Who would be at fault?

Question

I was entering on a highway that was moving very slowly due to congestion. There was an open space that was about three car lengths in size.

I check my blind spot and merged into traffic when the guy behind me sped to block me out. I swerved to the right, but we still made contact.

Who would be at fault? I can understand if I just merged into him without looking, but the guy sped up to block me. Wouldnt he be atleast somewhat negligent for the accident?

He was on the highway.

I understand the yielding to traffic, but when traffic is at a crawl, I would be yielding forever.

There was room for me to get in, but I guess he didnt want me cutting in front of him.

I guess I understand that the accident is partially my fault, but I just feel that he too was a factor as I would have been on safely if he didnt speed up to block me out.

I wouldnt have merged over if I knew he would do that.

Answer 1

By the "guy behind you", do you mean another guy who was also merging and decided to take the open spot and then block you from staying in front of him as you both merged,or was the "guy behind you" on the highway already and out of the two of you, you were the only one merging?
In the former case, he would be at fault, in the second case you would be.

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Edit:
I didn't realize the traffic was at a crawl. In that case what he did wrong is legally called "failing to mitigate" and it WOULD put him at fault if he literally sped up from a crawl to block you and disallow the "already underway merge". You should claim that his speeding up was not "reasonably forseeable to you" and that "it shocked you when contact happened" and that "the way he unconscionably sped up, it looked like he was trying to hit your car on purpose". The only problem is providing proof, because he can easily deny it. Use the four phrases I have in quotes, because those are the buzz words in your defense that would get you off the hook.
3 things will work against you:
1) If you don't have any witnesses.
2) the police report doesn't reflect your situation
3)or he denies all of this. Then it will be your word against his and then it won't look so good for your case.
Good luck to you

Answer 2

Did you use your turn signal? I would think it would be totally his fault.

I looked it up. Here is what the law states in the state of Michigan (read the last sentence):

Question: When merging onto a freeway who has the right-of-way?

Answer: MCL 257.649(7) governs this question. A driver entering a roadway from a roadway that is intended for and constructed as a merging roadway, and is plainly marked at the intersection with the appropriate merge signs, shall yield the right-of-way to traffic upon the roadway that is so close as to constitute an immediate hazard and shall adjust their speed to enable them to merge safely with through traffic. Simply put, a driver merging onto a freeway must yield to traffic upon the freeway. It must be noted that traffic on the freeway cannot intentionally block a driver from merging by either speeding up or slowing down.

I would assume that other states have similar laws.

Answer 3

He could have avoided contact by yielding to you but you were cutting in on him so you will most likely get the blame. Sounds like a little bit of road rage on his part but I think you will get the traffic ticket and he will get a scolding.

Answer 4

It doesn't make any difference if you live in a no-fault state. Look at the police report and see what it says.

Answer 5

should be his fault, but you will probably get the shaft on it