There’s a widespread assumption among drivers that the vehicle already on the highway is required to move over and slow down for merging traffic. In Michigan, however, the law says otherwise. Per state statute, the driver entering the roadway from a merging highway or on-ramp must yield the right of way to vehicles already traveling on the road and adjust their speed to merge safely.
Since merging accidents are a common source of serious injuries on Michigan highways, learning about how fault is determined in these crashes is important for anyone who has been involved in one. Read on to learn more, including when you should call a Sterling Heights car accident lawyer for help.
What Does the Law Say About Improper Merging?
MCL 257.649(9) is the statute that governs merging situations in Michigan. It applies when a vehicle approaches a highway from an intersecting road that is designed and marked as a merging point. The merging driver has a legal duty to yield and to adjust their speed so they can enter the flow of traffic without creating a hazard.
Failing to yield while merging is classified as a civil infraction under Michigan law. A driver who is cited for this violation can face:
- A fine of up to $100 plus court costs
- Two points added to their driving record
- Potential liability in a personal injury lawsuit if the violation caused an accident
Failure-to-yield crashes remain one of the most common types of accidents on Michigan highways when it’s all said and done. A car accident attorney can use evidence of these violations to help establish fault in your case.
Who Is at Fault in a Merging Accident?
In most merging accidents in Michigan, the driver entering the roadway bears the majority of the fault. The law places the duty to yield squarely on the merging driver, and a failure to do so is typically treated as the primary cause of the crash.
That said, fault is not always one-sided. There are situations where the driver already on the highway may share responsibility for the collision:
- If they were speeding at the time of the crash, they may have forfeited their right of way under state law
- If they deliberately accelerated or refused to make room in an effort to prevent the merge
- If they were distracted or otherwise driving negligently when the merging vehicle entered the lane
Michigan follows a modified comparative negligence law as well, which means you can still recover compensation as long as your percentage of responsibility stays below 51 percent. Below it, your total damages are reduced by whatever share of blame is assigned to you. Note that this law applies generally only to claims against the other driver, not against your no-fault PIP insurance coverage.
Your car accident lawyer can help prove that the other driver bears the greater share of fault and maximize your recovery.
Schedule a Free Consultation With a Car Accident Attorney in Michigan
Merging accidents can result in serious injuries and complicated fault disputes. If you were recently involved in one of these crashes, one of the best things you can do is set up a free consultation with a car accident lawyer who can evaluate the facts of your case and advise you on your legal options.
Contact a Sterling Heights car accident attorney at Khamo Law today to get started with your case at (248) 466-0606. We’ve recovered tens of millions of dollars for our clients to date and will work just as hard on your behalf.