In California, failing to yield when merging onto the freeway can create dangerous situations and may lead to personal injury liability if a collision occurs. When a merging driver does not properly assess the flow of traffic and causes an accident, they are often found at fault for negligence.
⚖️ Legal Framework: Merging and Yielding Duties in California
1. California Vehicle Code § 21804 – Entry onto Highway
“The driver of any vehicle about to enter or cross a highway shall yield the right-of-way to all traffic… so close as to constitute an immediate hazard.”
This includes freeway on-ramps. A driver merging must:
- Yield to traffic already on the freeway
- Merge only when it is safe and prudent
- Use proper signals and speed to integrate smoothly
Failing to yield in these scenarios is often considered negligence per se—a violation of a statute that directly causes harm.
🚗 Common Accident Scenarios Involving Merging
- Merging driver forces freeway traffic to brake or swerve
- Sideswipe or rear-end collision caused by sudden lane entry
- Chain-reaction crash in congested conditions
- Merge from an acceleration lane without building enough speed
In each of these, the merging driver may be fully or primarily liable.
🧩 Comparative Negligence in California
California follows pure comparative fault (Civ. Code § 1431.2):
- If both drivers are partially at fault (e.g., the freeway driver was speeding), each is responsible for their share
- A partially at-fault injured person can still recover damages, reduced by their percentage of fault
📄 Key Evidence to Establish Liability
- Dashcam footage showing the merge and collision
- Traffic camera video
- Witness statements
- Police report noting fault or violations
- Expert accident reconstruction
💰 Damages Recoverable in a Personal Injury Case
If the merging driver’s failure to yield caused an injury, the victim may recover:
- Medical expenses
- Lost wages
- Pain and suffering
- Vehicle/property damage
- Loss of earning capacity
- Emotional distress
In some extreme cases involving reckless conduct, punitive damages may also be considered.
⏳ Statute of Limitations
- 2 years for personal injury claims (Cal. Civ. Proc. Code § 335.1)
- 3 years for property damage
- 6 months for claims against public entities (e.g., Caltrans)
✅ What to Do After a Merge-Related Crash
- Call 911 and get medical help if needed
- Request and retain the police report
- Take photos and videos of the vehicles and accident scene
- Gather witness information
- Preserve any dashcam or surveillance footage
- Consult a personal injury attorney
Law Offices of James R. Dickinson – 909-848-8448
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