Motorcycle Accidents: Lane Splitting

Lane splitting is a highly debated practice among motorcyclists and drivers. While legal in some states, it’s still controversial when determining liability in the event of an accident. This article explores the legal aspects of lane splitting, safety considerations, and what motorcyclists should know if involved in a lane splitting-related accident.

What is Lane Splitting?

Lane splitting, also known as white-lining or stripe-riding, involves a motorcyclist riding between lanes of slow-moving or stopped vehicles, typically in traffic jams. It allows motorcyclists to bypass congestion, but it can be risky in certain situations.

States Where Lane Splitting is Legal

Currently, lane splitting is legal only in California, with other states like Utah and Arizona permitting modified forms of the practice under specific conditions. In California:

• Permitted on Highways: Lane splitting is allowed on multi-lane highways.
• Speed Differential: Motorcyclists should not exceed more than 10 mph above the surrounding traffic speed when lane splitting.

States Considering Lane Splitting Legislation

Several other states have considered or are considering legalizing lane splitting, including Oregon and Washington, as more research emerges about its safety benefits when done correctly.

Safety Considerations for Lane Splitting

While lane splitting can reduce congestion and potentially prevent rear-end collisions, it’s not without risks. Common dangers include:

• Sudden Lane Changes: Drivers may not expect or see a motorcyclist when changing lanes.
• Blind Spots: Larger vehicles like trucks or SUVs have significant blind spots that can hide a motorcyclist from view.
• Aggressive Drivers: Some drivers may react aggressively when they see a motorcyclist lane splitting, leading to dangerous situations.

Recommended Safety Tips for Lane Splitting

1. Stay Visible: Wear bright or reflective gear to increase visibility.
2. Monitor Traffic Speed: Only lane split at low speeds (usually under 30 mph).
3. Watch for Turn Signals: Be cautious of drivers signaling a lane change.
4. Avoid Blind Spots: Do not linger between vehicles where visibility is limited.

Legal Implications and Determining Liability in Lane Splitting Accidents

In states where lane splitting is legal, determining fault in an accident can be complex. Liability depends on the circumstances, such as the speed of the motorcyclist and the behavior of surrounding drivers.

Common Scenarios in Lane Splitting Accidents

1. Sudden Lane Changes: If a car changes lanes suddenly without signaling, they may be held liable for not checking for the motorcyclist.
2. Excessive Speed: If the motorcyclist is lane splitting at high speeds, they may share or assume liability if the speed contributed to the accident.
3. Driver Awareness: Drivers have a duty to be aware of motorcyclists, especially in states where lane splitting is legal.

Comparative Negligence in Lane Splitting Cases

In some states, even if lane splitting is illegal, motorcyclists may still recover damages under comparative negligence laws. For example, if the motorcyclist is found to be 30% at fault and the driver 70%, the motorcyclist’s compensation could be reduced by 30%.

Evidence to Strengthen a Claim

To establish liability, consider gathering the following evidence:

• Video Footage: Dashcams or traffic cameras can provide clear visual evidence.
• Witness Statements: Testimonies from other drivers or pedestrians can corroborate your version of events.
• Accident Reconstruction: Experts can analyze the accident scene to determine fault.

Insurance and Lane Splitting Accidents

Lane splitting accidents can complicate insurance claims, especially if the practice is illegal in your state. Insurers may deny claims or significantly reduce payouts if they believe lane splitting contributed to the accident.

Dealing with Insurance Companies

If you’re involved in a lane splitting accident:

• Don’t Admit Fault: Even if lane splitting is legal in your state, avoid making statements that could be construed as admitting fault.
• Consult a Motorcycle Accident Attorney: An experienced lawyer can navigate the complexities of fault, comparative negligence, and insurance disputes.

Should You Lane Split? Weighing the Pros and Cons

While lane splitting can save time and reduce congestion, it requires heightened awareness and caution. Consider the following before deciding whether to lane split:

• Traffic Conditions: Is traffic slow-moving or stop-and-go? Lane splitting is generally safer in these conditions.
• Vehicle Types: Are there many large vehicles, like trucks or buses, with extensive blind spots?
• Your Skill Level: Experienced riders with strong situational awareness are better equipped to handle the nuances of lane splitting.

Conclusion

Lane splitting remains a controversial practice in the U.S., with legal status and liability varying by state. If you choose to lane split, do so with caution, follow safety guidelines, and understand your legal rights in the event of an accident. Whether you’re a motorcyclist or driver, being informed about the laws and risks can help prevent accidents and reduce legal complications.