In a motorcycle lane-splitting accident, either the driver or the motorcyclist can be liable for the accident, depending on the circumstances of the crash. While splitting lanes is legal in California, it should be done with the utmost caution.
Read on to learn about motorcycle lane-splitting accidents in Norwalk and how to protect your legal rights.
What Does It Mean to Lane Split?
Lane splitting refers to riding a motorcycle between two lanes of stopped or moving traffic. When splitting lanes, the motorcycle should navigate between cars on the same or nearby roads.
Moreover, lane splitting usually takes place in the space where the white traffic lines are placed on the pavement. Motorcyclists and bicyclists also split lanes in congested areas where traffic is slow or at a standstill.
Lastly, lane splitting is often interchanged with lane sharing and filtering. However, these three concepts differ in the following ways:
- Lane filtering happens when a rider navigates between traffic that is either stopped or moving slowly.
- Lane sharing refers to the practice where multiple motorcycle or bicycle riders travel in the same lane, either beside each other or in close formation.
Is Lane Splitting Legal in California?
While some states allow lane filtering, only California permits lane splitting for motorcycles. The state then defines lane splitting under Assembly Bill No. 51 as the operation of a motorcycle with two wheels in contact with the ground, maneuvering between rows of stationary or moving vehicles within the same lane. This includes situations on divided and undivided streets, roads, or highways.
Furthermore, lane splitting in California should only be done when safety permits and no faster than 10 miles per hour over the speed of the surrounding traffic.
Since California is the only state that allows lane splitting, most people ask why they did this. According to California Highway Patrol Motorcycle Officer Brian O’Toole, lane sharing has been a consistent practice in California since motorcycles first began using freeways, making it crucial to establish specific regulations.
Aside from this, it reduces the time spent on the freeway, benefiting both motorcyclists and four-wheel motorists. As motorcycles navigate through and split the lanes, there is one less vehicle occupying that lane.
How to Safely Split Lanes
While permitted, lane splitting can pose risks to road users, especially when done dangerously. This is why the California Highway Patrol sets safety guidelines for motorcycles when splitting lanes:
- Maintain a moderate speed differential. Ideally, to maintain a safe and controlled maneuver, go at most ten mph over the speed of the surrounding traffic.
- Make yourself visible to other drivers. Before changing lanes, signal your intentions and use your motorcycle’s headlights.
- When driving in stopped or slow-moving traffic, use caution. Watch for any unexpected movements from other cars, and be ready to respond fast.
- Make sure your motorcycle is entirely within your control. If there is too little room or you don’t feel comfortable, don’t split lanes.
- Anticipate the actions of the driver.
- Check your mirrors frequently to remain aware of the vehicles around you. Be mindful of potential threats and pay attention to blind areas.
- Choose lane splitting to occur when traffic is moving slowly, roads are open, and visibility is good. When the weather is bad, avoid lane splitting.
- Be prepared for other drivers’ actions. Look for brake lights, signals, and any other indications that a car might change lanes or suddenly move.
- Always be ready to brake fast. Observing the traffic ahead and maintaining a safe distance behind is essential.
What Do I Do If I’m Involved in a Motorcycle Lane-Splitting Accident?
If you are involved in a motorcycle lane-splitting accident, there is a chance that you will incur injuries from the crash. In such cases, you may follow the steps below to ensure your safety and protect your legal rights in case of a personal injury claim:
- Stay calm.
- Call 911 or contact the Norwalk Police Department.
- Check yourself for injuries sustained in the collision.
- Seek prompt medical care at the nearest hospital in Norwalk.
- Gather evidence at the accident scene, including the other driver’s contact details, photographs of the collision, and statements from witnesses.
- Cooperate with law enforcement officials.
- Seek advice from a Norwalk motorcycle accident attorney to assist you in filing your car accident claim.
Can I File a Claim for a Motorcycle Lane-Splitting Accident in Norwalk?
Generally, you may file a motorcycle accident claim for a collision if it results from another driver’s negligence. As such, negligence in a motorcycle crash can be defined by these four elements:
- The driver must ensure everyone’s safety, including yours.
- They failed to fulfill this duty.
- The breach resulted in an accident.
- The crash caused injuries and other damage.
While it is possible to claim compensation through a motorcycle accident claim, a vehicle that hits a motorcycle while lane splitting might pose questions about who is liable for the accident.
Who Can Be Responsible?
A vehicle driver can be responsible for the collision if they negligently acted, leading to a crash. For example, a motorcyclist was lane-splitting in slow-moving traffic while following safety measures. Unfortunately, a driver conversing with a passenger failed to see the oncoming motorcycle and made a quick turn. As a result, they collided.
In this scenario, the vehicle’s driver should pay for the damages from the crash since they were guilty of distracted driving that caused the collision.
On the other hand, motorcyclists can also be held accountable for the motorcycle crash if their actions caused it. For instance, they decided to split lanes since the traffic was slow-moving. While legal, they were going 10 miles per hour over the speed of the surrounding vehicles. Unfortunately, they struck a car that halted in the traffic since they were moving too fast.
In this case, the motorcyclist should be liable for the damages from the crash.
Determining the culprit in a motorcycle lane-splitting accident can be confusing. While allowed, lane splitting can be dangerous. This can cause both parties to question their liability in a specific situation. In this instance, it is best to hire a Norwalk personal injury lawyer to assess the situation’s facts and determine the party responsible for the damages.
Lawyer’s Tip: If you and the driver are responsible for the crash, you may still pursue a motorcycle accident claim to receive compensation for the damages. However, the court will reduce your settlement depending on how much you contributed to the collision.
What Damages Can I Include in My California Car Accident Claim?
You can pursue a personal injury claim to seek compensation for damages based on your situation. In motorcycle lane-splitting accidents, these damages usually cover:
Economic damages, which encompass measurable financial losses like:
- Medical expenses incurred before the victim’s passing
- Lost income
- Financial support is no longer available
- Lost inheritance
- Funeral and burial costs, and more.
Non-economic damages address the emotional or psychological impact, including:
- Pain and suffering
- Emotional distress
- Post-Traumatic Stress Disorder
- Loss of companionship
- Loss of emotional support
- Loss of protection, among others.
Punitive damages are a financial penalty against the at-fault driver for their reckless behavior in causing the accident.
Quantifying non-monetary losses can be challenging, especially if you have limited knowledge about personal injury claims. A Norwalk motorcycle accident attorney will assess all potential areas for coverage, aiming to secure the highest possible settlement for you.
How Can a Norwalk Personal Injury Lawyer Help Me?
Accidents involving motorcycles that split lanes may be challenging to handle. While securing compensation for the damages is possible, the other party may argue that you are partially responsible since you split lanes during the collision.
In such an instance, a Norwalk personal injury lawyer has the expertise to understand the details of your accident and prove liability by gathering sufficient evidence. They can also do the following to ensure a successful claim:
- Collect evidence to strengthen your case.
- Determine liability on the part of the accountable party.
- Assess the full extent of damages.
- Engage in communication with the insurance company.
- Commence legal proceedings when required.
Why Choose Norwalk Motorcycle Accident Attorneys from Jacoby & Meyers
At Jacoby & Meyers, we are steadfast in our commitment to helping victims of accidents secure the justice they deserve. Our dedication extends to contributing to our communities by facilitating access to essential medical care for those impacted by accidents.
Our legal team has optimized an efficient process to ensure that you are well-informed about your legal rights and receive the justice to which you are rightfully entitled. Our team of dedicated legal professionals provides exceptional service by:
- Maintaining transparent and open communication throughout your entire case.
- Skillfully negotiating with insurance companies to secure fair and just compensation on your behalf.
- Assisting in coordinating appropriate medical treatments as recommended by your healthcare provider.
- Providing support for any other concerns related to your accident to alleviate your worries.
- Safeguarding your legal rights by establishing liability, assessing the extent of damages, and staunchly advocating for your claim.
We offer a complimentary consultation where you can receive legal guidance from Norwalk personal injury lawyers. To explore your legal options, contact us at 800-500-0000.
Jacoby & Meyers. Because You Deserve Justice.
Hear From Our Past Clients
While many legal firms make similar claims, we can offer solid legal support to our clients. As a result, we invited our previous clients to share their positive experiences with our legal services.
“Very helpful law firm. Adrianna Moltalvan was very much helpful and always answered any questions I had. Very happy with the service they provide.”
-Alphonso
Works Cited
“California Motorcyclist Safety.” California Highway Patrol. Accessed 19 December 2023.
Kurzweil, Tony. “Why motorcycle lane splitting is legal in California.” KTLA, 12 November 2021. Accessed 19 December 2023.
“lane splitting.” California Legislative Information. Accessed 19 December 2023.
Padway, Spencer. “Motorcycle Lane Splitting: Guide and State-by-state Laws (2024).” Motorcycle Legal Foundation, 10 November 2023. Accessed 19 December 2023.