Most interstate highways are busy with fast moving traffic. Drivers have to concentrate when changing lanes and merging when lanes decrease in number or when entering the highway at an intersection. Accidents are likely to happen whenever drivers fail to drive safely when they maneuver their vehicles amongst the traffic. Interstate merging accidents can lead to serious injuries.
If you have been seriously injured on a Michigan interstate highway like I-94, you may be able to recover the cost of your injuries by filing a personal injury claim. As Michigan is a no-fault state, you may need the help of a personal injury attorney to obtain adequate compensation.
Interstate-94 in Michigan
Interstate 94 is a heavily used highway serving many of Michigan’s urban areas as it passes through the state from west to east. I-94 begins in Montana near the city of Billings and enters Michigan south of New Buffalo. Much of the highway consists of 4 to 6 lanes, but this increases to 10 lanes in parts of metropolitan Detroit.
As I-94 passes Detroit, it runs inland of the Detroit River then terminates in a series of intersections with I-96, M-10 and M-1. It is the constant changes in the number of lanes and intersections which is where merging skills need to be used and accidents are more common.
What to Do If Hit While Merging On I-94
Michigan is a no-fault state for vehicle accidents. That means if you are injured in a merging accident you cannot sue the driver who hit you unless your injuries are quite severe. The problem is deciding just how ‘severe’ your injuries have to be before you have the option of filing a personal injury claim rather than claiming from your own insurance provider. The best advice is to discuss the situation with a personal injury attorney who deals with serious car accident injuries.
If you do go ahead with a personal injury claim, make sure that you do so well before the state’s time limit for claims. This is three years from the date of the injury or only six months if it is a claim against a government agency.
The state also has a modified comparative negligence system which allows a proportion of compensation to be paid according to the percentage of fault of each party in the accident. For example, if it is judged that you were 10% to blame for the accident, then you may get 90% of the claim value. However, if it is determined that you were more than 50% at fault, you will not be allowed to obtain any compensation at all.
Evidence to Gather If Hit While Merging On I-94
It is important to obtain sufficient evidence before submitting a personal injury claim. Evidence must show that a negligent act while merging caused the accident and that this caused serious injuries. Basically, you must be able to prove that the other driver was at fault. This is not always easy, but sometimes an examination of the wreckage can establish what happened. Eye witnesses, photographic evidence and the police report compiled at the scene all help to substantiate your claim.
Don’t forget that you will need documentary evidence of the severity of your injuries, how much these injuries have cost you to date and how much they may cost you in the future. You will also need documentation to show how much you have lost in wages or other earnings because of your injuries.
Hire a Personal Injury Attorney
You will find it advisable to discuss your accident and the possibility of legal action with an experienced personal injury attorney before you decide whether to file a personal injury claim. Your attorney will provide invaluable help if the claim does go ahead. To be connected with a personal injury attorney that may be able to assist you with your claim, fill out the evaluation form on this page.
