We can define lane splitting as the situation in which a bike or a motorcycle is driving between 2 lanes with slowly moving or stopped cars. This often happens during traffic jams. When an accident happens as the motorcycle is involved in a lane splitting scenario, fault comes into question. Everything practically boils down to whether or not the law allows it, what the police officer says, and the actions of those involved in the incident.
Because the situation can be very complicated, it is advised to have motorcycle accident attorneys represent you during the claims process.
The Legality Of Lane Splitting
Most US states do not see lane splitting as being a maneuver that is legal. However, at the same time, lane splitting is not prohibited. Because of this, lane splitting is often interpreted as being unlawful. In other states, like California, lane splitting is permitted but only if the procedure will be done in a manner that is legally defined as being “safe and prudent”. Obviously, this can easily be interpreted by judges and police officers.
Liability
Lane splitting is highly discouraged since motorcycles are very close to passenger vehicles or even larger trucks. Due to this, accidents can easily happen. There is reduced space available for maneuvers and many cars will simply not anticipate the fact that vehicles are going to go past during stopped or slowed traffic situations.
When there is an accident because of motorcycle lane splitting, a huge possibility that the fault ends up attributed to the rider of the motorcycle exists. When the court or insurance adjusters decide that the carelessness of the motorcyclist was the main cause of the incident, the motorbike rider cannot recover damages.
However, when the rider of the motorcycle is capable of showing the fact that the car involved in the accident did contribute to what happened, full or partial compensation might be available for property damages and injuries. An example of when this can happen is when the car was weaving or changing Lanes. Another situation is when the car driver was not being attentive, like when they were on the phone.
Proving an injury claim that involves lane splitting becomes more likely when the following factors can be shown:
- The rider of the motorcycle was being careful, like not weaving or speeding.
- The rider is highly experienced.
- The rider did complete a safety or riding course.
- The defendant did something that was much more dangerous than being involved in lane splitting, like making lane changes without the use of the signal light.
Whenever possible, you need to bring in proof so that you can support what you claim happened. This can be done with the use of witness statements and police reports. A highly experienced motorcycle accident attorney will be able to find proof because of the knowledge they have about the law and trial practices. Also, the attorney will be able to confidently negotiate injury settlements with insurance companies, which most likely is impossible for you since adjusters are very good at their job and easily take advantage of any lack of legal knowledge you might have.
