The driver was on her phone and was either going to merge to the left or make a right. She did not have her signal to merge so I continued forward. She eventually decided to merge and almost clipped the front end of my vehicle. I noticed both of her tail lights were out, so you could not tell when she applied her brakes or not. I then saw when she turned onto Waggoner Road that her signals did in fact work and she neglected to use them to merge earlier.