Proving Liability In A Motorcycle Accident Involving Lane Splitting

According to National Statistics, fatalities involving motorcycle accidents have been steadily rising since 1997. The numbers range from 2,116 deaths on that year, to an all-time high of 5,290 deaths last 2008.

This is excluding about 85,000 riders suffering from various injuries caused by motorcycle accidents.

These statistics show that per mile travelled, a motorcycle driver is 37 times more likely to be killed in a traffic collision compared to a person riding a car.

It just takes one bump for a motorcycle to be sent across the pavement along with its driver.

Lane Splitting

One of the most debated upon cause of motorcycle accident deaths and injuries is the practice of lane splitting.

Lane splitting is a motorcycle maneuver where the bike drives between two lanes of slowly moving or stopped vehicles.

To note, although lane splitting is not recognized as a legal maneuver, it not specifically prohibited by law.

In California, the state does permit lane splitting, but it has to be performed in a safe and prudent manner where
none are placed in danger.

That standard though is very much up to the interpretation of both the attending police officer and judge.

Risk of Lane Splitting

Some experts argue that lane splitting is a prime cause for motorcycle accidents as a result of the close proximity of the vehicles involved.

The reduced space leaves little room to recover especially in high speeds.
Lane splitting may also places drivers on other vehicles blind spots where they would not be able to spot the motorcycle in time to avoid collision.

Liability in Motorcycle Accidents involving Lane Splitting

Although lane splitting is legal, there is a very good chance that if a motorcycle accident occurs that involves lane splitting that the liability may fall on the motorcycle driver.

There are also biases against lane splitting as most car drivers view it as a dangerous maneuver. If a jury is formed with this type of bias, then the motorcycle driver will find that the decision will be against him.

What the motorcycle driver should do is prove that the other driver either caused the accident or contributed to the occurrence of the collision.

The motorcycle driver may argue that the car driver was changing lanes or was swerving.

It can also be argued that the car driver was distracted before the collision. He may be texting or calling on a mobile phone, eating, etc.

The following will also help the motorcycle driver prove his claim:

The motorcycle was riding carefully and not running on high speed.
The motorcyclist is an experienced driver.
The motorcyclist has taken a motorcycle riding safety class.
The car driver performed a maneuver that is more dangerous than lane splitting.

For more help in your case, you should consult a motorcycle accident attorney.

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