You may have been stuck in traffic and witnessed a motorcycle zoom by very fast between the narrow space between your car and the other cars. If you’re like many, you may have wondered, “How can this be legal?” On the other hand, maybe you’re a bicyclist or motorcycle rider and you tried the maneuver yourself to avoid enduring stand-still traffic. Many do engage in what is known as lane-splitting and it is done mostly in traffic jams. It is when you are the rider of a motorcycle or bicycle and you squeeze through lanes passing other cars in stop-and-go traffic.
Lane-Splitting Car Crash Lawyer Overview
Is it Legal?
The only state where lane-splitting is seen as a legal maneuver is in California. Most states do not specifically prohibit this act, but is generally seen and interpreted by police and courts as unlawful due to its unsafe and risky nature. While legal in California, it is only considered so if it is done “safely”. This is more or less a simple judgment call. If an accident were to occur because of this act, this would be strong evidence that it was not done safely.
The Effect on Insurance Claims and Personal Injury Lawsuits
If you were involved in an accident while lane-splitting, you will have a difficult time trying to convince the insurance adjuster that it was not completely your fault. Most states do not require you to prove that the accident was totally the other driver's fault, but you need to show that the other driver’s carelessness was a big factor in the cause of the accident.
What to Show
You may be in a big hole if you got into a traffic accident while lane-splitting, but in a few circumstances, you can possibly convince the adjuster that the other driver significantly contributed to the accident and therefore, you should be at least be partially compensated. It can help if you can show that you were driving cautiously, meaning you weren’t speeding or weaving in and out of lanes. This is where a police report or witness statement can help.
In this type of scenario, it is important to show that the other driver did something that was even more dangerous than lane-splitting, such as abruptly changing lanes without signaling or drifting between lanes. That’s why a police report is very important.
Call a Philadelphia Lane-Splitting Lawyer
If you have been involved in an accident due to the carelessness of another person, it is important to contact an experienced personal injury attorney. Our Philadelphia accident lawyers at The Heslin Law Firm have over 30 years of experience helping victims of negligence get the compensation they deserve.
When you hire a lawyer, we will look to compensate you for pain and suffering, lost wages, medical expenses, and more.