Lane splitting happens when a motorcycle drives between two lanes of stopped or slowly moving cars. Thus, many drivers will notice motorcyclist drive in between two lanes. Usually, we will notice many motorcyclists’ split lanes during rush-hour traffic on interstate 5, i405, or 134 freeways. So what happens if an accident occurs while a motorcycle is lane splitting? Well truth is, proving if the driver or rider was at fault can get a bit tricky. This may depend on a number of factors, such as if the driver or rider was speeding, driving recklessly, what the police officer determined or noted in police report.
Is Lane Splitting Legal?
Not all states allow lane splitting, but in California, motorcyclist are legally allowed to lane split. However, only if the rider acts in a reasonably safe and prudent manner.
Accidents While Lane Splitting: Who is Liable?
Lane splitting can be the cause for accidents due to little amount of space to maneuver through. If an accident occurs while the motorcyclist is lane splitting, more times than not, the driver will blame the rider for the accident. Also, if the insurance adjuster or a police report finds the motorcyclist’s carelessness or the unsafe riding as for the cause of the accident, the rider may find it difficult to recover damages. Thus, it is probably best motorcyclist immediately seek advice from an experienced motorcycle attorney. Hiring an attorney may help preserve your claim. Also, one of the most detrimental things a motorcyclist can do is submit to an recorded statement to the opposing insurance company. If you were involved in an motorcycle accident you call us directly and request a free consultation.
Factors that may help prove your claim:
You were riding carefully and were not speeding or weaving between cars;
- The driver of another car or truck was doing something even more dangerous than lane splitting — for instance the driver was:
- On a their cell phone texting or on a phone call;
- Driver quickly changed lanes without signaling;
- Driver drifted from one lane into another;
- Driver was distracted or;
- Driver was speeding
This content is intended for educational purposes only. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information, which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
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