California is now the only state in the United States in which it is legal for motorcycle riders to lane split. There are 37 states throughout the country that have laws against lane splitting, and the other 12 have no law at all. In California, lawmakers decided that reducing traffic and congestion via lane splitting had a bigger impact than any accidents that may occur.
Additionally, some studies have shown that when a motorcycle accident does occur during lane splitting, the motorcyclist has 50% lower chance of dying or suffering a catastrophic injury compared to a motorcyclist who is not lane splitting. While studies are currently inclusive about whether or not lane splitting causes more accidents overall, many claim the practice is good for everyone involved.
In the personal injury field, many attorneys have been looking at one interesting aspect of these situations: Who is legally responsible when an accident occurs? As is true of most accident cases, the answer is not simple. Read on to learn more and then feel free to contact Law Offices of Fernando D. Vargas at 909-982-0707 if you would like a free legal consultation.
Rules of the Road for Lane-Splitting Motorcyclists
According to California Vehicle Code, it is legal to lane split as long as the road has been divided into at least two clearly marked lanes for traffic traveling in the same direction. However, motorcyclists do have to follow some laws in order to be legally lane splitting. They must consider the environment, such as weather and lighting, and they must not lane split around larger vehicles such as trucks.
They are required to avoid blind spots, they must be riding below the posted speed limit, and they can only split between the far left lanes of traffic. They must wear bright and reflective clothing in an effort to ensure they are visible to other divers. If they do not follow these rules, then they could be found negligent and at fault for an accident.
Rules of the Road for Other Drivers During Lane Splitting
If a motorcyclist follows the rules as outlined above and an accident happens, does that automatically mean that the other involved driver is at fault? Not necessarily. However, the driver could be found at fault if they purposely get in the path of the lane split motorcyclist, are driving while distracted, change lanes without using a turn signal, are speeding, do not look for lane splitting cyclists before they change lanes, open a car door to stop a motorcyclist from splitting, or do not give the rider enough room to pass by.
If you have been involved in an accident with lane splitting, we encourage you to reach out to a personal injury attorney to find out what your rights are. You can talk to Law Offices of Fernando D. Vargas via free consultation by calling our offices at 909-982-0707.
