The hardest car accident cases to try are he said/she said accidents where there are not natural facts that make one version more likely than another. The classic example of this scenario is lane change/merger accidents. Which car came over into which lane? Even a good accident reconstructionist struggles to be able to put the pieces together. So it often comes down two factors: (1) which version seems more likely (incredibly subjective), and (2) which driver has more credibility (incredibly subjective squared).
According to a Jury Verdict Research study of jury verdicts in these types of cases, the results are what you might intuitively expect: 50/50. The JVR study found car accident plaintiffs win about 48 percent for lane change collisions and 45 percent for merging collisions. The average verdict is $47,807.
We have tried and won these cases. But our firm is going to turn down most lane change or merging crash cases unless there is something compelling that makes us think we are going to win the case. We need two things to move forward in a lane change or merge crash case: (1) a very serious injury (sad but true commentary on the real world), and (2) a client that is extremely credible.