Lane splitting is the practice of motorcycle riding between lanes of slow-moving or stopped traffic on a roadway. This maneuver allows motorcyclists to move ahead of congestion rather than waiting in line with cars.
Lane splitting can be unsafe, but it is legal in some states and illegal in others. Despite the legalities, this is a dangerous way to travel. Motorcyclists are already at greater risk of an accident than other motorists, but lane splitting can make a serious accident inevitable.
So, if a motorcyclist is in an accident while lane splitting, can they recover compensation for their damages? This article discusses the laws on lane splitting, insurance challenges that motorcyclists might face, determining liability in an accident, and what you can do to protect yourself after a crash. An Owings Mills motorcycle accident lawyer can help navigate these complexities and ensure that injured riders understand their rights and legal options.
What Is Lane Splitting?
Lane splitting occurs when motorcyclists ride between cars to bypass traffic. It differs from moving between stopped vehicles. Supporters argue it reduces congestion, while opponents consider it dangerous and accident-prone.
Risks include limited visibility, sudden lane changes, and distracted drivers not noticing motorcyclists. Depending on state law, injured motorcyclists may still be entitled to compensation. Continue to learn more.
Lane Splitting Laws Across the United States
Lane splitting laws are different across the country. The right to recover compensation depends on the laws of the state. Some states explicitly allow lane splitting, and others explicitly prohibit the practice. Here is an overview:
Explicitly Legal
Certain states, such as California, have enacted laws that explicitly permit motorcyclists to engage in lane splitting. According to California legislation, motorcyclists are advised not to exceed a speed differential of 10 mph relative to surrounding traffic when lane splitting. Furthermore, motorcyclists should refrain from lane splitting when the traffic flow exceeds 30 mph.
Explicitly Illegal
There are states, including Georgia, that explicitly prohibit lane splitting by motorcyclists, and because it is illegal, injured motorcyclists who lane split might face problems when seeking compensation.
States Without Specific Lane Splitting Laws
Some states have neither prohibited nor permitted lane splitting. States like Kentucky, Delaware, Mississippi, and Nebraska do not have laws that allow or prohibit lane splitting. The practice can end in a citation for reckless driving, which is up for interpretation by law enforcement.
Because the practice is not expressly prohibited, it can make getting compensation after an accident more difficult.
Lane Filtering Laws
Lane filtering is different from lane splitting. Lane filtering happens when a motorcyclist weaves in between stopped cars. States like Arizona, Montana, Utah, and Hawaii might prohibit lane splitting, but they do allow some form of lane filtering under certain circumstances. These laws usually permit motorcyclists to lane filter or use the shoulder to move around stopped cars. These laws might have elements like requiring traffic to be stopped, requiring the motorcyclist to not travel at a set speed, or requiring the motorcyclist to go with the traffic flow.
States Considering Legalization
Some states are considering legalization. These states are reviewing the potential benefits of establishing official regulations around the practice.
Can You Still Get Compensation?
Motorcyclists who suffered an injury in a lane splitting accident can still receive compensation, but it depends on fault. An experienced motorcycle accident attorney can help you determine if you are eligible to receive compensation after an accident by uncovering who was at fault for the crash.
The insurance company will absolutely try to downplay your injuries if you are hurt in a lane splitting accident. Insurers might argue that the motorcyclist was reckless and shift the blame for the accident onto you. You need to have legal representation if you suffered an injury in a lane splitting motorcycle accident.
Determining Liability in a Lane Splitting Accident
There are factors that might help determine who was at fault for the accident. Some factors that help determine liability after a lane splitting accident can include the following:
Speed
Speeding is one of the leading causes of traffic accidents. If another driver was speeding, then they may cause an accident even if the motorcyclist was lane splitting. An attorney can investigate the accident to discover whether the driver was speeding.
Traffic Conditions and Driver Behavior
Traffic conditions and driver behavior may play a significant role in causing an accident. A motorcycle accident attorney can assist you in investigating the underlying causes of the accident, as well as any contributing factors that may have led to its occurrence.
Whether the Driver Signaled or Checked Their Blind Spot
Drivers must check their blind spots. Checking blind spots is a part of safe driving, and failure to do so might mean that the driver is liable for your damages. Signaling turns or lane changes is another safety measure. When a driver fails to signal, then they might be responsible for the resulting traffic accident.
What Should I Do After a Motorcycle Accident?
The steps that you take after a lane splitting motorcycle accident are vital to the success of your claim. Consider taking the following steps after a motorcycle accident to protect your legal rights:
Seek Medical Attention
Seek medical attention immediately after a motorcycle accident. Not seeing a doctor allows the insurance company to argue that your injuries are not severe. Some injuries require a physical examination to be detected. Seeing a doctor is necessary for your health and your case.
Gather Evidence
Try to gather evidence right after the crash. Share evidence, like medical records and bills, as well as photos of injuries and property damage, with your legal team.
Contact an Attorney
Contact an attorney after a crash to ensure that your rights are protected. Do not hesitate to start building your legal team now.
How Can a Lawyer Help Me After a Lane Splitting Accident?
A motorcycle accident attorney can safeguard your rights after a lane splitting accident. Legal representation shields you from unfair insurance practices and tough negotiations and represents your interests in court. An attorney can be key to securing the compensation you deserve.
Contact a Motorcycle Accident Lawyer Immediately
Getting what you deserve after a lane splitting motorcycle accident can be difficult. An attorney will help get you the best results when facing a challenging accident claim. Do not hesitate. Contact an experienced Owings Mills personal injury lawyer today.