Lane-splitting, the act of riding a motorcycle between lanes of slow-moving or stopped traffic, is legal in California. This practice can be contentious, as some drivers feel it is unsafe and unfair. At the same time, motorcycle riders argue that it allows them to navigate through congested traffic more efficiently.
Regardless of its controversy, California was the only state to permit lane-splitting under certain conditions for a long time. Now, several states have started to slowly legalize the practice. The legality of lane-splitting plays an important role in injury claims when collisions occur. Drivers often wrongfully blame law-abiding motorcyclists for their injuries.
If you have been injured in a motorcycle crash in California, you should seek legal advice tailored to your specific circumstances. Contact a California motorcycle accident attorney near you to better understand your rights and options moving forward.
Is Lane-Splitting Legal in CA?
Lane-splitting has been a topic of debate among Californians for many years. In 2016, California became the first state in the U.S. to legalize lane-splitting officially. California Vehicle Code (CVC) Section 21658.1 defines lane-splitting as a legal maneuver for motorcyclists as long as it is done safely and prudently. The CVC does not provide specific speed limits for lane-splitting, leaving it up to the motorcyclist's judgment to determine a safe and reasonable speed.
However, the organization does provide guidelines for motorcyclists to follow while lane-splitting:
- The motorcyclist should not exceed the speed of surrounding traffic by more than 10 mph.
- The motorcyclist should carefully pass other vehicles, avoiding reckless behavior.
- Lane-splitting should only be done between the number one and number two lanes (the far left and second to the left lanes).
- Lane-splitting is only permissible on highways and roads where traffic is moving slowly or stopped.
Even though lane-splitting is legal in California, many drivers do not respect the ability of motorcyclists to use this maneuver. They might make dangerous lane changes or even try to aggressively block motorcyclists from lane-splitting, often causing serious motorcycle accidents and injuries.
Who is Liable After a Lane-Splitting Accident?
Determining liability in a lane-splitting accident can be complex. In general, the same principles of negligence apply as in any other motor vehicle accident. The responsible party is typically the one who acted negligently, causing the accident. However, multiple parties can share liability in lane-splitting accidents, and wrongful blame of a motorcyclist is common.
If a motorcyclist is lane-splitting within the legal guidelines and another driver makes an unsafe maneuver, such as changing lanes without signaling or checking their blind spot, the other driver may be liable for the accident. Regardless, the driver will likely try to point a finger at the motorcyclist for being in between lanes, even if they were there lawfully.
If you feel a driver was at fault in your accident, you can seek compensation from their insurance, but it can be an uphill battle.
It's worth noting that rideshare or company vehicle-driven accidents might require the involvement of commercial motorist insurance. Liability can get more complicated when a commercial driver is involved in a lane-splitting accident.
Consulting a motorcycle accident attorney is always your best option. They can determine who is liable and oversee the legal process, challenging unfair allegations that you were to blame.
Lane-Splitting Accidents — Things You Must Know
Lane-splitting accidents can result in severe injuries and significant financial burdens. Understanding your rights and the necessary steps after a lane-splitting accident will help in the long run.
Here are some things you need to know:
Motorcycle Accident Statistics
According to national figures, motorcyclists are 27 times more likely to die in a traffic crash than passenger car occupants. Additionally, about 80 percent of reported motorcycle accidents result in injury or death. These statistics highlight the importance of being cautious and seeking legal advice after a motorcycle accident.
Protecting Your Rights
Motorcyclists often face misconceptions from other motorists, leading to accidents and unwanted confrontations. You can protect your rights by documenting the accident scene, gathering witness statements, and seeking immediate medical attention. Being mindful of your actions and preserving evidence can significantly impact the outcome of your case.
Speaking to a Motorcycle Accident Lawyer
If you have suffered an injury in a lane-splitting accident, it is in your best interest to speak with a lawyer who handles motorcycle accident claims in California. They can explain your legal rights, assess the strength of your case, and guide you through the process of seeking compensation for your injuries and damages. An attorney can also negotiate with insurance companies on your behalf to ensure you receive fair compensation.
How Can I Seek Compensation for My Injuries?
If you have been injured in a lane-splitting accident, you may be entitled to compensation for your injuries and damages. Seeking this financial recovery requires pursuing a third-party insurance claim and, in some cases, pursuing a personal injury lawsuit. Here are the ways you can seek compensation after a motorcycle accident:
Filing an Insurance Claim
Your motorcycle accident attorney will likely start by filing a claim with the at-fault party's insurance company. They will provide the insurer with all the necessary documentation, including medical records, police reports, and any other evidence related to the accident. The insurance company will evaluate your claim and offer a settlement.
It's important to note that insurance companies often undervalue claims, so having a lawyer review the settlement offer will ensure you never accept anything but fair compensation.
Uninsured Motorist Coverage
If the at-fault party doesn't have insurance or is underinsured, you may seek compensation through your own uninsured/underinsured motorist coverage. This coverage should protect you when the other party cannot adequately compensate you for your damages. However, you usually need a motorcycle accident lawyer to get the most from your insurance provider, so hiring one makes sense even for a first-party claim.
Injury Litigation
In some cases, you may pursue a personal injury lawsuit in civil court. This usually happens when insurance companies refuse to admit their policyholder’s liability, insist on blaming you (partially or completely), or simply refuse to make a reasonable settlement offer. A motorcycle accident attorney will determine if pursuing a lawsuit is the right course of action for your case.
The Most Common Motorcycle Accidents
Motorcycle accidents can occur in various ways, and some types of accidents are more closely associated with motorcycles. Understanding these common accidents can help you identify when negligence may have occurred and when consulting a motorcycle accident lawyer is essential. Here are the most common types of motorcycle accidents.
Left-Turn Accidents
These accidents occur when a motorist makes a left turn in front of an oncoming motorcycle. The motorist often fails to see the motorcycle or misjudges its speed, resulting in a collision.
Rear-End Collisions
Motorcycle riders are at a higher risk of rear-end collisions, as drivers may not maintain a safe following distance or may be distracted behind the wheel. These accidents can lead to serious injuries due to the lack of protection for the rider.
Dooring Accidents
This type of accident happens when a driver or passenger opens a car door without checking for approaching motorcycles. The motorcycle rider may be unable to avoid colliding with the open door, resulting in injuries and potential legal claims.
Head-On Collisions
Head-on collisions often occur when a motorist crosses into the opposite lane directly in the path of an oncoming motorcycle. These accidents can be devastating due to the speed and force involved.
If any of these or any other type of motorcycle accidents have happened to you, speak to a motorcycle accident attorney. They will identify your best legal options and pursue the compensation you deserve.
The Damages You Can Seek
A motorcycle accident claim will look to secure various damages to the victim. These damages can be economic, non-economic, and even punitive.
Economic Damages
Economic damages are costs such as lost earnings, property damage, medical expenses, and other out-of-pocket expenses directly related to the accident.
Non-Economic Damages
Non-economic damages cover less tangible outcomes, which are harder to measure: pain and suffering, emotional distress, loss of enjoyment of life, and other losses.
Punitive Damages
Punitive damages may be available in cases where the defendant's behavior was particularly egregious or reckless, such as road rage or aggressive driving. These damages aim to curb such behavior in the future.
Accident victims must realize that each case is unique, and the damages awarded will depend on the specific circumstances surrounding the road rage incident. A motorcycle accident lawyer will understand the potential compensation available.
Are You Still Suffering Pain After a Lane-Splitting Accident?
Motorcycle accidents can cause a wide range of injuries, both physical and psychological. Even after the physical wounds have healed, an accident victim may continue to suffer from pain and discomfort.
Some common symptoms experienced by motorcycle accident victims include migraines, chronic pain, post-traumatic stress disorder (PTSD), and brain fog.
If you are still suffering from pain and other symptoms after a lane-splitting accident, seek medical attention and document these issues. At the very least, documenting your injuries starts with a timeline of events to help your claim.
Additionally, an experienced attorney will understand the long-term impact of your injuries and work to ensure you receive adequate compensation to cover ongoing medical treatment and other damages.
Why Consulting a Motorcycle Accident Lawyer Will Help You
Facing the legal procedures after a lane-splitting accident can be challenging, especially when dealing with insurance companies and complex laws. Consulting a motorcycle accident lawyer can greatly enhance your chances of winning the compensation you deserve. Here are some reasons a lawyer can assist you:
Using Their Legal Knowledge
Motorcycle accident lawyers work extensively in this area of law and have in-depth knowledge of the legal process. They can assess the strength of your case, identify liable parties, gather evidence, and build a robust legal strategy.
Dealing with Insurance Companies
Insurance companies are focused on protecting their bottom line and may try to offer a low settlement or deny your claim altogether. An attorney can negotiate with insurance companies on your behalf, ensuring you receive fair compensation for your injuries and damages.
Maximizing Compensation
A motorcycle accident attorney will fight to maximize the compensation you receive. To develop a comprehensive claim, they will assess all potential damages, including medical expenses, lost income, pain and suffering, and long-term care costs.
Litigation Representation
A lawyer can represent you in court if a fair settlement cannot be reached through negotiation. They will advocate for your rights and present a strong case to secure the compensation you deserve.
Insurance Companies Often Undervalue Your Claim
You might be aware that insurance companies focus on minimizing their payouts, often leading them to undervalue claims. They may employ various tactics, such as stalling the claims process, challenging the extent of your injuries, or attempting to shift the blame onto you. Without proper legal representation, it can be challenging to navigate these strategies.
Working with an experienced motorcycle accident attorney can level the playing field and ensure your claim receives the attention it deserves. A lawyer will understand the tactics used by insurance companies and can effectively negotiate on your behalf, fighting for rightful compensation.
Call a Motorcycle Accident Attorney Today
If you have been involved in a lane-splitting accident in California, seek legal advice tailored to your situation. Speaking with a California personal injury lawyer will ensure you understand your rights and options moving forward. They will guide you over the legal hurdles, fight for fair compensation, and provide the support you need during this challenging time.
What's more, motorcycle accident lawyers typically work on a contingency fee basis, meaning you don't have to worry about upfront costs. They only get paid if they win your case, so there is no financial risk involved in seeking legal representation.
Contact an attorney near you to protect your rights and options moving forward. Seek the right help after a lane-splitting accident to ensure you receive fair compensation for your injuries and damages.
Don't hesitate to reach out to a motorcycle accident lawyer today for trusted advice and representation. They may change your life.
