An issue about fault in an accident.

[bearhat]

I have read many postings on here about how people are trying to get officers to tell them that there were wrongly accused of being at fault in an accident. I am not trying to do that just want to see what peoples opinions on my situation is.

My boyfriend was driving and I was in the passengers seat, so I was not driving but I was there. We are in the Colorado. I'm going to do my best to set it up for you.

He was driving on a four lane road in the right lane. He then sees the sign that says he needs to merge. So there is an opening in the lane between two cars, he turns his blinker on checks his mirrors, looks over his shoulder and does everything he needed to before changing lanes. He then starts to very slowly move his car over into the left lane, to make sure the car in the left lane knew that he was going to get over, and to start to merge. As he is slowly moving his car over into the lane, the truck in lane he is merging into quickly speeds up to try and pass my boyfriends car. In doing that he hit the drivers side of my boyfriends car and it sent us spinning across and we end up two lanes over facing the opposite direction.

My boyfriend was put at fault because of "lane usage." I just want to know when it come to lane usage, is it always your fault if you hit someone when changing lanes? Even if it is a merging lane and you have to change lanes?
I'm not trying to put blame on the other guy. He had no damage to his car, no one was hurt, and was very nice. Though my boyfriends car was damaged badly, my boyfriend isn't looking to get any money from him because he was going to get rid of his car soon anyway. He just wants to get the fault off his record. He has to go to court next month, is there anyway the judge could take the fault off his record? I know nothing about how traffic laws work and what not, so sorry if I seem a little naive about it all.

Thanks so much for your help.

[mcsap]

Proving that the other driver intentionally sped up to " cut you off " would be impossible. Proving that whiole moving into HIS lane there was a collision ? Easy.

Unless some sort of outrageous or wanton or willful act of misconduct on the other driver is apparent or proveable...then the car that is changing lanes is deemed to have failed to make a safe lance change.

It is LEGAL to speed up within your own lane of travel , not to exceed the speed limit or to cut someone off but again, that wold be DIFFICULT to prove.