Whose Fault Is A Motorcycle Accident When You Were Weaving In And Out Of Traffic?

Posted on: 27 September 2017

Weaving in and out of traffic is known as motorcycle splitting, which usually happens when the traffic has stopped or crawling at a very low speed. This allows the rider to maneuver in between lanes around and through it faster.

Is Lane Splitting Illegal?

This depends on the state, but in most states, even though it is not classified as illegal, it is not considered legal either. Most of the time, the police or the courts always interpret lane splitting as unlawful. In the few states that it is allowed, it is only permitted if done safely and prudently. Safe and prudent can be broad, and is normally determined by how the police and judges interpret it.

Whose fault is an accident during lane splitting?

Lane splitting accidents are common because of the proximity of the motorcycle to the cars, the limited space to maneuver, and the fact that the cars are not expecting the motorcycle. If an accident occurs when lane splitting, more often than not the fault will be attributed to the rider. If you are the rider and are involved in an accident while maneuvering in traffic, you will need to hire a motorcycle accident attorney.

If the car or truck involved in the accident was at fault as well, you might be partially or fully compensated for the damages and injuries. It will only happen if the car was changing lanes or weaving or if the driver was distracted. If you get in an accident with a driver who was texting or speaking on the phone, they will be considered at fault as well. This means the case can be labeled as joint blame, and that will impact the compensation for your injuries. 

The Impact Of Negligence Laws If You Were Partially At Fault

If the accident happens in a state where comparative negligence is followed, you might be able to recover damages, even if the accident was 99% your fault. However, it is expected that the level of fault assigned will probably reduce the compensation amount. For instance, if you qualify for $10,000 but are assigned 50% fault, you will only get $5,000.

Lane Splitting Safety

If you are going to maneuver between lanes, you need to ensure that the state does not prohibit it and you must do it in safely. This is one of the best defenses against accidents. In case you are involved in an accident, any evidence that you are always a responsible rider will make it possible for the judge to believe you were not at fault.

A motorcycle accident attorney will help you with the process should you be involved in an accident and advise you on what to do if you are found at fault.