How Lane Splitting Can Affect Liability for a Motorcycle Accident

Lane splitting, lane filtering, and related practices are very controversial. These practices allow motorcycles to ride between other vehicles moving in the same direction, essentially riding on or near the edge of the lane. For that reason, lane splitting is also called white-lining or stripe riding.

This practice is common in Europe and is praised as a way to reduce traffic and vehicle emissions. Proponents believe it is safe because motorcyclists are more readily visible. However, opponents insist it is unsafe, and most U.S. states prohibit the practice.

California is the only state that allows lane splitting with minimal restrictions. But even so, there is the potential that the practice could affect liability if a rider is injured in a motorcycle accident.

Understanding the Terms

Lane splitting and lane filtering are distinct practices, yet they are often lumped together under the same label. Motorcyclists are lane splitting when they ride between vehicles that are moving. Lane filtering involves riding between rows of stopped vehicles, such as at a stoplight or in heavy congestion.

A few states in the U.S. now allow lane filtering and lane splitting at very low speeds. California’s lane-splitting law, Section 21658.1 of the Vehicle Code, defines lane splitting to include riding between moving or stopped vehicles.

Guidelines for Safety

While lane splitting is legal in California, that does not mean it is always safe. Riders will be judged by their conduct and their decisions about when and how they choose to ride between other vehicles.

The California lane splitting law specifies that the California Highway Patrol may develop safety guidelines for lane splitting, in conjunction with other departments, including the Department of Motor Vehicles, the Department of Transportation, the Office of Traffic Safety, and other safety organizations.

The lane-splitting safety tips published by the Highway Patrol start off by warning that lane splitting can be dangerous and that it should not be undertaken by inexperienced riders. Riders are warned that:

• The risks increase as the speed goes up
• The risks increase as the differential in speed between the motorcycle and other traffic increases
• It is important to consider factors such as lane width, the size of other vehicles, lighting conditions, weather, and road surface conditions.
• They should avoid lane splitting next to large trucks, buses, and motorhomes
• It is generally considered safer to split between the far left lanes
• They should wear gear that is bright colored or reflective to make themselves more visible
• They should use their high beams during daylight to make themselves more visible

Other organizations have issued additional safety recommendations. For instance, the Motorcycle Industry Council cites a study conducted by UC Berkeley showing lane splitting to be safe if traffic is moving at less than 50 miles per hour and motorcyclists are not going more than 15 miles per hour faster than the vehicles they are passing. Some organizations suggest that lane splitting should be undertaken only when the speed of surrounding traffic is 30 mph or less, and that the speed differential should be no more than 10 mph.

When Lane Splitting Could Be Considered Negligent

When two or more people are involved in a motor vehicle accident, fault is apportioned between them. For instance, one driver might be 30% at fault for driving too fast for conditions, while the other driver was found to be 70% at fault for changing lanes without looking at traffic in the next lane. Everyone is judged by their conduct. If someone is hurt and their conduct is part of the reason that the injuries occurred, then California’s comparative negligence law allows the injured person to recover some, but not all, of the damages. The injured person’s damage award would be reduced by their share of fault.

So, if a motorcyclist was not behaving responsibly while lane sharing, that could be considered comparative negligence, which could reduce the amount of recovery for injuries in an accident. Negligent practices might include splitting lanes around large trucks, riding much faster than the traffic around them, weaving aggressively between cars, or lane-splitting when the road is too narrow for safety.

When lane-splitting is performed unsafely, it can reduce the amount an injured motorcyclist receives after an accident. If a judge determines that the negligent lane-splitting was the sole cause of the accident, the motorcyclist would not be able to recover any compensation, no matter how badly they were injured.

A Knowledgeable Attorney Can Help Injured Motorcyclists Recover Compensation After an Accident

Many motorists do not realize that lane splitting and lane filtering are allowed in California, even though they’ve been legal practices for close to a decade. Some drivers dislike the practice regardless of legality. So this can create a bias against a motorcyclist who was lane splitting at the time of a collision.

An injury attorney can work to overcome this bias and to establish that another driver was liable for causing the accident by gathering and persuasively presenting evidence. For instance, an attorney might be able to present witness accounts demonstrating that the motorcyclist was following accepted safety practices while lane-splitting. An attorney could also seek footage from traffic, dash, and security cameras showing the drivers’ actions before and during the accident. An analysis of the police report, photos of the accident scene and vehicle damage, and other evidence can be leveraged to show why lane splitting did little to cause or worsen the accident.

We Fight for Maximum Compensation for Motorcycle Accident Victims

If you’ve been injured in a motorcycle accident, it is important to understand the long-term effects of your injuries before you accept a settlement. It is not possible to gain that understanding overnight—it takes time. You have the best chance of obtaining full compensation for your losses when you work with an attorney who is prepared to take the time to fully develop your case. At the Law Offices of Benjamin Arsenian, PC, we limit the number of cases we work on at any one time so that we can give each client the attention they deserve. We know how the insurance companies and big law firms work, and we choose to operate differently. To learn about the ways we can assist after your motorcycle accident, call us at 714-400-2000 or contact us online today to schedule a free consultation.