In California, if a driver merges without checking their blind spots and causes a collision, they are generally considered at fault for the crash and may be held liable in a personal injury case. This is a common scenario that often involves unsafe lane changes, sideswipe collisions, or rear-end impacts, depending on how the merging maneuver was executed.
⚖️ Legal Grounds for Liability: Unsafe Merging in California
1. California Vehicle Code § 22107 – Unsafe Lane Change
This code requires:
“No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and only after giving an appropriate signal.”
Failing to check blind spots or mirrors before merging violates this law, and can result in a finding of negligence per se—presumed negligence due to violation of a traffic law.
2. Negligence and Duty of Care
All drivers have a duty of care to operate their vehicles responsibly. Merging without properly checking blind spots, signaling, or ensuring the adjacent lane is clear is a breach of that duty.
To win a personal injury case, the injured party must show:
- The defendant had a duty of care
- The duty was breached
- The breach caused the collision
- The collision caused damages (injury or loss)
3. Comparative Fault
California follows pure comparative negligence, meaning:
- More than one party can share responsibility.
- If the merging driver was mostly at fault but the injured driver was also speeding or distracted, liability may be split (e.g., 80/20).
- The injured party can still recover damages, but they will be reduced based on their share of fault.
📄 Evidence to Prove Fault in a Blind Spot/Merging Collision
- Dashcam footage from either vehicle
- Witness statements from passengers or other drivers
- Police report noting unsafe lane change or citation
- Photos of vehicle damage, particularly side impact zones
- Skid marks or debris indicating direction of movement
- Traffic or surveillance footage, if available
💰 Recoverable Damages
Victims of unsafe merging accidents may recover:
- Medical expenses (immediate and ongoing)
- Lost income
- Pain and suffering
- Vehicle/property damage
- Loss of earning capacity
- Emotional distress
⏳ California Statute of Limitations
- 2 years from the date of the injury for personal injury (Cal. Civ. Proc. Code § 335.1)
- 3 years for property damage
- 6 months to file a claim against a government agency, if applicable
✅ What to Do After a Blind Spot/Merging Accident
- Call 911 and seek medical help.
- Request a police report at the scene.
- Take photos of the vehicles, road conditions, and damage.
- Collect witness information and record statements, if possible.
- Save dashcam footage or vehicle telematics data.
- Contact a personal injury attorney to assess your case.
Law Offices of James R. Dickinson – 909-848-8448
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