New regulations on lane splitting could make liability clearer in some motorcycle accidents.
Motorcycle lane splitting has occupied nebulous legal ground for many years. It was not explicitly legal or illegal in California, yet wide tolerance for the practice on the part of law enforcement gave it de facto acceptability.
Motorists often complain about motorcycle lane splitting. Many people believe it is inherently unsafe to allow bikers to pass cars without moving to a different lane. However, new research suggests that the anti-lane-splitting attitude has more to do with jealousy on the part of gridlock-ensnared motorists than any real concern for motorcyclists’ safety.
Is Lane Splitting Inherently Dangerous?
According to a study from the University of California Berkeley, motorcyclists who split lanes at safe speeds are not actually at any greater risk of serious injury than other bikers.
In fact:
Motorcyclists who practice lane splitting are significantly less likely to suffer serious injury. The study authors proposed that this was because lane-splitting motorcyclists tend to be more skilled and more careful bikers. They are more likely to wear a high-quality helmet and avoid speeding and drunk driving.
New Law to Legalize Lane Splitting
Based in part on the discovery that lane splitting at safe speeds is not likely to cause more accidents, California recently took measures to legalize and regulate the practice. A new bill, AB 51, proposes to allow lane splitting on roads with speed limits of 50 mph or less, provided that motorcyclists travel no more than 15 mph over the speed limit when passing cars between lanes. Officials hope that this will discourage lane splitting at the higher speeds that are associated with increasingly serious accidents and injuries.
How Does This Affect Lane-Splitting Accidents?
Before, if a motorcyclist was injured while passing a car between lanes, it was very difficult to figure out who should have liability for the accident and therefore be responsible for providing compensation to any injured parties.
With the passage of the new bill legalizing lane splitting, liability in some lane splitting motorcycle accident cases may become clearer.
If a motorcyclist violates the law by lane splitting at an excessive speed and an accident results, it would be reasonable to assume they would be liable for the accident due to the fact that they chose to recklessly break the law.
If, however, a motorist drifts into a motorcyclist who is passing them legally, liability could become murkier. The biker would probably have to prove that the driver was somehow being reckless or negligent—perhaps by taking their hands off the wheel to eat or text—and this behavior distracted them from the road sufficiently that they should be responsible for the accident.
Have You Been Injured in a Motorcycle Accident?
If you have been injured in any kind of motorcycle accident, it is imperative that you turn to a skilled attorney such as Fernando D. Vargas for help. Attorney Vargas will be watching developments in lane-splitting accident cases carefully so he will be equipped to provide the best advice and representation in any circumstance.
