Understanding Lane Splitting Laws and Their Influence on Liability

Lane splitting, the practice of motorcycles riding between lanes of slow-moving or stopped traffic, is a distinctive feature of California's roadways. While lane splitting can help motorcyclists navigate through congested traffic, it also raises questions about liability in the event of an accident. In this post, we'll explore California's lane-splitting laws and their influence on determining liability in personal injury cases. 

Factors Contributing to Lane Splitting Safety 

In California, lane splitting is officially recognized and permitted.  Motorcyclists are advised to consider various factors when lane splitting, including traffic flow, speed differentials, and the width of lanes. Safety recommendations include traveling at a speed no more than 10 mph above the flow of traffic and avoiding lane splitting when traffic is moving at 30 mph or faster. 

Influence of Lane Splitting on Liability 

Lane splitting can impact liability in the event of a motorcycle accident. California law recognizes that the driver of a vehicle involved in a collision with a motorcyclist who was lane splitting is not presumed to be at fault, shifting the burden of proof to establish liability. 

Establishing Liability in Lane Splitting Accidents 

Liability in lane-splitting accidents is determined based on standard principles of negligence. Factors such as speeding, failure to signal, and sudden lane changes by the motorcyclist or other motorists can contribute to determining fault. 

Motorcyclist's Duty of Care 

While lane splitting is legal, motorcyclists have a duty to exercise reasonable care for their safety and the safety of others on the road. Reckless or aggressive lane splitting may influence liability and impact a motorcyclist's ability to recover damages in a personal injury claim. 

Insurance Considerations 

California's Comparative Negligence system allows for the allocation of fault among parties involved in an accident. Insurance companies will assess the circumstances of a lane-splitting accident to determine the degree of liability and the proportionate compensation for each party. 

Motorcyclist's Right to Legal Recourse 

Motorcyclists injured in accidents while lane splitting maintain the right to pursue legal recourse. Consulting with a personal injury attorney experienced in motorcycle accidents is essential to navigate the complexities of determining liability and pursuing compensation. 

Ongoing Legal Developments 

As of the knowledge cutoff date in January 2022, lane-splitting laws and their interpretation may evolve. Staying informed about legal developments is crucial for both motorcyclists and other motorists. 

Talk to a California Motorcycle Accident Lawyer 

In the unfortunate event of a lane-splitting accident, seeking legal advice is crucial for determining liability and pursuing fair compensation. Harris Personal Injury Lawyers is ready to guide you through the process of filing your claim. Contact us today at 1-800-GO-HARRIS or fill out our contact form here.