Can I Win a California Motorcycle Accident Claim Even If I Was Splitting Lanes?

Nobody likes sitting in California’s standstill traffic and many will take drastic measures to avoid it. Motorcyclists in the state often take advantage of their smaller size and try to maneuver through stopped vehicles on roadways by splitting lanes. Unfortunately, this often leads to accidents, injuries, and fatalities – over 400 motorcyclists died on California’s roadways in 2017. When these collisions happen, many times drivers will try to argue a motorcyclist shouldn’t recover because the behavior is negligent – however, this is not always the case. Let’s look at lane splitting, the risks, and how motorcyclists may be able to recover for all their injuries with the help of a skilled California Motorcycle Accident Lawyer.

What Is Lane Splitting?

California is the only state that specifically permits the controversial practice of lane splitting, which is driving a motorcycle between rows of stopped or moving vehicles in the same lane – including on both divided and undivided roadways. Lane splitting allows motorcyclists to avoid becoming trapped by other vehicles, being rear-ended, and inhaling excess amounts of exhaust. Though it is legal, lane splitting carries risks of motorcyclists being injured because drivers often try to switch lanes without checking mirrors and blind spots or illegally enter and exit carpool lanes from standstill traffic even when double yellow lines are present.

How Do I Win a Case if I Was Lane Splitting and Involved in an Accident?

In personal injury cases, an injury victim may recover if someone’s negligence caused their injuries. You must show that another party breached a legal duty of care to you through action or a failure to act and in doing so caused your injuries. Motorists and motorcyclists owe an implied duty of care to each other, which includes obeying traffic laws and not engaging in actions that subject others to unreasonable risk of harm.

If a motorcycle and motor vehicle are involved in a collision, the driver of the vehicle may argue they are not liable for injuries because of the motorcyclist’s decision to split lanes. However, because lane splitting is permitted in California, there must be aggravating circumstances to demonstrate the motorcyclist’s negligent behavior such as traveling much faster than surrounding vehicles or splitting lanes near freeway entrance or exit ramps. Evidence can help establish whether or not a motorcyclist was behaving negligently: dash cam and traffic camera footage, police reports, eyewitness testimony, and photographs of the scene may all help determine who is truly at fault.

Comparative Negligence

If a motorcyclist was not negligent and did not contribute to the accident that caused their injuries, they may recover 100 percent of their damages. If, however, they were partly responsible for the collision, California will evaluate the facts under and assign each party a percentage of fault for the accident. Under comparative negligence, a motorcyclist’s recovery of damages will be reduced in proportion to the amount of fault they bore in causing the accident.

Contact a California Motorcycle Attorney

If you were injured on a motorcycle while lane splitting, speak to the experienced California motorcycle attorneys at Daneshrad Law today. Alan Daneshrad has spent years working for motorcycle accident victims like you and recovered millions of dollars by providing personalized, aggressive representation. You deserve to focus on your recovery while our knowledgeable attorneys work diligently to prove your claim and get maximum compensation on your behalf. Call us today at (888) 881-3529 or complete our online case evaluation page to schedule your initial case review. Your consultation is free, and you pay nothing until we win your case. Let us help you get your life back on track starting today.