Motorcycles & Lane Splitting
Lane splitting is what occurs when a motorcycle rider travels between two lanes of slowed or stopped cars. This usually happens during traffic jams. When an accident occurs during a lane splitting maneuver, whether or not the motorcyclist or driver will be held at fault will depend on whether or not lane splitting is legal in that state.
Is Lane Splitting Legal?
In most states, lane splitting is not legal, however, it is legal in California, and some other states, under the right conditions. But keep in mind that police and judges are free to interpret the legal conditions under which the maneuver was performed in any way they see fit. The state of California allows for “safe and prudent” lane splitting, which of course can be a matter of opinion.
Lane Splitting Accidents: Who is Liable?
Lane splitting is a major cause of accidents due to the dangerous proximity of the other vehicles to the motorcyclist, the slow speed needed to execute the maneuver, and the fact that few drivers of cars and trucks can effectively anticipate that a motorcycle will pass them along the white line in slowed or stopped traffic conditions.
When accidents do happen during a lane splitting maneuver, unfortunately, chances are that the fault will be consigned to the motorcycle rider. Should the court or insurance adjuster find- or believe- that the motorcycle rider behaved carelessly, then the rider is almost certain to shoulder all if not most of the liability.
On the other hand, if the motorcycle rider can successfully convince the court and insurance adjuster that the other driver made a significant contribution to the accident, then the rider may receive compensation. This can occur in cases where the car or truck was weaving, changing lanes, or using a cellular phone when the collision took place.
Unfortunately, significant prejudice exists against those who ride motorcycles. Many judges, police, and others assume that anyone who rides a motorcycle has disregard safety, and is, therefore, more likely to have acted carelessly. For this reason, if you are a motorcycle rider, you will have to take special care to defend yourself legally before and after an accident. If you are involved in a lane splitting accident, you should use a police report and witness statements to support your story.
Lane Splitting Safely
If you do intend to split a lane, be sure it is not prohibited in the state you live in, and always take care to be sure that you do it in a responsible and safe manner. Doing so is your best, and possibly only, defense against being assigned liability after an accident. If you are involved in an accident, any indications of your safe riding will make you more likely to avoid being held at fault for the collision.
To ride more safely while lane splitting, observe these precautions:
- Be alert to your surroundings and the vehicles around you.
- Keep your headlights on and wear bright, reflective clothing.
- Enter the space between lanes cautiously- wait until the cars of both lanes have slowed.
- If one of the two lanes is moving faster, drivers are more likely to switch lanes unexpectedly. They may hit you without warning in the process.
- Be more cautious than usual when traveling in another vehicle’s blind spot.
- Ride only slightly faster than the traffic flow. Never zoom by slow moving or stopped cars.
- Look for warning signs that a driver may plan to change lanes.
- Honk when cars get too close together. Wait until the distance between cars is wide enough to safely to pass through.
- When traffic speeds reach 30 mph, stay in your lane.
