The Zipper Merge - Legal Doesn’t Mean Safe

The zipper merge is legal but choosing to use it is risky. In South Carolina, drivers already in the through lane are not legally required to let merging traffic in.  The burden generally remains on the driver attempting to merge to wait for a safe, open gap. 

In a collision, the merging driver may be cited for failing to yield the right of way resulting in a collision. 

On the other hand, the driver already in the through lane may also be liable for a portion of the damages if they intentionally accelerate, crowd the merging vehicle, or otherwise act unreasonably to prevent a lawful merge.    

The issue isn’t the legality of a zipper merge, it’s each driver’s duty to exercise reasonable care and avoid a foreseeable collision. 

A jury will likely evaluate whether each driver acted reasonably under the circumstances and apportion fault accordingly.

Think of this analogy the next time you’re deciding whether to use a zipper merge:      Making a U-turn is legal. But if you make it when it isn’t safe resulting in a collision, you are be liable for the damages.  Likewise, the fact that a zipper merge is legal doesn’t relieve a driver of the duty to merge safely.