If you’ve been injured in a lane splitting accident, should you be compensated?
Read on as attorney Steven Elia sorts it out for you.
Have you ever sat in traffic and watched a motorcycle whiz by between lanes? That’s called lane splitting and it’s legal in state of California.
What happens if an accident occurs while a motorcycle is lane splitting? Who is at fault?
This is a muddy area in the state of California and one that should involve the professional advice of a San Diego motorcycle accident attorney. But let’s see if we can shed some light on it here.
Lane splitting accidents are quite common, especially here in Southern California, including San Diego, where traffic can be a real headache. These accidents happen because of the close proximity of cars to the passing motorcycle. There is very little space to maneuver, and many drivers simply don’t anticipate that a motorcycle might be passing them by.
When a lane splitting accident happens, the fault is usually attributed to the motorcycle rider, but this is dependent on what the insurance adjuster and court find.
The following factors may help favor the motorcyclist in a legal lane-splitting case
- The motorcyclist was riding carefully and not weaving in and out of lanes or between cars
- The motorcyclist was not speeding
- The motorcyclist can prove that he has a lot of experience riding a motorcycle
Factors that would harm the automobile driver’s case
- If the car was changing lanes abruptly or weaving
- If the driver of the car was talking on the phone or texting
- If the driver was speeding or driving negligently
California Lane Splitting Law
In California, motorcycle lane splitting is legal under specific conditions (California Vehicle Code section 21658.1). Lane splitting, also known as lane sharing, filtering, or white-lining, is when a motorcyclist rides between two lanes of traffic moving in the same direction. California is the only state in the US where lane splitting is explicitly legal.
Key Points About Lane Splitting in California
- Legal Status: Lane splitting was formally legalized in California in 2017 with the passage of Assembly Bill 51. The law allows motorcyclists to split lanes, but it does not specify the conditions under which it must be done.
- Safety Guidelines: The California Highway Patrol (CHP) provides three safety guidelines rather than hard-and-fast rules:
- Speed: It is generally safer to split lanes at speeds no more than 10 mph faster than the traffic around you. Lane splitting is not advised at speeds over 30 mph.
- Location: Lane splitting is safest between the far-left lanes rather than between other lanes.
- Traffic Conditions: It is safest to lane split when traffic is moving at 30 mph or less.
- Driver Behavior: Other drivers are encouraged to be aware of motorcyclists who may be lane splitting and are reminded that it is illegal to intentionally block or impede a motorcyclist in a way that could cause harm.
- Discretion: Law enforcement officers have discretion when determining if lane splitting is done in a safe and prudent manner. If a motorcyclist is lane splitting unsafely (e.g., at excessive speeds or erratically), they may still be cited under other traffic laws.
Insurance Considerations Regarding Lane Splitting
While lane splitting is legal, if an accident occurs during lane splitting, fault may be disputed, and the motorcyclist’s actions will be scrutinized to determine if they were lane splitting safely. Lane splitting in California is designed to improve traffic flow and reduce congestion while offering motorcyclists an efficient way to navigate traffic. However, it requires a high level of awareness and skill to do safely.
For now, no matter who you think is at fault in a California lane splitting accident, it’s always best to support your version of the accident with a police report and witness statements.
Injured in a motorcycle lane-splitting accident in California?
Proving fault in personal injury accidents is tricky business, and lane-splitting accidents are even more difficult. If you’ve been involved in a lane splitting accident in San Diego, or anywhere in California, it’s best to consult with one of the personal injury lawyers here.
We are well versed in motorcycle accidents and the law and can provide the representation you need in order to win your case and recover any damages owed to you. Here at the Elia Law Firm, we offer a free case review and should we decide to take your case, there is no fee until we win.
Call 619-444-2244 today or submit the case review form on our contact page.
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