Lane Splitting and Motorcycle Accidents: Legal Perspectives
Lane splitting is a controversial practice among motorcycle riders. Also known as lane sharing, it refers to riding a motorcycle between lanes of slowed or stopped traffic. For riders, the ability to navigate through congestion provides convenience and safety benefits. But for drivers, the sudden presence of a motorcycle zooming between lanes can be alarming. Laws related to lane splitting vary widely between states. Examining the legal issues surrounding this practice and its role in motorcycle crashes provides important insights into an issue affecting all road users.
The Legality of Lane Splitting
Currently, lane splitting is explicitly legal only in California. The state has guidelines defining lane splitting as riding between two lanes of traffic traveling in the same direction. The motorcycle must stay within 10 mph of surrounding traffic, and should not exceed speeds of 30 mph. No other state has passed laws to legalize lane splitting.
Some states have proposed bills to regulate lane splitting, but none have become law. In Georgia and South Carolina, lane splitting remains illegal. Riders who lane split can face traffic citations for reckless driving, failure to maintain a lane, or improper passing. However, enforcement practices tend to vary. Some areas rarely ticket lane splitting riders, while others crack down.
Lane Splitting and Motorcycle Crashes
A major debate around legalizing lane splitting focuses on safety. Supporters argue the practice makes riding safer by avoiding rear-end collisions and reducing congestion for riders. Critics counter that the close quarters introduce risks. The data on crashes and injuries is mixed.
One often-cited study from the University of California Berkeley found that motorcyclists were less likely to be injured while splitting lanes compared to riders who were stopped in traffic. However, the overall number of lane splitting crashes was still significant. Over a decade in California, lane splitters accounted for nearly 6% of all motorcycle collisions.
Potential factors in lane splitting crashes include:
- Vehicles changing lanes abruptly
- Riders traveling at excessive speeds between lanes
- Poor visibility due to congested traffic
- Drivers opening doors into an adjacent lane without looking
More data is needed, but lane splitting does appear to pose risks requiring caution and defensive riding skills.
Lane Splitting Accident Liability
When a motorcycle collision occurs involving lane splitting, determining legal liability follows similar negligence rules as other accidents. The rider, the driver, or both parties may share fault depending on circumstances.
If a driver failed to check mirrors and signals before changing lanes, abruptly swerving, or opening a door, they may bear primary negligence. However, a lane splitting rider traveling at an excessive speed or behaving recklessly may share comparative negligence.
In states where lane splitting is illegal, the rider may be considered negligent for the act itself. But drivers still have a duty of reasonable care towards motorcyclists. Liability often comes down to specific details of right-of-way, traffic conditions, and the actions of both parties.
Injuries in Lane Splitting Accidents
Lane splitting wrecks can easily result in severe or fatal injuries for motorcycle riders. Without the protection of an enclosed vehicle, motorcyclists are vulnerable road users. Collisions at higher speeds increase injury severity.
Common motorcycle accident injuries include:
- Traumatic brain injuries (TBI)
- Spinal cord damage causing paralysis
- Amputated or crushed limbs
- Road rash and friction burns
- Internal organ damage
- Broken bones
Injured riders may face extensive hospitalization, surgery, rehabilitation, and permanent impairments. Lane splitting cases can merit significant liability claims, especially if the rider has extensive medical bills and lost income.
Legal Representation After a Lane Splitting Crash
Riders hurt due to the negligence of a driver should explore their legal options. An experienced motorcycle accident attorney can help injured victims recover damages. This may include compensation for economic losses like medical expenses and lost wages, plus non-economic damages for pain and suffering.
It is critical to have legal counsel when lane splitting is involved, as insurers may attempt to assign partial fault to the rider. An attorney thoroughly investigates liability issues in the case. They also negotiate strongly with insurance companies seeking fair compensation.
Don’t hesitate to contact us for a free consultation if you or a loved one has been injured in a motorcycle accident. Our dedicated team has the skill and resources to build the strongest case possible while treating clients with compassion. We handle all personal injury claims on a contingency basis, so you pay no fees until we obtain a settlement for you. Get in touch today to learn more about how we can help after a motorcycle crash.
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