Lane-splitting accidents are complex collisions in California. Determining who is at fault can be difficult and often depends on a variety of factors. If you are wondering who is responsible for your lane-splitting collision, continue reading and consult with a San Mateo County, California motorcycle accident lawyer today.
What is Lane Splitting?
Under California law, lane splitting means operating a motorcycle between rows of stopped or moving vehicles in the same lane, including on both divided and undivided roads. Essentially, it occurs when a motorcyclist rides between two lanes of traffic traveling in the same direction. You may have seen a motorcycle rider driving on the dotted line between two cars to pass. This is known as lane splitting.
California is the only state where lane splitting is explicitly legalized and regulated. Although it is allowed, it can also be incredibly dangerous and result in accidents and injuries.
Who is Responsible for a Lane-Splitting Motorcycle Accident in CA?
Lane splitting can be extremely dangerous, as cautioned by the California Highway Patrol, and often results in collisions and serious injuries, especially for the motorcyclist who is not protected by the body of a vehicle or airbags.
Fault in a lane-splitting accident is based on whether either party acted negligently and violated the duty of care they owe others to operate their vehicle safely. Either the motorcyclist or the driver of another car or vehicle can be held liable, depending on the details of the situation.
For example, suppose the motorcyclist was lane splitting legally and a driver suddenly changed lanes without signaling or checking their blind spots, causing an accident. The driver will likely be considered liable for the resulting damages as they failed to exercise reasonable care when operating their vehicle.
However, suppose the motorcyclist was speeding and traveling significantly faster than the vehicles around them. While weaving in and out of traffic recklessly, a driver turned their blinker on, checked their surroundings, and began to change lanes. They did not notice the motorcyclist who was weaving in and out of another lane, but sped up to cut in between the car and another vehicle. If a collision occurred, the motorcycle rider would generally be held responsible, as they were disobeying traffic laws and splitting lanes unsafely.
How to Stay Safe While Lane Splitting
Lane splitting should be done only while exercising extreme caution and by experienced riders. If you are unsure whether it is safe, do not participate in this practice. Some tips for staying safe while lane splitting include the following.
- Avoid lane splitting next to large vehicles
- Avoid riding in a vehicle’s blind spot or lingering between vehicles to ensure you are always seen
- Do not ride on the shoulder, as it is not considered lane splitting
- Be aware of your speed compared to the speed of the vehicles around you
- Consider the width of the lanes
- Consider the weather and lighting conditions
If you are a motorcyclist, it is imperative that you take extra precautions when lane splitting, and if you are a driver, it is important to share the road with bikers. For more information and legal advice, reach out to a skilled attorney today.