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Merging Roadways – Who Has the Right of Way in Pennsylvania?

Merging Roadways – Who Has the Right of Way in Pennsylvania?

It’s a congested highway near a merger point.  Maybe it’s dark, raining and things are confusing.  Auto accidents that happen around merge points are very common.  In a perfect world, every merge would have a clear "Yield" sign. But when signs are missing or confusing, Pennsylvania law and PennDOT standards provide a hierarchy to determine the "main" road.


1. The "Through Highway" Rule (75 Pa. C.S. § 3321)

 

Under PA law, traffic on a through highway or a limited-access highway (like I-95 or the PA Turnpike) always has the right of way over traffic entering it. Even if the on-ramp is long and looks like a permanent lane, it is considered the "secondary" roadway until you have successfully joined the flow of the through highway.

 

2. Look at the Lane Markings


If you aren't sure which lane is merging, look at the paint on the ground.


  • The Dotted Line: Generally, the lane that has the "broken" or dotted line crossing its path is the merging lane. If you have to cross a line to enter the adjacent flow of traffic, you are the merging driver and must yield.


  • The "Added Lane" Sign: Sometimes, two roads meet but neither has to yield. Look for the "Added Lane" sign (a picture of two arrows separated by a dotted line). In this case, there is no "main" road; both lanes continue side-by-side, and no one has to yield immediately.


3. The "Yield to the Right" Default


In rare cases where two roads of seemingly equal size merge and there are no signs or clear lane endings, Pennsylvania falls back on 75 Pa. C.S. § 3321(a): When two vehicles enter from different highways at approximately the same time, the driver on the left must yield to the vehicle on the right.

 

Who Has the Right of Way?


The golden rule in Pennsylvania is that the driver already on the roadway has the right of way. However, there is one notable exception: The Weaving Lane. On some PA highways, an entrance ramp and an exit ramp share the same lane (a "weaving lane"). According to the PennDOT Driver’s Manual, if one driver is trying to enter the highway and another is trying to exit using that same lane, the entering driver must yield to the exiting driver.


When Should You Merge?


Timing is everything.


  • In Free-Flowing Traffic: You should merge as soon as you have reached the speed of traffic and found a safe gap. Do not wait until the very end of the ramp if a safe gap exists earlier.


  • In Heavy Traffic (The Zipper Merge): If traffic is backed up due to construction or a lane closure, PennDOT recommends the Zipper Merge. Stay in your lane until the point of the bottleneck, then take turns. While this is the "best practice" for traffic flow, remember that legally, the driver in the lane that is not ending still holds the right of way.

 

Best Practices for Drivers


For the Merging Driver:


  • Accelerate: The ramp is a runway. Use it to get up to the speed of the "main" road.


  • Don't Stop: Unless there is a literal stop sign (like on some older sections of Route 28 in Pittsburgh), stopping on a merge ramp is incredibly dangerous and often leads to rear-end collisions.


For the Driver on the Main Road:


  • Be Predictable: Don't slam on your brakes to let someone in. It’s often safer to maintain your speed so the merging driver can judge the gap behind you.


  • Move Left: If there are multiple lanes and the left lane is open, move over to give the merging traffic space. It’s not just polite; it prevents "close call" side-swipes.

 

What to Do If You Are Injured


If a merge goes wrong and you're injured, the "he-said, she-said" nature of these accidents makes legal representation vital.


  1. Gather Evidence Immediately: Because merging accidents involve "competing" lanes, the exact point of impact matters. Take photos of your vehicle and the damage at the point of impact on your vehicle and that of the other driver’s vehicle.  Take photos of where the glass and debris fell, skid marks on the roadway. This helps experts determine who veered into whose lane.


  2. Check Your Tort Status: In PA, your ability to sue for "pain and suffering" depends on whether you have Full Tort or Limited Tort insurance. Even with Limited Tort, "serious" injuries can still qualify for a full claim.  This should be listed on the declarations page of your auto policy.


  3. Contact Fiffik Law Group: Our seasoned auto accident attorneys can help you deal with the insurance companies and get financial compensation that you deserve.

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