Lane splitting - riding between lanes of slow or stopped traffic - is legal in California and increasingly permitted or tolerated elsewhere. When lane splitting accidents occur, complex legal questions arise about fault, negligence, and compensation. Understanding these issues helps motorcyclists protect their rights.
Lane Splitting Laws by State
California is the only state that explicitly legalized lane splitting. Under California Vehicle Code Section 21658.1, motorcyclists may lane split when it's safe to do so. The California Highway Patrol provides guidelines suggesting safe lane splitting at moderate speeds in slow traffic.
Several states including Utah, Montana, and Arizona now permit lane filtering - passing stopped vehicles at intersections - with various restrictions. Other states are considering similar legislation as studies show safety benefits.
In states without explicit permission, lane splitting occupies a legal gray area. Some states prohibit it outright, while others neither permit nor prohibit it, leaving courts to determine fault case by case.
When Lane Splitting Accidents Occur
Common lane splitting accidents happen when drivers change lanes suddenly without checking mirrors or signaling, striking motorcyclists riding between lanes. Even at low speeds, these collisions knock riders down, causing injuries from impact and sliding.
Car doors opening into traffic lanes cause accidents when passengers exit without checking for approaching motorcycles. Driver inattention or road rage - deliberately moving to block lane splitters - also causes crashes.
Accidents also occur when motorcyclists split lanes at excessive speed or in conditions unsuitable for the practice, giving them insufficient time to react to changing traffic conditions.
Fault Determination in California
In California, lane splitting accidents use comparative negligence to allocate fault between parties. The motorcyclist's actions are evaluated against CHP guidelines - splitting at safe speeds, in appropriate conditions, with due care.
Drivers who change lanes without looking, cross multiple lanes quickly, or open doors without checking bear fault for striking lane-splitting motorcyclists. The motorcyclist's legal presence between lanes doesn't excuse driver negligence.
Factors affecting fault include relative speeds, traffic conditions, lane positions, and whether either party acted unreasonably under circumstances. Accident reconstruction often determines these details.
Lane Splitting Claims in Other States
Where lane splitting is illegal, motorcyclists may still recover damages if the other driver's negligence was greater than their own. Contributing negligence reduces recovery but doesn't necessarily eliminate it in comparative fault states.
Your attorney argues that driver negligence - failing to check mirrors, sudden lane changes, aggressive driving - caused the accident regardless of whether you were technically lane splitting. The driver's duty to avoid hitting other vehicles doesn't disappear because a motorcycle is between lanes.
In contributory negligence states like Virginia and Alabama, any lane splitting may bar recovery entirely. Understanding your state's fault rules is critical before pursuing claims.
Proving Driver Negligence
Evidence that the driver caused the accident includes witness testimony about sudden lane changes, failure to signal, or aggressive behavior. Dashcam footage from other vehicles may capture the moment of impact.
Physical evidence helps determine fault. Damage patterns showing impact to the motorcycle's front versus side indicate whether the motorcycle struck a turning vehicle or was struck while riding normally.
Cell phone records showing the driver was texting or calling at the time of the accident establish distraction. Police reports noting the driver's failure to yield support negligence claims.
Defending Against Contributory Negligence
Defendants argue motorcyclists contributed to accidents by riding too fast for conditions, splitting where unsafe, or failing to ride defensively. Your attorney counters with evidence of reasonable riding practices.
In California, following CHP lane splitting guidelines supports claims of reasonable conduct. Splitting at moderate speeds when traffic is slow demonstrates appropriate care.
Witness testimony about your safe riding before the crash - steady speed, centered position, alert demeanor - rebuts claims of reckless behavior.
Injuries in Lane Splitting Accidents
Even at low speeds, lane splitting accidents cause significant injuries. Being knocked from the motorcycle between closely spaced vehicles can result in riders being run over by adjacent traffic.
Common injuries include fractures to hands and arms (from bracing against falls), leg injuries from being pinched between vehicles, road rash from sliding, and head injuries despite helmets.
Medical documentation of injuries from the accident date is crucial. Prompt treatment establishes the link between the crash and your injuries.
Insurance Company Tactics
Insurers frequently deny lane splitting claims entirely, arguing the motorcyclist assumed the risk or was entirely at fault. These blanket denials often don't reflect actual fault allocation.
Adjusters may claim lane splitting is always illegal (false in California) or always reckless (also false). Don't accept these assertions without legal advice - fault depends on specific circumstances.
An experienced motorcycle attorney knows how to counter insurer tactics and demonstrate that driver negligence caused or contributed to the accident.
Protecting Your Lane Splitting Claim
Document the accident scene thoroughly - traffic conditions, your lane position, and damage patterns. Get witness contact information, especially from other riders who saw the incident.
Report the accident to police. Having an official report documents the incident and may include useful observations about fault.
Consult a motorcycle accident attorney before giving statements to insurers. Your words can be used to establish contributory negligence. Let your attorney handle communications and build your case.