Traffic Accident .. Please Read?

Question

Ok, so yesterday (where there was road construction) .. I was driving in the left lane and the right lane had an arrow up that said "MERGE LEFT" .. so, the lady merged into my lane and hit me!
I'm 6 and a half months pregnant and had to spend 6 hrs. in the ER hooked up to monitors to monitor my baby to make sure he was ok.
The lady said, (and told the police officer) .. she MERGED because her lane said MERGE therefore she isn't at fault??
what the heck?
SHE MERGED INTO MY LANE .. I HAD THE RIGHT OF WAY!
how can she claim that I was at fault?? I was in the lane she MERGED into!
Now, I have to battle it out with the ins. company.
(there is damage to my right passanger side next to the head light and damage at the back of her car on the driver side where she came right into me. she gunned it which caused my car to shake and caused dents and scratches to my car).


any suggestions??

Also,
When she hit my car ... it caused our cars to be lodged together .. and when she came up to my car to get the insurance info. .. I told her I was on the phone with the police and she started screaming at me to move my car! I didn't want to move my car so the officer could see how she hit me .. so she got in her car and threw it in reverse and hit me again!
how could she possibly say I was at fault??

*I didn't receive a ticket .. I was restrained in my car by the paramedics .. I didn't even get to talk to the police.
I'm not sure if she received a ticket or not?
There were no witnesses, it happend around 12 noon and everyone was on their lunch break and didn't stop.
Also,
There were 3 signs showing her lane was closing (there was a big "construction work ahead" sign, then there was a merge sign .. then the picture of two lanes merging) and then at the end there was a big flashing arrow that was pointing left and about 15 cones.

Answer 1

If she came into your lane and hit you, it is her fault. It doesn't matter what any sign said - she is responsible to check her blind spots, etc. You won't have to battle anything out - your insurance company will handle it.

Answer 2

This is her fault. It is her responsibility to check her mirrors, blind spots, etc. before merging, and if cars are in her way, she must yield to them. If her lane ends before she gets over, she must stop and wait for a spot where she can merge. Any sign that says "merge" means you have at least a few feet left before your lane ends--it is not "Merge now or die."

Did she have her blinker on? If she did not, there is absolutely NO way she can get away with this.

She can claim anything she wants, but the fact is that she was in the wrong. She technically owes you the medical fees too.

The one problem you might encounter comes from the fact that the officers did not speak to you, and therefore did not get your side of the story. Call your local courthouse asap, tell them the medical situation, and see if you can talk to an officer or someone else so you can get your side out there.

Answer 3

Merging traffic should yield to through traffic. This is an obvious safety precaution, but is not written in stone. Drivers in both lanes should exercise due caution, so an accident doesn't occur. Technically, you had the right of way, but could the accident have been avoided?. If the other vehicle had been a semi truck, would you have challenged the right of way?. The report has been made, let the insurance company handle it. Luckily no one was injured.

Answer 4

I wouldn't worry about the accident. Worry about the baby. Talk to a lawyer and sign one up...their free to sing up and talk to.
OK, here's the deal. Wait a couple of days, then call or go to the police department and get a copy of the police report. The policeman does necessarily need to talk to you, if it is obvious to him/her that the other person was at fault. Look at the police report. The person/vehicle at fault IS ALWAYS identified as vehicle #1. So, first, look at the physical aspects of the report itself. If you are listed as vehicle #2, your where you should be. If you are listed as vehicle #1, then you'll need to talk to the officer who investigated the accident. You can also call the police department on their non emergency telephone and ask to speak with the police officer. The insurance company for the other person will try to settle the case for the minimum possible. Don't sign anything from their insurance company. Tell your insurance company what happened.
Don't worry about what the other woman said...it is immaterial. For example. I was driving on a 2 lane road. One lane in each direction. I saw a woman backing out of her drive way, and she wasn't looking...just backing. I moved over into the oncoming lane of traffice, she kept coming...I put the left wheels on the side walk on the left side of the street, and she still kept backing up, even though I was blowing my horn, and trying to stop. She backed into me and when the police arrived, she told them, that I hit her. She lost the case in court.

Answer 5

she is at fault. Even if she had a merge sign she still has to look and merge safely. I'm surprised no officers talked to you. You need to contact them so your statement is in the report. The damage you describe is consistent with an unsafe lane change. Your insurance company should not give you any grief.

Answer 6

I think you are getting a upset a little too early. If I took this accident the way you describe it, the other lad would get the ticket, not you. Contact the officer involved, get a copy of the traffic report and find out if she has been charged. Either way, it will be the insurance companies that will battle it out. She will be found at fault by her insurance company even if the officer doesn't ticket her.

Best wishes, and remember that cars are just metal and plastic and can be fixed. Be happy that you and your munchkin are okay.

Answer 7

I would say she is completly at fault. Just because the sign tells you to merge it dosn't mean disregard all other traffic laws like yielding the right of way and checking your blind spot. When you take an on ramp onto an interstate you don't just merge without making sure you have room. If you don't then you stop and wait until you do. Same situation. I say fight it tooth and nail because there is no way you are at fault unless you say her starting to merge and sped up to beat her. How did everything turn out at the hospital with your baby? (33 weeks pregnant myself)

Answer 8

Don't worry, if you didn't get a ticket you should be good. Wait for the accident report to come and take it to the insurance company. You were not in the wrong. I would also talk to the cops that worked your accident about her backing up and hitting you again. That should be considered assault with a deadly weapon (2 counts) or road rage reckless endangerment. Make sure the cops were aware of this before the report gets filed. I am sorry for what happened to you and the baby. Some people don't deserve to drive. I hope you and the baby will be fine.

Answer 9

If she merged where she should have, she shouldn't have hit you.Like say for instance you have to merge into the expressway right? If your going and you can't get on the expressway because of traffic, you have to adjust your speed to get on, if you don't, your in demolition derby mode(wreckless driving), See in your case the driver of the other car should have got a few tickets, improper lane change, wreckless driving resultling in an accident. If they test it, you'll win. I'd sue her anyway, that way you can get civil charges pressed and get a monatary settlement for pain and suffering, and get your bills taken care of. Plus, if you take it to court, your insurance will probably pay for your car damages because they know it's of a higher prioitry since you took the other driver to court.

Answer 10

she can claim anything she wants. based on the officers diagram and report, it will most likely make her at fault. she failed to yield to the right of way. because you lane conditions don't change, you have no responsibility to allow anyone in your lane. due to her lane merging, she needs to make sure she has a safe and sufficient amount of room to merge. the insurance companies will contact you and most likely determine what happened too. i would say don't worry about it....