12 Insurance Surprises To Look Out For After a Car Wreck
Posted in: Car Accidents
KNR Legal Blog
If you’re injured in a merging or lane-change crash, one of the first questions you’ll have is: Who is at fault?
In Ohio, the driver entering a lane or merging typically has the duty to yield, which often makes the merging driver at fault. However, liability isn’t automatic. Speeding, aggressive driving, failure to signal, or unsafe behavior by the other driver can shift or share responsibility.
Because fault directly affects who pays for your injuries and damages, it’s important to understand how Ohio law handles merging accidents — and when you may need help from an experienced Ohio car accident lawyer.
Under Ohio traffic law, vehicles already traveling in an established lane typically have the right of way. Drivers entering from an on-ramp, shoulder, or another lane have a legal duty to merge safely without forcing other motorists to brake, swerve, or change speed suddenly.
This means the merging driver must:
Failing to follow these rules can be considered negligent driving. If a merging driver enters traffic carelessly and causes a collision, they will usually be held responsible for the crash and any resulting injuries.
However, right of way doesn’t give other drivers permission to act recklessly — and fault isn’t always automatic.
In many cases, the merging driver is presumed to be at fault because they are the one changing lanes or entering traffic. Ohio law places the burden on that driver to ensure the move can be completed safely.
A merging driver is often found liable if they:
These behaviors typically violate a driver’s duty of care, meaning they failed to act reasonably and safely under the circumstances. When that failure causes an accident, they can be legally responsible for medical bills, vehicle damage, lost wages, and other losses.
Still, every crash is unique — and there are situations where the driver already in the lane shares the blame.
Although merging drivers often bear responsibility, the driver already traveling in the lane does not have unlimited rights. All motorists must operate their vehicles safely and follow Ohio traffic laws.
The non-merging driver may be partially or fully liable if they:
For example, if you properly signal and begin merging with enough space, but another driver speeds up and hits you, they may share fault. Similarly, a distracted or reckless driver who fails to slow down to avoid a clear merge may be considered negligent.
In these situations, liability may be split between both drivers, especially under Ohio’s comparative negligence rules. Insurance companies and courts will examine evidence such as dashcam footage, witness statements, vehicle damage, and police reports to determine who contributed most to the crash.
Ohio follows a modified comparative negligence rule, which directly impacts how much compensation you can recover after a merging accident. Under this law:
For example, if you sustain $100,000 in damages but are found 20% responsible for the accident, your recovery is reduced by 20%, leaving $80,000.
It’s important to understand that insurance companies may try to overstate your share of fault to lower payouts. Factors like slight weaving, delayed signaling, or a minor speed adjustment may be unfairly exaggerated. An experienced Ohio car accident lawyer can investigate the circumstances, gather evidence, and negotiate so that your compensation fairly reflects your level of responsibility.
Merging accidents are among the most common types of highway collisions in Ohio, especially in high-traffic areas like Cleveland, Columbus, Cincinnati, and Akron. These accidents often occur because drivers:
Construction zones, on-ramps, and merging lanes with limited sightlines are particularly risky. Even experienced drivers can struggle in these situations, which is why proper documentation and legal guidance are essential after a crash.
If another driver’s negligence caused your injuries, a Cleveland or Ohio car accident lawyer can help you recover compensation for both immediate and long-term losses, including:
A skilled Ohio car accident attorney can assess the full value of your claim, document every loss, and negotiate aggressively with insurance companies to secure a fair settlement.
Taking the right steps immediately after a crash is crucial for your health, safety, and legal rights. Following these steps can protect your case and help ensure you receive the compensation you deserve.
Even minor injuries can worsen if untreated. Getting prompt medical care protects your health and creates an official record of your injuries for your claim.
A police report provides an official account of the accident and is often critical in determining fault. Make sure to request a copy for your records and provide accurate details.
Document vehicle damage, skid marks, road conditions, and traffic patterns. Clear photos can serve as powerful evidence when proving negligence or reconstructing the accident.
Obtain names, phone numbers, and statements from anyone who saw the crash. Witness accounts can help corroborate your version of events and strengthen your claim.
Even casual statements like “I’m sorry” can be used by insurance companies against you. Stick to the facts and avoid any admission of responsibility at the scene.
Consulting an Ohio car accident lawyer before speaking with insurance adjusters or signing paperwork helps protect your rights. An attorney can guide you on the next steps and ensure you pursue maximum compensation.
Following these steps can protect your legal rights and ensure your Ohio car accident lawyer has the evidence needed to pursue maximum compensation on your behalf. Early legal intervention often makes a significant difference in the outcome of your claim.
No. While merging drivers typically have a duty to yield to traffic already in the lane, fault is not automatic. If the other driver was speeding, distracted, tailgating, or driving aggressively, they may share or even carry primary responsibility for the crash.
Yes. Ohio follows a modified comparative negligence rule, which means you can still recover damages as long as you are less than 51% at fault. Your total compensation will be reduced by your percentage of responsibility, but an Ohio car accident lawyer can help ensure the adjustment is accurate and fair.
In Ohio, the statute of limitations for a personal injury lawsuit is generally two years from the date of the accident. Filing within this timeframe is critical, as missing the deadline can prevent you from recovering compensation, even if the other driver was clearly at fault.
It’s strongly recommended to consult a lawyer before speaking with any insurance adjusters. Insurance companies may attempt to minimize or deny your claim by using your statements against you, and an experienced Ohio car accident attorney can handle communications and protect your legal rights.
Determining fault in a merging accident isn’t always straightforward. Insurance companies may blame you — even when the other driver was clearly negligent.
The Ohio car accident lawyers at Kisling, Nestico & Redick investigate the facts, gather evidence, and fight to recover maximum compensation for injured drivers.
Your consultation is free, and you pay nothing unless we win.
Call 1-800-HURT-NOW today or contact us online to discuss your case.