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traffic law experts?

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  • #16
    Basically when someone is trying to merge, atleast around here, the merging party must always yield to the traffic already flowing in the established lanes. Even though there isnt always an official Yield sign, its part of the law here. However if you were to cause an accident by not giving up your lane, you could definatley be liable at some part atleast especially if you had room to slow down and let them infront. Now if there were cars on your bumper AND on both sides of you and in front you..you'd have more of a case should it ever go to court.

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    • #17
      Failure to reduce speed to avoid an accident and if witnesses said that you were simply being an ass and not letting the guy in, then a road rage ticket is also a possibility.

      Merging is done by BOTH parties. The one merging and the cars in the lane being merged into.

      It ticks me off when someone busts ass up to the front of the line to get in too, but taking matters into your own hands (which is what you are doing by refusing to allow him to merge) is only going to get YOU a ticket or two.

      Failure to reduce speed to avoid an accident means that the accident was preventable and you did not take the required action to do so. IE: by simply slowing down and allowing the guy to merge, the accident could have been avoided.

      It's highly unlikely that the merging driver would get a ticket at all UNLESS at the end of the lane there was a YIELD sign. In that case he would be ticketed for failure to yield right of way. Merging, however, does not imply either driver having right of way... Only that the law trusts people not to be assholes on either side of the line.

      My current ride of choice

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      • #18
        Originally posted by Kanati
        Failure to reduce speed to avoid an accident and if witnesses said that you were simply being an ass and not letting the guy in, then a road rage ticket is also a possibility.

        Merging is done by BOTH parties. The one merging and the cars in the lane being merged into.

        It ticks me off when someone busts ass up to the front of the line to get in too, but taking matters into your own hands (which is what you are doing by refusing to allow him to merge) is only going to get YOU a ticket or two.

        Failure to reduce speed to avoid an accident means that the accident was preventable and you did not take the required action to do so. IE: by simply slowing down and allowing the guy to merge, the accident could have been avoided.

        It's highly unlikely that the merging driver would get a ticket at all UNLESS at the end of the lane there was a YIELD sign. In that case he would be ticketed for failure to yield right of way. Merging, however, does not imply either driver having right of way... Only that the law trusts people not to be assholes on either side of the line.
        so the mergin car failed to reduce speed to avoid an accident. they would get the same ticket.
        03 katanika

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        • #19
          Do what I do.... follow the law of the jungle. The strongest (in this case heaviest) vehicle wins. Car beats bike, Semi beats car, etc. Forget about rights and wrongs, if a cager knocks us from the side, not much is gonna happen to him.

          It's not about tickets, it's about keeping your bones intact.
          Once you can accept the universe as being something expanding into an infinite nothing which is something, wearing stripes with plaid is easy.
          - Albert Einstein

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          • #20
            My understanding, at least according to Indiana law is that the vehicle already in the lane and in traffic has the right of way and the person attepting to join the flow of traffic must adjust their speed to merge in.

            As I recall it is even in the manual for the written driving test as a practice question asking what you do when a vehicle entering the highway is your lane.
            A) slow down to let them in front of you.
            b) speed up to let them behind you.
            c) maintain your speed and lane.
            d) change lanes to allow them in.

            With the correct test answer being that you maintain your speed and lane and the vehicle entering traffic must adjust their speed to merge.

            You are not required to slow down or allow them to merge in front of you. They are the one entering traffic and they are the ones who must adjust to meet traffic conditions and speed. Unless it's the presidential motorcade itself or GOD driving a Lexus, no other dirver has more right than you do on the road and their presence does not immediately require you to move for them. Yes it's the nice thing to do, and yes if you do nothing to avoid an avoidable accident you will get the fines and fault (or most at fault in the 70/30 range). But, and again this is in Indiana, a merging vehicle is no different than a vehicle entering your right of way from an intersection. They cannot legally hinder your travel or position permitting you are maintaining your vehicle within the law (lane and speed).

            All that said..... and I scream this out the window when people try to force in or other people don't let them in.
            It works like a big zipper!!!! If people would stop worrying about getting home a whole 12 seconds earlier and just let one guy in front of them traffic would move smooth and everyone would get home sooner, but no, everyone has to play prick and not let someone in, or run right up their ass and then brake to cause the guy behind them to brake and the chain effect stops traffic 100yds back because all they see is brake lights and panic. GRRRRRRR!!
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            • #21
              Dont forget, you can get a hefty fine too for not allowing a funeral procession, to have the right of way in any circumstance.

              That sounds pretty much the same in PA as it does there Jim.

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              • #22
                so the mergin car failed to reduce speed to avoid an accident. they would get the same ticket.
                It's definitely possible for all parties in an accident to recieve that ticket. It's kind of a catch-all ticket that cops can give when they don't know what else to cite you for.

                Unless it's the presidential motorcade itself or GOD driving a Lexus,
                God drives a lamborghini... VISHNU drives a Lexus.

                My current ride of choice

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                • #23
                  now if you were driving and had tons aroom behind you there should be no reason to get a ticket for not slowing down if tehy guy had ample warning the road ended

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                  • #24
                    In Louisiana, the one in the lane ending has to adjust his speed to get into traffic, or he is guilty of Failure to Yield.

                    I can't speak for every state, as traffic laws vary to an incredible degree from state to state, but in Louisiana, it falls under Louisiana Revised Statute 32:IV Subpart D.

                    As some of you may guess, I'm a cop, and if I were to witness someone barreling their way into traffic from a lane that was ending, and said lane was adequately marked to that effect - and there was a crash, then I would without a doubt cite the driver who was coming from the ending lane for Failure to Yield to oncoming traffic.

                    The operational principle here being that the driver in the ending lane is running out of road. Legally speaking, he's got to make sure that he doesn't interfere with the smooth flow of traffic in the same way that he would if he was coming out of a driveway or merging into traffic from an entry ramp.

                    Now, granted, it doesn't feel like that to either party usually...it sort of feels like an "every man for himself" situation, where driver courtesy is expected to be (and often is) sufficient.

                    Failing courtesy, though, the driver who is imposing on established traffic flow (ie. the one in the ending lane) has the responsibility to not cause an accident.
                    When the power of love overcomes the love of power, the world will know peace. - James Marshall Hendrix

                    If you're not part of the solution, you're part of the precipitate.

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                    • #25
                      Originally posted by Sixpoint
                      In Louisiana, the one in the lane ending has to adjust his speed to get into traffic, or he is guilty of Failure to Yield.

                      I can't speak for every state, as traffic laws vary to an incredible degree from state to state, but in Louisiana, it falls under Louisiana Revised Statute 32:IV Subpart D.

                      As some of you may guess, I'm a cop, and if I were to witness someone barreling their way into traffic from a lane that was ending, and said lane was adequately marked to that effect - and there was a crash, then I would without a doubt cite the driver who was coming from the ending lane for Failure to Yield to oncoming traffic.

                      The operational principle here being that the driver in the ending lane is running out of road. Legally speaking, he's got to make sure that he doesn't interfere with the smooth flow of traffic in the same way that he would if he was coming out of a driveway or merging into traffic from an entry ramp.

                      Now, granted, it doesn't feel like that to either party usually...it sort of feels like an "every man for himself" situation, where driver courtesy is expected to be (and often is) sufficient.

                      Failing courtesy, though, the driver who is imposing on established traffic flow (ie. the one in the ending lane) has the responsibility to not cause an accident.
                      It's not oncoming traffic, so it would just be Failure to Yield Right-of-way.
                      -Tiny

                      '05 Katana 600

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                      • #26
                        Originally posted by Sixpoint
                        In Louisiana, the one in the lane ending has to adjust his speed to get into traffic, or he is guilty of Failure to Yield.

                        I can't speak for every state, as traffic laws vary to an incredible degree from state to state, but in Louisiana, it falls under Louisiana Revised Statute 32:IV Subpart D.

                        As some of you may guess, I'm a cop, and if I were to witness someone barreling their way into traffic from a lane that was ending, and said lane was adequately marked to that effect - and there was a crash, then I would without a doubt cite the driver who was coming from the ending lane for Failure to Yield to oncoming traffic.

                        The operational principle here being that the driver in the ending lane is running out of road. Legally speaking, he's got to make sure that he doesn't interfere with the smooth flow of traffic in the same way that he would if he was coming out of a driveway or merging into traffic from an entry ramp.

                        Now, granted, it doesn't feel like that to either party usually...it sort of feels like an "every man for himself" situation, where driver courtesy is expected to be (and often is) sufficient.

                        Failing courtesy, though, the driver who is imposing on established traffic flow (ie. the one in the ending lane) has the responsibility to not cause an accident.
                        its sad but i deal with this situation Every day. on the way home from work theres a section of road that goes from 2 to 1 lane. its clearly marked but its right after an intersection with a light. either traffic lines up at the light in both lanes, then fights each other for the lane. or the light is green and a flood of cars going 50mph fight for the lane at speed.

                        every single day the people in the lane ended act as if they have the right of way. they seriously think they do have it too. just the other day(in the car) im going along in the lane that does Not end. i have a big truck in front of me and a semi behind me. im following the truck close enough to make it clear theres no room for a car to slip into, leaving plenty of room to be safe. the semi is riding my bumper though. theres a car in the other lane, his front bumper is about even with my rear wheel. i know he wants to get in front of me i can just feel it... it gets to the point where the lines in the road form one lane and the road is narrowing. hes still right along side me! he made no attempt to slow down at all. then he starts to drift over on my hes inchs from my car. i have no where to go i cant speed up and i cant slow down. so he guns it and tries to pass me! theres no room between me and the truck in front(2 sec gap) and the car passing me is slow as hell. he manages to get his bumber in front of me then starts to just drift right over!

                        at that point im pissed the guy is seriously endangering my life with his driving. so i dont slow i keep my speed matched and let him get as close as he wants, it was a brand new bmw vs my 87 supra a few scratches wont matter much to me. i know i got good insurance, he prolly does to if he can afford that car. so we are now sharing a lane doing 45-50 around a turn in traffic!! he finally runs outa road and ends up in the dirt and i keep going with the trucks.

                        i wish a cop would sit at that section of the road and start writing off some tickets. speeding, lane changes etc it would be a field day.
                        03 katanika

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                        • #27
                          if situations like these....

                          if i'm on the bike, I'll get out of the way... and then kick their door a nice kick as I pass by further down the road. it's not worth getting smashed between cars to make a point, but you can't just let them get away with it.

                          if i'm in the cage, i don't budge, and i'll even go as far as to keep speeding up just to make sure they can't get in front of me. i get so sick of cell phone totin socker mom's in there escalades trying to run people over on their way to starbucks.
                          I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death. - George Carlin

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                          • #28
                            I had a guy go up against my 80,000 lb. rig in a situation similar to this. It was in Philidelphia. Bumper-to-bumper traffic and I was in the right lane. There was an entrance ramp and a line of cars, probably 4 or 5, came down the ramp and filled up the following distance I'd allowed between me and the car ahead. Once this distance was filled, I shut the gate.

                            Well, this guy in a Chevy Caprice woodside wagon thought he could scare me into letting him in. He pressed and pressed but I held my line. Finally, he hit my right side steer tire with the side of his new wagon. Well, the wheel studs did their work. They chewed up the whole side of this idiot's car.

                            Laughing, I pulled over, holstered the Glock and got out of the truck. He met me screaming, "Why didn't you let me in!?!! You have to yield!!."

                            I said, "No, merging traffic has to yield."

                            He says, "Maybe in North Carolina, but here in the 'big city', blah blah blah...." and went on to insult me, my driving, and where I was from.

                            I pointed at the Yield sign at the top of the ramp and said, "Mister, I have driven in every metropolitan area, both major and minor, on the continent and in every single one a "Yield" sign means yield. Let's let the cops decide."

                            He didn't stick around much past that. He got in his car and left vowing to call my company and get me fired. Never heard from him again.

                            Law? Merging traffic must yield.
                            Right answer? Avoid any accident you can.

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                            • #29
                              just had it happen today... different road, lanes merning im in the lane that doesnt end. a pickup is right next to me and then last second he guns it. trys to get ahead of me but doesnt come close then just drifts over. i hold my line lay on the horn. he slammed his brakes when he couldnt get ahead of me. i spit at him... he had his window down
                              03 katanika

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                              • #30
                                Originally posted by katana bob
                                if someone needs to merge I'll usually let them in hoping they'll pay it forward sometime. I will however cause an accident to prevent the arsehole that has to race up to the end of the lane and merge at the last second from getting in. I've even moved half my truck into the mege lane to prevent this. really pisses them off.
                                i love doing that!

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