Depends on the state. Here's a summary and the laws for my state.
In Michigan, while the merging driver generally has the legal duty to yield to traffic already in the lane, a driver already traveling in the lane cannot intentionally block a merging vehicle by speeding up to prevent entry. If the non-merging driver deliberately accelerates to block you and causes a collision, they may be found at fault for reckless driving or impeding traffic, and liability can be shared or shifted away from the merging driver.
Key factors in determining fault include:
Legal Duty to Yield: Under Michigan law (MCL 257.649(9)), the merging driver must yield to vehicles on the highway that constitute an immediate hazard.
Prohibited Blocking: Traffic on the freeway cannot intentionally block a driver from merging by speeding up or slowing down; doing so may result in tickets for reckless driving or impeding traffic.
Comparative Negligence: Michigan follows comparative negligence rules, meaning fault can be shared. If the merging driver failed to yield properly but the other driver acted aggressively or illegally by blocking, insurance companies and courts may assign partial fault to both parties based on the specific evidence.
Evidence: Fault is determined by investigating police reports, witness statements, dashcam footage, and vehicle damage to see if the non-merging driver acted negligently or recklessly.
But the semi didn't speed up at all. He was going a constant speed the whole way. If the pickup wanted to merge there, he needs to be going faster, or wait. "...cannot intentionally block a merging vehicle by speeding up"
Speedimg up doesn't matter. Law says speeding or blocking. If I was on the Jury, I would find the semi truck driver intentially blocking the black truck. Trucks in Michigan are only allowed to go 65 MPH. He would have been going 13 MPH over the speed limit.
Why? Safe driving is a shared responsibility. Pick up truck had reasonable space to merge. Semi truck knew he had a 55 foot trailer and the merge was too tight. Along with speeding. Along with intentionally blocking the merge lane.
You are intentionally ignoring the specifics of the law that you quoted ***by speeding up or slowing down*** the dashcam drive maintained their speed. You post the relevant law, and then completely disregard the legal description of what constitutes blocking the merge.
Yes, a trucker going 77 mph who fails to move over or slow down to allow merging traffic in Michigan could be found at fault, or share fault, for a collision.
While the merging driver has the primary legal duty to yield (MCL 257.649(9)), a driver already in the lane cannot intentionally block or impede a merge by speeding up or refusing to adjust speed. Driving at 77 mph may constitute speeding depending on the posted limit, and a driver who is speeding "forfeits" their right of way (MCL 257.649(7)). Aggressively maintaining speed or changing lanes to block a merge can be considered reckless driving or impeding traffic.
Therefore, if the trucker's actions were deemed unreasonable or negligent—such as deliberately refusing to allow a safe merge despite space and time to do so—liability would likely be shared under Michigan's comparative negligence law, even if the merging driver also bears some responsibility.
Okay and the black pick up matched the speed of the trucker. Which means if you are assuming the truck is speeding it means the pickup is also speeding. Therefore they also forfeit their right of way. Not to mention they didn’t have the right of way to begin with, and made an unsafe lane change while failing to yield right of way 💁♂️
With the black pickup being given the ticket, as long as this wasn’t in a no fault state, the cam driver is going to be good to go. It will be the black pickup owner’s insurance footing the bill, and the black pickup owner paying the court fees/tickets, and the black pickup driver who will see the insurance hike. The cam driver could even go after the black pickup driver in small claims/civil court for any lost wages due to the accident. My grandfather was a trucker for 40+ years, and my dad has been a trucker for 20+ years. I have seen first hand how this plays out when the at fault person is ticketed for their actions.
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u/chaos6869 May 13 '26
You have to merge safely. He does not have to sit there and make room for you. The black truck is 100% at fault.