Does a car merging into traffic have the right of way over traffic currently in that lane?

Question

Two lanes of traffic traveling the same direction. The right lane is a parking lane except for certain high traffic hours. It is the very beginning of the restricted parking. The vehicle in the right lane sees a parked car and moves into the left lane hitting the right front fender of a vehicle already traveling in that lane. Driver of the vehicle in the left lane belives it is a shared responsiblity for the damage. Driver of the vehicle in the left lane believes the driver of the car that merged is at fault. What would an insurance investigator or a police investigator say?

Answer 1

the car that is merging would be 100% at fault for this.  He did not make sure his path was clear before changing lanes.

the other car did nothing wrong, he was just driving along in his own lane.

The merging car has to signal with turns signals, then make sure there are no cars in the way.  its the same as if you were on a highway, if you switch lanes and hit someone its your fault.

Answer 2

the investigator or police would automatically place blame on the driver who pulled into the oncoming vehicle (the one in the left lane).

You always must yield the right of way to oncoming traffic.  if someone is stopped in your lane you still must slow down and stop if necessary before changing lanes.  Also you must signal any intent to change lanes.  Anytime you change lanes and two vehicles collide, the vehicle who moves out of his lane into another is at fault.

Answer 3

The driver in the right lane is at fault because very simple that driver pulled into oncoming traffic..............

Answer 4

the merging car never has the right of way.

Answer 5

No, it is your responsibility to merge safely into traffic. Don't count on other drivers letting you in & making room for you. Traffic currently in that lane has the right of way.

Answer 6

The cars traveling on the highway would have the right-of-way. Merging onto a freeway is basically the same as having a yield sign there. The driver merging must wait for a clear lane. Of course many people already on the road will move over if clear to prevent accidents from happening.

Answer 7

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Answer 8

Very simple answer, no you do not have the right of way.

Answer 9

The driver in the right lane (the one who is doing the merging) has to signal his intent, wait for a break in traffic, and then merge. If it was a marked merge lane, where you have one arrow pointing to the other lane and a sign that says 'MERGE' then cars in the left hand lane MUST allow one vehicle in ahead of them - in other words, the two lines flow smoothly together with one vehicle from each lane flowing into the common lane - just as you do at an on-ramp.