to find out how long you might have to claim for an accident caused by someone dangerously merging into a lane, contact our advisors.
How To Prove Fault In A Merging Lanes Accident Claim
If you’ve been injured in a car accident involving merging lanes and want to claim compensation, you must provide evidence to support your claim.
The types of evidence that could be useful in this regard include:
- CCTV footage – If you can obtain footage from traffic cameras or even from local businesses, this could help to support your accident claim. It could prove who was at fault, as well as how severe your injuries are.
- Witness details – You could take down the contact details of anyone who witnessed the accident to allow their statement to be taken at a later date.
- Photographs of the scene – If you can take photographs of the scene of the accident, this could help support your claim. Photographs of your injuries can also be used to help prove your claim.
- Medical evidence – If you have already visited a medical professional about your injuries, there will be a record of this in your medical notes. This can help illustrate the severity of your injuries.
To get help gathering evidence for a merging lanes accident claim, please contact an advisor. They could connect you with one of our solicitors, who could assist with your claim.
What Is The Whiplash Reform Programme And Does It Apply To My Case?
If you suffered injuries because another driver did not adhere to the Highway Code merging lanes rule, you might be eligible for compensation. However, your claim might be affected by the Whiplash Reform Programme.
These reforms changed how certain claims are made in Wales and England for road traffic accidents. They apply to those 18 or over who suffered injuries valued at £5,000 or below as a driver or passenger in a vehicle. This includes whiplash.
Your whiplash injuries will be valued in accordance with the tariffs set in the Whiplash Injury Regulations 2021. Any other injuries you suffered that are not mentioned within this tariff will be valued in the traditional way. However, the claim may still be made in the new way even when these amounts are not applicable.
For more information about how the whiplash reforms affect certain car crash claims, get in touch with our advisors. They can help you if you are unsure which avenue to take when making your claim.
Compensation Payouts For Merging Lanes Accidents
As well as wondering who is at fault in a merging accident, you might wonder how much traffic accident compensation you could receive. If you were rear-ended while merging, and someone else is found to be at fault, you could receive compensation for your injuries and the financial costs associated with them if you can prove someone else was negligent.
You might have looked for a merging traffic accident injury calculator. However, these tools would not be able to give you an accurate estimate of your compensation. Therefore, we have created a table to assist you. This is in the following section.
To give you some idea of the damages you could receive from the pain and suffering of your injuries, you can look at the table below. We have taken figures from the Judicial College Guidelines, a publication that courts and lawyers could use to help them value the general damages portion of settlements.
General damages seek to provide compensation for the pain and suffering your injuries caused you to sustain. You should only use the figures as a guide because your actual settlement will vary.
If you cannot see your injury in the table below, you can always give us a call. We would be happy to talk you through how much compensation you could receive.
| Injury Type | Explanation | Common Payment Bracket |
|---|---|---|
| Multiple Serious Injuries Plus Financial Losses | Causing serious pain and suffering as well as financial loss. | Up to £200,000+ |
| Neck -Severe (i) | Injuries causing permanent disablement and pain. | In the region of £148,330 |
| Hand – Serious | These leave the hand with a 50% lower functionality | £29,000 to £61,910 |
| Hand – Less Serious | Crush injures to the hand which leave you with less function until healing is complete | £14,450 to £29,000 |
| Arm (b) | Several fractures that leave a person with lower functionality of the arm in the future | £39,170 to £59,860 |
| Arm (d) | Usually on the forearm’s shorter bones | £6,610 to £19,200 |
| Toes – Amputation | An injury that causes all toes to be amputated | £36,520 to £56,080 |
| Leg – Severe (iii) Serious | Long-term immobility is usually the result of several complex/serious fractures | £39,200 to £54,830 |
| Whiplash Tariff | This tariff is appropriate for whiplash injuries along with minor psychological damage that is expected to last 18-24 months. | £4,345 |
| Whiplash Tariff | This tariff is appropriate for whiplash injuries with symptoms expected to last between 18-24 months. | £4,215 |
Can I Make A No Win No Fee Claim?
If you are eligible to make a lane merging accident claim, you might wish to get professional help. One of our solicitors could help you gather evidence for your claim, and they could negotiate a compensation settlement on your behalf.
One of our solicitors may offer to take on your claim under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee contract, which means you would not typically have to pay for your solicitor’s work upfront or throughout your merging lanes injury claim.
Instead, under the terms of the CFA, if your claim is successful, your solicitor will take small percentage of your compensation, known as a success fee. This success fee is also subject to a legal limit. If your claim was unsuccessful, you wouldn’t typically have to pay them for their work.
To learn more about whether one of our No Win No Fee solicitors could help you claim for an accident involving someone merging into a lane carelessly, please contact an advisor.
- Call us on 0800 073 8801
- Contact us online for a callback.
- Live chat with an advisor.
Useful Links Relating To Merging Traffic Accident And Injury Claims
Whiplash Compensation Claims Calculator – Find out if you can claim? – If you have neck pain or whiplash contact us and find out if you can claim compensation today.
Car Accident Compensation Amounts – Find out how much compensation you could claim for a car accident.
The Guidance From The UK Highway Code On Merging Lanes – Road users should familiarise themselves with this information before taking to the roads in any vehicle. You can find the guidance from the Highway Code on merging lanes here.
Road Safety Legislation – The HSE has produced this webpage in order to inform people about legislation relating to road safety.
If you have any questions about merging lanes, get in touch. We can also offer you a free consultation.