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Traffic/Motor Vehicle law varies from state to state and may be a matter of local government law if the accident was on their paved road(s). Your best source of information is a local attorney.

Depending on where this happened, both drivers could be charged. Driver A for improper entry into the flow of traffic and driver B for improper/unsafe lane change and or failure to have care and control of his vehicle. This depends on the investigating officer and the situation at the time. Most likely a review and ruling by traffic court would be needed.

The normal rule that an officer would operate under is that the near universal road law is that the vehicle on the highway has the right of way and that a vehicle exiting that highway has the right of way, unless signage, or highway control devices (traffic lights, median, etc.) prohibit it. But normal road law gives the right of way to the vehicle already on the highway. As a law enforcement officer, with things being just as described, I would have issued the vehicle entering the highway a citation for failure to yield right of way.

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Q: Who is at fault when one driver A leaves a parking lot and turns left while another driver B changes into the lane which driver A turns into?
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