When a motorcyclist drives between two lanes while vehicles are either stopped or moving slowly, this is known as lane splitting. Lane splitting is allowed in some states, while some other states have strict laws prohibit it. It is important to be informed on your states legislation, so that you can make legal driving decisions.
Liability: Accidents and Lane Splitting
Most times when an accident occurs, because of lane splitting, the motorcyclists is at fault. However, if the motorcycle rider can prove that the accident was the fault of the other driver, there is a chance that the motorcyclist can be compensated for loss, damages, and injuries. For example, a truck or passenger vehicle driver might have had contact with or hit a motorcycle rider while illegally switching lanes or weaving in and out of traffic. Typically, in order for the motorcyclist to have a successful case, there are a few factors which will help in a lawsuit. Here are some:
The motorcyclist must prove that he/she was riding his/her motorcycle carefully, including no speeding, weaving, or cutting other vehicles off.
The motorcyclist must be an experienced motorcyclist with a successfully completed motorcycle safety course.
The motorcyclist must be able to prove that the other driver did something more dangerous than what him/her did (lane splitting), such as hitting him/her, abruptly changing lanes, or weaving.
It is very beneficial to have witness statements, as well as a police reports, as evidence in the investigation into your accident. Keep in mind, to always obey safety rules when lane splitting, to prevent accidents. Some safety precautions to remember are to take extra care and caution when in a driver’s blind spot, wear clothing that will reflect, and always be alert of the vehicles around you.
If you’ve been a victim of a motorcycle accident, you need legal representation to ensure that you make the right choices concerning your legal case.