Most states give the right of way to the vehicle that is traveling on the highway. The vehicle entering must yield to those vehicles, but there are a few states that indicate both drivers must attempt to adjust their speed and location to avoid a collision.
Who yields in a merge?
Yielding When Merging
The driver of the vehicle in the lane that is ending, is supposed to yield to the vehicles in the other lane. The cars in the lane that is ending should only merge when it is safe to do so. When merging drivers should make sure they have enough space to move their vehicle over into the other lane.
Who gives way when merging lanes?
When merging into another lane, you must give way to anyone that's in the lane you're moving into and it's important that you indicate for a reasonable amount of time to warn other people that you intend to cross into their lane.