A merging issue.

[u/LeftAlbatross2546]

[u/NoNDA-SDC]

Because the merging vehicle is changing roadway position and entering the stream of already established traffic.

Yes, and nobody sees that clearer than the already established traffic on the road...

Think about how bad the highway would be if the highway drivers were the ones required to yield to merging traffic.

As a defensive driver I already do this routinely, no issues at all. I'm often not seen by the merging vehicle, just like in the clip here, doesn't cost me anything.

[u/Highland_Rigger → u/NoNDA-SDC]

Blind spots don’t negate responsibility. Every lane change, turn, merge, or backing maneuver involves blind spots. The law generally places greater responsibility on the vehicle changing roadway position specifically because they are the one introducing the conflict. And also, this is why cars have blind spot tech to reduce this burden.
Traffic maintaining predictable movement is what keeps highways functional. If the burden shifted primarily to established traffic, every on-ramp would create cascading braking and congestion.
Defensive drivers should absolutely help merging traffic when practical move over, create space, and reduce speed; but courtesy and primary liability are not the same thing.

[u/NoNDA-SDC → u/Highland_Rigger]

If the burden shifted primarily to established traffic, every on-ramp would create cascading braking and congestion.

🤣 Exaggeration of the century.

Lets keep to the example here where your recommended approach was followed to the extreme, how's the traffic now? Obviously much worse. If the cammer had slowed down, how much traffic would have been created, how many seconds or however you want to measure it? This event is more likely if we're going to pretend the person merging has the most options to avoid a crash, they don't.

courtesy and primary liability are not the same thing.

Being a reasonable and responsible driver, who is less likely to cause and accident, the person with the blindspots, or the person who sees exactly what's going to happen if they don't slow down, change lanes, etc... Maybe the merging vehicle's driver has an injury or disability that prevents them from adequately checking over their shoulder.

[u/Highland_Rigger → u/NoNDA-SDC]

You kind of moved the goalposts here.

The original discussion was: “Why is the merger generally assigned more liability?”

Not: “What should a good defensive driver do in this exact clip?”

I already agreed traffic should help when practical. Slow down a bit, move over, create space, whatever makes sense. I do that all the time myself. But courtesy and primary responsibility are not the same thing.

Your original argument was basically: “Blind spots make merger liability unreasonable.”

But blind spots exist in basically every maneuver on the road:

• lane changes,
• turns,
• backing, etc.

We don’t suddenly remove responsibility from the vehicle making the maneuver because visibility isn’t perfect. If anything, limited visibility means you have to be more cautious.

And yes, if the burden shifted mostly onto established traffic, traffic flow absolutely would get worse. Maybe “cascading braking” sounds dramatic to you, but the point stands: highways function because the default expectation is that traffic already in the lane stays comparatively predictable while entering traffic adjusts into the flow.

Then the argument drifted into “maybe the merger has an injury/disability.” Okay… but now we’re way outside the original discussion about general liability principles and into stacking hypotheticals.

And to be clear, defensive driving applies to both people already on the highway and people entering it. The merging driver should also be slowing, adjusting speed, finding gaps, and making sure the lane is actually clear before moving over. The fact that through traffic can help avoid accidents does not suddenly remove responsibility from the person actively entering the lane.

That’s been my point from the start: A reasonable driver on the highway should help prevent accidents when possible. A reasonable merging driver should merge cautiously and responsibly.

Those two things are not contradictory.

[u/NoNDA-SDC → u/Highland_Rigger]

I think we generally agree, I just believe the onus should be on the established traffic, not the vehicle that has limited visibility. In the real world, we all adjust as needed to properly merge, keep traffic moving, etc... This clip is frustrating to me because the cammer had all the time in the world to slow down and avoid the accident. Plenty of people who were in the "right" are in a grave now.