What Are the Laws Regarding Merging Traffic on West Virginia Highways and Freeways?

Mani Ellis & Layne Accident & Injury Lawyers | July 22, 2025 | Car Accidents

If you’ve ever driven on I-64, I-77, or any busy freeway in West Virginia, you know how tense merging can be. Whether you’re entering from an on-ramp or navigating lane reductions, understanding what the laws are regarding merging traffic on West Virginia highways and freeways is essential for your safety. Continue reading to learn more.

Who Has the Right of Way When Merging?

In West Virginia, the law generally states that drivers already traveling on the highway have the right of way. Vehicles entering from an on-ramp must yield until they can merge safely without causing other drivers to brake or swerve.

This means:

If you’re merging onto a freeway, you must adjust your speed to fit into the flow of traffic.
Drivers on the freeway are not legally required to move over to let you in, but they often do so as a courtesy when it’s safe.

Understanding this right-of-way rule helps prevent last-second merges that can lead to side-swipes or rear-end collisions.

Tips for Safe Merging on Highways and Freeways

Because merging is a top cause of highway crashes, it’s important to approach it carefully. Consider these tips before, during, and after merging.

Before merging:

Check mirrors and blind spots for approaching vehicles
Signal your intention early so other drivers know your plan
Adjust your speed to match highway traffic smoothly

While merging:

Maintain a steady pace without sudden braking
Yield to vehicles already on the freeway
Merge only when you have enough room to do so safely

After merging:

Turn off your signal once fully in the lane
Maintain a safe following distance
Continue checking mirrors to remain aware of surrounding traffic

Practicing these habits every time you drive can prevent dangerous or illegal merges.

Lane Reductions and Zipper Merges

Another common situation is when two lanes merge into one, such as during road construction or lane reductions. West Virginia uses the zipper merge system, in which drivers use both lanes until they reach the merge point and then alternate into the remaining lane.

To use the zipper merge method properly:

Stay in your lane until the merge point
Take turns with drivers in the other lane, like a zipper closing
Avoid blocking drivers who remain in their lane up to the merge

Before and after a lane reduction, stay alert for sudden stops, merging trucks, and construction crews. Zipper merging keeps traffic flowing smoothly and reduces backups, but only if all drivers cooperate.

Penalties for Failing to Merge Correctly

Improper merging is not just dangerous—it’s also illegal. Violations can lead to:

Traffic citations and fines
Points added to your driver’s license record
Increased insurance premiums
Liability for damages in the event of a crash

If an accident occurs because you failed to yield when merging, you could be held responsible for property damage, injuries, and other costs.

How Can Highway Drivers Help Merging Traffic?

Although merging vehicles are required to yield, drivers already on the freeway can improve safety by taking precautionary measures before approaching and after passing an on-ramp.

Before approaching an on-ramp:

Checking your mirrors to see merging vehicles
Moving to the left lane if safe, giving merging drivers space
Maintaining a consistent speed so that merging cars can adjust accordingly

After passing an on-ramp:

Checking your blind spot before moving back into the right lane
Remaining aware of vehicles that may still be accelerating

Being a cooperative and alert driver helps everyone merge safely and reduces congestion or sudden braking events.

Common Causes of Merging Accidents

Understanding the common causes of merging accidents can help you avoid them.

These include:

Drivers failing to check blind spots before merging
Merging too slowly, causing approaching vehicles to brake suddenly
Merging aggressively without enough space
Highway drivers speeding up to block merging vehicles
Distracted driving, leading to missed signals or improper lane changes

By staying focused and patient, you can significantly reduce your chances of being involved in a merging accident.