Driver Intentionally Sped Up when I Attempted to Merge and Caused an Accident

[btekle]

So I was driving on a two lane(same direction) street that was merging into one lane after a stoplight. The merge sign is right after the stoplight and right lane drivers have about 20 feet to merge into the left. I also like to add that the left lane was vastly congested due to drivers familiar with that route planning ahead for the merge and staying in the left lane. This was my first time driving this route and I had no clue why the left lane was backed up heavily and the right lane was so free. I figured they were trying to make a left turn so I moved to the right lane well in advance of the stoplight and way before the merge sign is even visible. I pass all of these cars and am stopped behind a couple of cars at the stoplight. I spot the merge sign and I always know that I have to yield to drivers who are already in the left lane until it is safe for me to pass. Anyway, I am in the right lane and I pass the signal light(have about 20 feet to complete the merge) and have room to merge into the left lane. My signal was on as soon as I passed the signal light. As I begin to merge in, In my mirrors I notice the driver behind me intentionally start to speed up(his car jumped forward as he pounded the accelerator). I had already began my merge with about 10 feet of free space and continued. By the time I am 30% into the left lane, he had cut down my 10 feet of space to about -2 feet in space(yes negative, his front bumper was about 2 feet in my rear quarter). There was no way I could have safely slam the brakes without causing a potentially accident. Well I still got into accident, my rear bumper on the driver side(just the corner) hit his front passenger panel near his front passenger tire. Who is at fault?

[That Guy]

So I was driving on a two lane(same direction) street that was merging into one lane after a stoplight. The merge sign is right after the stoplight and right lane drivers have about 20 feet to merge into the left. I also like to add that the left lane was vastly congested due to drivers familiar with that route planning ahead for the merge and staying in the left lane. This was my first time driving this route and I had no clue why the left lane was backed up heavily and the right lane was so free. I figured they were trying to make a left turn so I moved to the right lane well in advance of the stoplight and way before the merge sign is even visible. I pass all of these cars and am stopped behind a couple of cars at the stoplight. I spot the merge sign and I always know that I have to yield to drivers who are already in the left lane until it is safe for me to pass. Anyway, I am in the right lane and I pass the signal light(have about 20 feet to complete the merge) and have room to merge into the left lane. My signal was on as soon as I passed the signal light. As I begin to merge in, In my mirrors I notice the driver behind me intentionally start to speed up(his car jumped forward as he pounded the accelerator). I had already began my merge with about 10 feet of free space and continued. By the time I am 30% into the left lane, he had cut down my 10 feet of space to about -2 feet in space(yes negative, his front bumper was about 2 feet in my rear quarter). There was no way I could have safely slam the brakes without causing a potentially accident. Well I still got into accident, my rear bumper on the driver side(just the corner) hit his front passenger panel near his front passenger tire. Who is at fault?

For starters, you were asked to provide the name of your state, we do ask that for a reason, but since you didn't I'll post a general answer.

Now, in a situation such as the one you describe, and while it maybe true that this was your first time taking that route, but most drivers would assume that your continuing through in the right lane is simply an attempt to cut forward and gain a bit of a distance with less waiting time compared to them having to crawl through only to have you forcefully enter their lane.

Clearly, and to properly merge into the left lane, you were required to signal you intention to change lanes for a reasonable distance as well as yield the right of way to any and all vehicles (all traffic) that was already in that lane until it is safe to merge over. Having your signal on for X number of feet, seeing or not seeing the lane reduction sign, being first, third or fifteenth car at the light, none of that changes the fact that it is your responsibility to merge in a safe manner. If one driver refused to allow you the space you needed, you wait until the next one...

So... While it is clear that you're attempting to suggest that you got hit on (I'll use your description) you "rear bumper on the driver side (just the corner)", the fact that the damage on his vehicle is (again, your description) on "his front passenger panel near his front passenger tire", would lead me to believe that you had contributed to the actual collision in a major way.

If it was totally his fault, or if he had hit you as you've described, then the damage on his vehicle would be shifted a bit more forward and a bit more to the left, maybe somewhere around the front right corner. whereas you damage would more likely be on your left rear quarter panel, or possibly and maybe partly on your left rear corner.

So without seeing pictures, I'd venture a guess and say your damage is probably not on the rear left corner, but more forward than that, more on your rear quarter panel than it is on "the corner". As for his damage, it is more forward or more to the front of the front right tire rather than say... over the front right tire.

Your fault for failing to yield!

[btekle]

Sorry, I wrongly assumed it was a general question. Kansas is the state. And yes you are correct, I should have elaborated on what I meant by "corner". I drive a truck that sits high(nearly higher than his hood), so the damage was minimal on my end but when he jumped in, the rear corner of my bumper scratched(~dented up) just his front panel above his tire. There is some damage on my end that extends over to my my back driver panel and extends to the corner(about 6 inches..keep in mind it was an angle and I sit higher..so eventhough he was ~2 feet in..not all of his car hit me).

And yes I understand he thinks I was trying to cut ahead to the front of pack...but even so, doing that is not illegal, correct? I'm more than confident I was merging safety and following proper protocol. I was already merging into the lane when he sped up ...tried to squeeze in(not sure where because my front end would have prevented him from doing so)and caused the chaos. I looked in the mirror, I had plenty of space...and then I'm already merging in..almost there..then bamm. There are no paint dividing markers on the street so that complicates things. There are also 5-6 witnesses(all behind him and I) that said he intentionally sped up and caused the accident. I Def. thought it was an act of road rage.

For starters, you were asked to provide the name of your state, we do ask that for a reason, but since you didn't I'll post a general answer.

Now, in a situation such as the one you describe, and while it maybe true that this was your first time taking that route, but most drivers would assume that your continuing through in the right lane is simply an attempt to cut forward and gain a bit of a distance with less waiting time compared to them having to crawl through only to have you forcefully enter their lane.

Clearly, and to properly merge into the left lane, you were required to signal you intention to change lanes for a reasonable distance as well as yield the right of way to any and all vehicles (all traffic) that was already in that lane until it is safe to merge over. Having your signal on for X number of feet, seeing or not seeing the lane reduction sign, being first, third or fifteenth car at the light, none of that changes the fact that it is your responsibility to merge in a safe manner. If one driver refused to allow you the space you needed, you wait until the next one...

So... While it is clear that you're attempting to suggest that you got hit on (I'll use your description) you "rear bumper on the driver side (just the corner)", the fact that the damage on his vehicle is (again, your description) on "his front passenger panel near his front passenger tire", would lead me to believe that you had contributed to the actual collision in a major way.

If it was totally his fault, or if he had hit you as you've described, then the damage on his vehicle would be shifted a bit more forward and a bit more to the left, maybe somewhere around the front right corner. whereas you damage would more likely be on your left rear quarter panel, or possibly and maybe partly on your left rear corner.

So without seeing pictures, I'd venture a guess and say your damage is probably not on the rear left corner, but more forward than that, more on your rear quarter panel than it is on "the corner". As for his damage, it is more forward or more to the front of the front right tire rather than say... over the front right tire.

Your fault for failing to yield!

[That Guy]

OK, so to start with the description of the damage on each vehicle... You wouldn't happen to have taken any pictures? Of either your vehicle (which I assume you can still do) or better yet, yours and his? Simply because the more descriptive you get, the cloudier that it gets. Example, we started out with:

my rear bumper on the driver side(just the corner) ...

To sort of suggesting that it is nearly impossible to have had any damage to your bumper (you'll see why I used "nearly" in your quote) simply because:

I drive a truck that sits high(nearly higher than his hood)

There is no such thing as "nearly higher than his hood"! It is either higher or it is lower. And if his damage was on the front passenger side quarter panel, then your bumper (if that was the point of impact) is LOWER than his hood.

And so...

... the damage was minimal on my end ...

"BUT":

... the rear corner of my bumper scratched(~dented up)....

And, not only the bumper, but we also have:

.. some damage on my end that extends over to my my back driver panel and extends to the corner(about 6 inches0...

I'm not sure why you're offering such a vague description... Well, I might have an idea but who am I to judge!

And by the way, while in theory, it would be difficult to imagine how your bumper hit his right front quarter panel, - with your car being angled (at a slight angle to the centerline during your attempt to enter his lane, versus the way his car being in line with the centerline, at a zero angle was likely angle - you have stated that twice, once in each of your posts. Now, if you can get your subconscious mind to convince you of reality, you'll be at fault but you'll be OK...

And again, whether he jumped, hopped, trounced, pranced, slid, rolled or mozied his way forward, he had the right of way... here is the Kansas definition:

8-1458: "Right-of-way" defined.

"Right-of-way" means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.

History: L. 1974, ch. 33, § 8-1458; July 1.

That sure is a convoluted way of defining a 'failure to yield" so think of it this way... In simple terms, "Right-of-Way" is the privilege of the exclusive and immediate use of the highway, street or lane.

If this were real estate, and without having the need to put up a fence, not even a "No Trespassing" sign, he has possession and ownership of that lane as if it were his own piece of land and you cannot and should not under any circumstances encroach upon or enter his land until he passes you (but then it becomes under the control and ownership of the driver behind him) or unless he waves you in.

And I know your next question will be "well, how do I merge in?" And the only answer I can give you is; "certainly not by trying to force yourself in because obviously it did not work this time!"

And yes I understand he thinks I was trying to cut ahead to the front of pack...but even so, doing that is not illegal, correct?

INcorrect. What you did was you "failed to yield"... A quick search of Kansas statutes did not reveal the particular code section you would be cited for... But that does not mean it isn't illegal. Just means I did not find it

I'm more than confident I was merging safety and following proper protocol.

You mean "safely" instead of "safety", but even then.... If you did merge "safely" you would not be here asking questions, would you?

I briefly described "proper protocol" for a lane merge un my last post: "Clearly, and to properly merge into the left lane, you were required to signal you intention to change lanes for a reasonable distance as well as yield the right of way to any and all vehicles (all traffic) that was already in that lane until it is safe to merge over".

BIG emphasis on the underlined part, simply because without that, the whole entire thing is a failure.

I was already merging into the lane when he sped up ...tried to squeeze in(not sure where because my front end would have prevented him from doing so)and caused the chaos.

You have got everything backwards; and in all honesty, I am not sure how long you've been driving, but if this is really descriptive of your understanding of this rule of the road, not only do I wonder what your understanding of other laws is, I am curious as to how many more accidents have you had!!!

He had full possession (and ownership -per our hypothetical-), you had only started to merge over, you saw he sped up and was attempting to prevent you from entering HIS lane -and no, he was not squeezing in - it was you forcing yourself in, this is when you should have backed out. If at that point you were unable to back out because the right lane ended, this was not his fault that you waited that long or that it took you that long to merge over. So if you got stack being a third of the way into that lane and unable to get out, then that is more reason to presume it was all your fault not only for the accident, but the ensuing chaos as well...

I looked in the mirror, I had plenty of space...and then I'm already merging in..almost there..then bamm.

So we went from the left lane being "vastly congested" to you "having plenty of room"?

I, obviously, was not there... And I don't know whether the police were called, whether they issued a police report, whether any one was cited or whether you both have insurance and this will boil down to both companies working everything out between themselves, but here is how I see it. You failed to yield and as such, that was the "Primary Collision Factor (PCF)" and you should have been cited for that violation. The other driver gets none of the blame. had you been fully positioned in that left lane, it would be his fault for rear ending you (PCF would be "unsafe speed" or "following too closely"; the way it happened here, you own all the blame!

There are no paint dividing markers on the street so that complicates things. There are also 5-6 witnesses(all behind him and I) that said he intentionally sped up and caused the accident. I Def. thought it was an act of road rage.

Whether there were dividing dashes, or not, I can only assume that when congested, the traffic pattern is clearly defined, the way you did described it in your first post, it was obvious that the lane ended at some point, that traffic was backed up in the left lane... And we all know how some people are cordial and would allow you the merge, while others will speed up to prevent you from doing so.

As for your witnesses, think of it this way.... His speed, had ZERO (or VERY little) impact on the accident.... The reason this accident happened is because two cars were trying to occupy the same space at the same time. Physically impossible! So while he was simply exercising his right to move through that lane freely and without obstruction, you were trying to force yourself in his place without permission!

Lastly, insurance companies may/may not follow the normal standard procedure a police report, (as an example) will follow as a far as assigning fault or allocating blame... I still am not clear on the purpose of your inquiry. So... I'm just saying!