Lane splitting is when a motorcycle operator rides between road traffic when it is either moving at a slow speed or stopped. Although it's legal in some states and not in others, there are often questions of negligence, traffic law, and driver responsibility that arise when an accident occurs involving lane splitting.
These crashes commonly happen when:
- A driver fails to see a motorcycle when changing lanes.
- A car runs into the street from an opened door.Car runs out of opened door.
- There is a lot of traffic and poor visibility.
- A motorcyclist is riding between vehicles at an unsafe speed.
Fault determination is a function of the facts of the accident, applicable traffic regulations and the actions of all parties involved.
Who is Liable for a Lane-Splitting Accident?
The Motorcyclist
A rider can be partially or entirely responsible if they:
- Obey speed regulations: were not speeding while lane splitting
- Ignored traffic signals
- Rode aggressively between vehicles
- Lane splitting – violation of local traffic law.
In states that allow lane splitting, motorcyclists are still required to ride their bikes safely and reasonably.
The driver of another vehicle.
If a driver:
- Went out of lane without checking for blind spots or mirrors
- Did not signal before changing direction.
- Drove distracted
- On purpose cut off a motorcyclist
It is the driver's responsibility to be alert and watch for all vehicles on the road, including motorcycles.
What to do after a lane splitting accident
Step 1: Call for an ambulance and seek medical help.
Always consider health and safety. Any injuries, no matter how small — should be seen by a health care provider.
Step 2: Call the Police.
Seek a police report, when available.
Step 3:Evidence
Collect:
- Picture of the incident
- Vehicle damage images
- Witness contact information
- Insurance details
Step 4: inforom insurance company
An attorney can help you alonside the motorbike accident
Local Considerations
The laws on lane splitting vary from state to state and from jurisdiction to jurisdiction. For example:
- Lane splitting is permitted in some states.
- Others prohibit it.
- There are no particular state laws to address the practice in some states.
Local traffic laws will have a significant effect on fault determinations, so riders should be familiar with the traffic laws in the area where the accident occurred.
Common Errors
- Not calling police following the accident.
- Failure to take photographs of the crash scene.
- Giving recorded statements without legal guidance.
- Delay in seeking medical treatment or legal advice.
FAQs
Does it work everywhere?
Each of these No. Laws will differ by State and local jurisdiction.
Is it possible to secure damages for a motorcyclist when he/she is partially responsible?
Yes, in many states. Under comparative negligence, you can get some compensation.
What are some of the reasons for establishing liability?
Police reports, witness statements, photographs, and video footage and expert analysis.
Does lane splitting speeding have a claim?
Riding too fast may increase the percentage of fault a rider may be found to have.
When a lane-splitting accident occurs, should I get a lawyer?
In the event of injury or serious damage, an attorney may be of assistance.
Conclusion
Having a knowledge of your rights and keeping your evidence and getting advice from professionals can increase the chances of successfully claiming. When you are part of a lane-splitting motorcycle accident, you need to act quickly in order to preserve your legal and financial rights.
