Insurers love to blame motorcyclists involved in lane splitting crashes to lower their payouts and protect their profits. However, it’s important to understand the legality of lane splitting. California traffic laws state that lane splitting is legal. In fact, California is the only state that legally permits lane splitting.
Although lane-splitting motorcyclists are within their rights to engage in this practice, you should understand lane splitting in California and how to abide by the rules correctly to avoid an accident.
However, if you wind up in an unfortunate situation, knowing the laws can help you fight the other party’s insurer and get the compensation you deserve.
What Is Lane Splitting?
In slow or stalled traffic, lane splitting is a maneuver that motorcyclists can legally use in California to get around slow-moving vehicles. California’s lane splitting laws define it as driving a motorcycle between rows of stopped or moving cars in the same lane moving in the same direction.
Lane splitting is different from lane filtering, which is also permitted, though it involves primarily engaging in this practice when traffic is at a standstill. Motorcyclists are legally allowed to lane split on both divided and undivided streets.
However, just because the law allows it doesn’t mean this maneuver is right in every situation. You must be careful while lane splitting, as many motorists may not see you, leading to a motorcycle accident.
Is Lane Splitting Legal in California?
California Vehicle Code Section 21658.1 defines the lane-splitting laws. This section allows the California Highway Patrol to develop educational guidelines on lane splitting to keep everyone safe. Developing guidelines on lane splitting by a motorcycle organization focused on road safety is an encouraged practice, primarily because it helps reduce traffic congestion.
When motorcyclists split lanes, fewer vehicles occupy lanes, thereby boosting traffic flow by decreasing everyone’s time in traffic. However, just because lane splitting is legal in California doesn’t mean that you are allowed to rocket through traffic congestion at high speeds.
Lane splitting must be done only when the surrounding traffic is going 40 mph or less. Additionally, anyone engaging in lane splitting must go at most 10 mph faster than the surrounding vehicles and be aware of these speed limits.
Lane sharing, which is similar and has motorcyclists riding in the same lane, is also allowed, though this does not mean you are permitted to weave in and out of the carpool lanes. When an opening is provided, motorcyclists may only engage in lane sharing on either side and cross when there is a broken line granting entry or exit.
If you plan to lane split, you must follow the rules. If you get into an accident while lane splitting and you did not adhere to California laws related to this practice, the insurance company will jump at the chance to hold you partially liable for your injuries.
Is It Dangerous to Lane Split?
Many people wonder if lane splitting is dangerous, but the answer is complex, depending on each situation.
Some applaud the legality of lane splitting in California as a step in the right direction for motorcyclist safety. Since it can alleviate traffic congestion, plenty of people are asking for motorcyclists to split lanes.
However, lane splitting at high speeds is most certainly a dangerous practice. Motorcyclists should gauge surrounding traffic and only split lanes at appropriate speeds rather than at higher speed differentials and in the right circumstances. For example, riding on the shoulder to get around congested traffic is not considered lane splitting but rather an illegal action.
Negligent lane splitting can put motorcyclists in greater danger. Additionally, motorcycle riders should be aware that even at proper speed limits, lane splitting can lead to an accident. Drivers of other motor vehicles on the road may not be paying attention or could be startled when a rumbling motorcycle passes by. It is often best to only split lanes in the far left lanes and exercise reasonable caution when moving between two lanes when larger vehicles such as trucks and buses are present.
Lane Splitting Legal Liability
Even though lane splitting is legal, when a lane split leads to an accident, issues can arise. California lane splitting reduces traffic jams and improves traffic flows, but gives rise to legal woes after a motorcycle collision.
While it is permitted and legal, insurance companies still tend to cite motorcyclist behavior for splitting lanes as reckless driving. Lane splitting safety may become an issue in a personal injury claim when blind spots may have prevented other drivers from seeing the motorcyclist.
There are also concerns with fault since a motorcyclist may share a lane with a passenger vehicle. Insurers may argue that the car driver had the right of way since they were in the lane first. Despite California lane splitting laws in place, you will most likely be blamed even when you use extreme caution, follow the speed limit to align with other traffic, and abide by the rules. You must get an experienced attorney who will stop at nothing to protect your legal rights.
Safety Tips to Avoid Fatal Injury on a Motorcycle
When you ride a motorcycle, you must be vigilant in your every move to watch out for other motorists. Always wear a helmet to protect yourself, and consider other protective gear, especially reflective clothing, that can make you stand out as you move between vehicles in other lanes.
While other vehicle drivers should be paying attention to you, that is often different. They may be distracted, drunk, or behaving recklessly. Fine-tune your defensive driving skills and be prepared to maneuver to avoid an accident.
Additionally, obeying the rules of the road will help. It may not prevent you from getting into an accident, but it can help you in your motorcycle accident case. After an investigation and the gathering of evidence, it will be easier to prove that you were following the laws while the at-fault motorist was not. Protect yourself with safety gear, follow the rules, and hire an attorney to stand up for you.
What Happens If You Get into a Lane Splitting Accident?
Even if you avoid splitting lanes, you may still wind up in an accident while riding your motorcycle. Other drivers often fail to notice those riding motorcycles because they are smaller, and when changing lanes, they may crash into you.
Follow these steps to ensure the accident is documented, you receive the care you need, and the right people are held accountable.
Call the Police to Report the Lane-Splitting Accident
You should always call the police after an accident, whether you were lane splitting or not at the time. When officers arrive at the accident scene, they will create a police report that details their findings. They will also summon emergency medical services to treat injuries.
Most motorcyclists will sustain injuries in these events since there is much less to protect you from other vehicles and the impact on the road.
Seek Immediate Medical Care After a Motorcycle Accident
Make sure you have a complete medical evaluation, even if you think you only have a couple of scrapes and bruises. You might have hidden injuries, such as damage to your internal organs or a traumatic brain injury that may not have apparent symptoms immediately following the crash.
These conditions can quickly become life-threatening, and getting prompt treatment will ensure you have medical records that prove your injuries occurred on the same day as your accident.
Document the Details of the Lane-Splitting Accident
It’s not always possible for motorcyclists to gather evidence immediately after the accident. When your injuries are severe, you’ll be transported to the hospital, likely before you have a chance to take any photos or speak to witnesses who saw what happened.
Call a Lawyer Experienced in Motorcycle Accident Litigation
The most crucial step to take is contacting a car accident lawyer in Los Angeles. An attorney who is familiar with the legality of lane splitting in the state and other laws that govern the roads is your best advocate to get a full and fair settlement from the insurance company.
David Azizi Will Fight for the Compensation You Deserve
Insurance companies tend to blame motorcyclists for being risk-takers, and you need someone on your side who will use the evidence to show you were following the laws when your accident occurred. Most motorcyclists who try to negotiate with insurers on their own are offered low settlements due to the pure comparative negligence rule that issues partial blame and reduced compensation. Even worse, many more are denied compensation based on unfair biases.
Azizi Law Firm fights for victims with fierce advocacy for what is right under the law. If you have been in a motorcycle accident, schedule a free consultation to get the help you need standing up to large insurance companies.
