How Can Lane Splitting Affect Motor Vehicle Accident Claims?

California is still the only state where lane splitting is legal, but it remains controversial. Proponents say it decreases traffic congestion, but detractors say it increases risks of motorcycle accidents.

The California Highway Patrol (CHP) defines “lane splitting” as riding between lanes of stopped or slower-moving traffic or moving between lanes to the front of traffic stopped at a traffic light. It’s also called “white lining” because the rider typically moves between two rows of vehicles.

Since the practice is legal, California insurance companies cover most lane-splitting accidents. If you’re involved in a crash, here are several factors for strengthening your personal injury claim.

Who’s entitled to damages?

Since California is a pure comparative fault state, a plaintiff can claim damages even if they are 99% at fault. Police and insurance investigators determine fault, and one or several parties can be found negligent.

You’ll likely have a strong case for compensation if you can prove:

• You got hurt
• The other party or parties had a duty of care for your safety
• The other party was negligent
• Their negligence caused your injuries

Pure comparative fault assigns percentages of liability for each party. For example, if you were 30% at fault for the crash and sustained $50,000 in damages, the maximum amount you can recover is $15,000.

Laws that may bolster your case

A host of California traffic laws can strengthen your personal injury claim and prove the other party’s negligence. The CHP recommends that riders be aware of the following laws from the California Vehicle Code:

• 21658 CVC – Unsafe lane change or lane straddling: Criminalizes weaving inside a traffic lane or driving over a marked line
• 22350 CVC – Unsafe speed for conditions: Criminalizes driving faster than is safe given driving conditions as a result of factors such as weather, visibility and traffic
• 21703 CVC – Following too close: Criminalizes tailgating
• 23103 CVC – Reckless driving: Criminalizes willful or wanton disregard for the safety of persons or property
• 2800.1 CVC – Attempt to evade: Criminalizes fleeing from or trying to elude an officer

Knowing how liability is assessed can help you strengthen your claim. Discuss these factors with your lawyer and insurance carrier to determine whether you’re taking the necessary steps to secure compensation.

The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.