Who’s At Fault In A Motorcycle Accident Involving Lane Splitting?
What Is Lane Splitting?
Lane splitting is defined when a motorcycle drives between two lanes of halted or gradually moving cars, primarily during traffic. In the event that an accident happens while a motorcycle is lane splitting, regardless of whether the bike or car is at fault relies on upon whether lane splitting is allowable in that state, the perspectives of the cop and judge on lane splitting, and the activities of both the motorist and motorcyclist before the incident.
Is Lane Splitting Legal?
While most states don’t perceive lane splitting as a lawful move, they likewise don’t particularly forbid it. In any case, police and the courts regularly translate lane splitting as unlawful. One state, California, does particularly allow lane splitting, yet only when that it is done in a “protected and reasonable” way. Obviously, the meaning of “sheltered and judicious” is especially up to elucidation from cops and judges.
Accidents While Lane Splitting: Who is Liable?
Lane splitting is often perceived as the cause of accidents because of the closeness of the cars to the motorcycle, the decreased space to move, and the way that the cars don’t foresee that a vehicle will pass them in moderated or halted activity.
In the event that an accident happens while a motorcycle is lane splitting, there’s a decent possibility that fault for the crash will be credited to the motorcycle rider. In the event that the insurance agent or court finds that the motorcyclist’s inconsiderateness was a significant reason for the accident, the rider will not likely be successful when attempting to obtain rehabilitation awards.
In any case, if the motorcycle rider can demonstrate that the other driver (most likely of a car or truck) contributed to the crash, the rider might be mostly or completely reimbursed for their wounds and property harm. This may happen if the vehicle that hit them was switching to another lane or swerving, or if the driver was chatting on the telephone or committing any other form of negligence.
The accompanying factors may assist riders in proving their case:
- The motorcyclist was riding safely- not speeding or weaving all through lanes or between autos.
- The motorcyclist is an experienced rider.
- The motorcyclist has finished a motorcycle riding or security course.
- The other driver accomplished something significantly more perilous than lane splitting – for instance, rolling out an unexpected lane merge without flagging, or gradually merging from one lane into another.
If you or a loved one have been involved in a motorcycle accident in Orange County, California, contact a professional motorcycle accident lawyer from the offices of GF Accident Attorneys immediately if you believe another driver was responsible for any injuries you sustained from the accident. Visit www.gfaccidentattorneys.com today to schedule your free legal consultation to determine whether or not you are eligible to earn compensation.