When merging on the freeway, who has the right of way?
Actually it depends on which state you’re in. In California, most drivers, and even some CHP officers, mistakenly invoke section 21804(a)CVC to say that the merging vehicle has to yield. They say this because the section states that any driver “about to enter a highway” must yield to any vehicle already on that highway that is close enough to constitute an immediate hazard. The problems is the section doesn’t apply, because once you’re on a freeway on ramp, you’re on the freeway, not “about to enter” it! This is demonstrated by the fact that the CHP works all incidents on freeway on ramps, even though they may be within an incorporated city. The CHP works all incidents on the freeways. This is also why the “Begin Freeway” sign is at the top of ramp where you enter it rather than at the bottom where the lanes merge. Pedestrians, bicycles and motor driven cycles aren’t allowed on freeway on ramps in California, because the on ramps are part of that highway, which happens to be a freeway.
In the United States, the freeway traffic always has the right of way. The freeway traffic is under no obligation to slow down or change lanes to accomodate merging traffic. It is only done as a courtesy and countermeasure to avoid possible accidents. If two freeways merge, then it is highly likely that one of the merging lanes is cautioned to yield to the other – if not there would be no way to uphold who is at fault in a traffic court case in this situation.
