Originally Posted by adablduya

this is hair splitting. if one is required to yield the right of way, then someone else has it. you either have the right of way to proceed, or you don't. if i turn left at a 4-way stop in front of someone going straight, he has the right of way and i don't. if he hits me, it's my fault (unless he goes out his way to speed up to make it happen).

the concept of legal obligation to mitigate damages is clear: we are obligated to behave in a manner to avoid an incident if able to do so. so, that is the real meat on the bone of the maryland drivers handbook statement regarding not speeding up to prevent a motorist from merging after a pass.

however, i will disagree still with the point above: if i'm going the speed limit and driver B is passing me with oncoming traffic, i maintain i do not have the responsibility to slow down to let him in. i would be smart to do so if the oncoming was close, but i'm not obligated to accommodate him if i'm going the speed limit. THAT particular 'inaction' is a far world different than the 'action' to speed up to block him out. THAT is the meat of the maryland regulation. one is not required to "YIELD"; one is only required to NOT speed up as to preclude the merge.

so, different issues here as to driver behavior expected to prevent carnage vs. predictable behavior in typical circumstances.