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If there was an accident with 2 cars merging on the interstate, who's at fault?
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If there was an accident with 2 cars merging on the interstate, who's at fault?

This is a hypothetical question. If Car A is ahead of Car B in the merging lane and if Car B merges first and guns the gas to get ahead of traffic and doesn't let Car A in and both cars collide, who's at fault? I'll appreciate answers from those who work in insurance or law enforcement.
Additional Details
And what if the acceleration lane is long?


    




mbrcatz
Rating
Depends on where the damage is. Once car B is entirely in that lane to the left, he then has the right of way to that lane, even if car A was "in line" first. So if car B did pop all the way over first, and car A merged in, this is car a's fault.

So, I'm with you.

HOWEVER. If you popped over to that left lane, BEFORE the "merge zone", then car A had a "reasonable belief" that you were still behind them.

Bottom line - it's going to depend where on the body of car b, the damage is. If it's ONLY to the side of the vehicle, and the side of car A, then car A is going to be at fault. But if it's either the rear corner of car A, or the front corner of car B, then car B is going to be at fault.

Also, Car B is definately driving to endanger in this situation. So regardless of fault, if car b does this often enough, he's going to CAUSE quite a few accidents, even if he doesn't take the actual legal BLAME for it. Shame on car B. Drive nice.


Tuff D
Generally, the merging car has to be the more cautious one. However, my rule (which I think only I abide by) is if i'm on the highway and I see merging cars then i'll move over one lane to let the other cars in safely. If i can't move over then i'll try to position myself ahead or behind the merging car. If i'm merging then i try to get up to speed and get ahead of a right lane car or move in behind it without disrupting their flow.


Marc
It is required that the vehicle merging onto the interstate would need to yield to any traffic already on the roadway.


CathyC
Rating
Car B will be at fault. Leadfoot should have waited until Car A was already merged in with traffic before proceeding to merge. Any vehicle who does not "let in" or tries to "block" another vehicle (for whatever reason) will always be at fault. Driving is not the Daytona 500 - it is a privilege.


calipink22
Car B is at fault because you cannot legally merge onto the highway until you're out of the acceleration zone or on-ramp to the highway.


entidtil
Both at fault. One for merging too slow and one for merging too fast. I would guess though that most of the blame would be assessed to car b. As a frequent merger, myself, I'm usually the car "b" but when I pass car a I'm taking a foolish risk and I know it. We all should take our turn. Because car a is ahead of us, we should wait for him to merge before merging ourself


ichyedad
Rating
I believe car b would be at fault for unsafe driving. However, third party witnesses would be helpful in giving the investigators a true picture of how the accident happened.


maxinebootie
Rating
"B" would be at fault and would get a citation from the officer in the "C" (for cop) car.

As for the acceleration lane, most fellows will claim that length doesn't matter.





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