Lane Splitting Motorcycle Accidents
California made history in 2016 as the first state to alter its laws to allow lane splitting by motorcyclists. This changed the landscape of motorcycling in the state, allowing riders to travel on the line between other lanes of traffic. Unfortunately, it also gave rise to new challenges for motorcyclists during lane splitting accident claims.
What Are California’s Lane Splitting Laws?
Effective January 1, 2017, an amendment was added to state law to address lane splitting. California Vehicle Code 21658.1 defines “lane splitting” as driving a motorcycle, as defined in Section 400, that has two wheels in contact with the ground, between rows of stopped or moving vehicles in the same lane, including on both divided and undivided streets, roads, or highways.
Technically, California does not have any specific rules regarding how lane splitting should be done. Instead, state law gives the Department of the California Highway Patrol (CHP) the right to develop educational guidelines relating to lane splitting to help ensure the safety of the motorcyclists and surrounding motorists.
According to CHP’s guidelines, lane splitting should only be performed by experienced riders, and only if road, weather and traffic conditions are conducive to doing so safely. The CHP recommends keeping speeds low and as close to surrounding traffic as possible for safety, as well as splitting between the far left lanes instead of other lanes whenever possible.
How Might Lane Splitting Affect a Motorcycle Accident Claim?
Although lane splitting is now legal in California, it can still create issues during a motorcycle accident claim according to accident attorneys in Los Angeles. A car insurance company may attempt to use the fact that a motorcyclist was lane splitting at the time of an accident to avoid liability, or financial responsibility, for the rider’s damages.
Car insurance companies already have biases against motorcyclists. Motorcycle riding is viewed as inherently risky by insurers. Lane splitting, although legal in California, can give an insurance company ammunition to use against a motorcyclist, such as by arguing that the motorcyclist was lane splitting carelessly or recklessly and contributed to the crash.
As an injured motorcyclist, you will be tasked with proving that you were not responsible for the accident. This will require clear and compelling evidence against the driver or other party involved in your claim with help from a specialized personal injury lawyer in Los Angeles. You or your motorcycle accident attorney will have to prove that you were lane splitting prudently and cautiously based on the CHP’s guidelines.
How Can a Motorcycle Attorney Help After a Lane Splitting Accident?
Proving a lane splitting accident case can be challenging. These claims often involve motorcyclists who were weaving through slower-moving traffic, which can lead to allegations such as speeding or making unsafe lane changes. Since the motorcyclist’s actions are central to this type of case, demonstrating safe and legal lane splitting is imperative.
If lane splitting becomes an issue during your motorcycle accident claim in California, it is important to consult with an attorney who has experience handling these cases in your community. An attorney who is committed to standing up for the rights of motorcyclists can help you prove your case and fight for maximum financial compensation from the at-fault party’s insurance provider. Your motorcycle crash lawyer in Los Angeles can gather evidence that proves that you were lane splitting safely, for example, such as witness statements and video footage. You can trust your attorney to do what it takes to preserve your legal rights and seek maximum compensation throughout the claims process on your behalf. For more information about a recent motorcycle accident, request a free consultation with a lane splitting accident lawyer in Los Angeles.