Lane-Splitting and Motorcycle Accident Lawsuits

In motorcycle accident lawsuits involving lane-splitting, the motorcycle driver can be held responsible for damages caused from an accident, and even all or part of their own damages. This is because lane-splitting is illegal and, in some states, may make the operator automatically liable for any accident it causes.

Lane-Splitting Explained

Lane splitting occurs when a motorcycle passes between two cars and all three vehicles are moving at the time. When lane-splitting, the operator essentially drives down the line splitting the two lanes of traffic. The two lanes can be driving in the same or in opposite directions.

Legality of Lane-Splitting

Most state statutes and rules of the road make lane-splitting illegal. This is because it places all drivers, including the operator, at an unnecessary risk of harm. The classification of the illegal activity and the penalties it carries differ in each state.

In some states, an operator found guilty of lane-splitting will be automatically liable for the damages caused by any accident resulting from the splitting. This automatic liability can subject the operator to criminal and civil liability. If automatically liable, proof of conviction in a criminal lawsuit may make it easier to obtain damages in any civil lawsuit.

Contribution to Accidents

Because it is illegal, it is unlikely that a court would find that lane-splitting did not contribute to any subsequent accident. This means that the operator will likely be found liable for at least part of the damages caused to the other drivers as well as a portion of his own damages.

Despite having split two lanes of traffic, the operator may be able to recover some damages from the other involved drivers. This is particularly true if the other drivers are found to have also violated driving laws, such as speeding or driving while intoxicated. This is only true in states where the operator is not automatically liable after splitting lanes, however.

If the operator is found to have contributed to the accident, the amount of damages awarded to him could be reduced by the portion of his liability. For example, an operator found 20 percent liable for the accident by having split between lanes, who was awarded $100,000 in damages, would have $20,000 deducted from his total award. He would be able to collect the remainder of the award from the other drivers.

Obtaining Legal Advice

If you were involved in a motorcycle accident in which a motorcycle split lanes of traffic, consider seeking legal advice. An attorney will review the facts of the accident and discuss your state’s laws and legal options with you.