What Is Lane Splitting, And Is It Legal? – Forbes Advisor

If you are making a motorcycle or bike accident claim, lane splitting could affect your right to recover compensation. This is true whether you were on the motorcycle or bike or in another vehicle involved in a collision.

If you are involved in a motor vehicle accident, you can pursue a claim and recover compensation for losses from other drivers who played a role in causing the crash. You are entitled to monetary damages if the following are true:

• The other driver had a duty to exercise care on the road
• The other driver was negligent, which means the motorist behaved less safely than a reasonable person would have under the circumstances
• The driver’s negligence was a direct cause of an accident
• You were hurt as a result of the collision

A motorcycle or bike rider who engages in lane splitting in a state where it is illegal will typically be viewed as engaging in negligent behavior, meaning the motorcyclist is not able to successfully make an injury claim in some cases.

Drivers in another vehicle who are involved in a crash caused by a lane-splitting motorcycle rider can also make a claim for their damages against the motorcyclist or bicyclist. They can point to the illegal lane splitting as proof the motorcyclist was negligent and thus should be held liable for losses.

It’s important to note, though, that if a rider is engaged in illegal lane splitting, this doesn’t just give other drivers a right to disregard safety expectations. If a driver of another vehicle should have seen the motorcyclist or bicyclist but was distracted or speeding and failed to pay attention and ran the rider over as a result, that unsafe driver could still be partly to blame for the accident.

Comparative Negligence vs. Contributory Negligence in Lane Splitting Claims

A rider who is lane splitting is almost always considered partly at fault for any crash that occurs when engaged in this illegal and often unsafe practice. But, whether this partial responsibility for the accident makes obtaining car accident compensation impossible depends on state rules.

In a minority of states, contributory negligence rules apply. This means a motorist who is even partly to blame for their own injuries cannot make a claim to recover damages.

In most cases, however, comparative fault rules apply. Under these rules, a motorist who is partly at fault for a collision can still recover partial compensation from other drivers who are to blame. Some states apply pure comparative fault rules and always allow this, while others permit a victim to make a claim only if the victim is less than 50% or less than 51% responsible for the accident.

If a motorcyclist or bicyclist is in a comparative fault state and lane splitting was partly the cause of an accident but the other driver’s actions were also a partial cause, the rider could pursue a claim for some compensation.

Under comparative fault rules, damages are reduced based on the percentage of fault attributed to the victim. A motorcyclist or bike rider who sustained $100,000 in damages who was 40% at fault for the accident due to lane splitting could still recover $60,000 from the other driver who was also to blame.