Quote Originally Posted by litewavve View Post
But if there was no child on board, don't you have the right to stand your ground even at the risk of escalation?
In traffic? No. Every driver has the explicit duty to do everything in their power to make traffic flow smoothly and most importantly, avoid causing an accident. The Jag driver doesn't necessarily have any duty to let the truck merge, but he DOES have a duty to avoid auto accidents and that puts them both at fault. However, if I got assigned this claim I would put the dump truck driver at 100% fault since he was the one changing lanes. I might toy with the idea that the Jag driver had the last possible chance to avoid collision, but probably not.