Lane splitting, the practice of motorcycles driving between lanes of stopped or slow-moving traffic, is a controversial topic. While it’s illegal in most states, California does allow lane splitting under certain conditions. For motorcyclists in California, understanding the laws around lane splitting as well as following some key safety tips can help reduce accident risk.
The Legality of Lane Splitting
Currently, California is the only state that explicitly allows lane splitting under Section 21658.1 of their state vehicle code. Essentially, this law states that motorcyclists can ride in between lanes when traffic is moving slowly. This gives bikes an option to keep moving rather than sit in traffic jams. Lane splitting laws only apply when certain conditions are met, like traffic moving under 30 mph and riders not exceeding 10 mph faster than the flow of traffic.
However, the legal specifics are still somewhat vague. If a motorcyclist is involved in an accident while lane splitting, questions around fault and liability can get complicated. An experienced personal injury lawyer can help injured riders understand their rights and options for seeking compensation if the accident was caused by another driver’s negligence.
Lane splitting is technically illegal in other states, even though it still occurs. Riders who get into accidents in these states will likely be considered at fault if they were lane splitting at the time, and they may have difficulty recovering damages.
Safety Recommendations for Lane Splitting
Lane splitting can be dangerous for motorcyclists if it is not done with caution. Here are some tips from legal and safety experts for riding safely:
- Avoid splitting lanes over 30 mph: Higher speeds make it harder to react and maneuver between cars. Keeping speeds lower provides motorcyclists with more time to react to changing conditions.
- Keep speed differential low: Motorcyclists should not ride more than 10 mph faster than surrounding traffic. This gives more time to react to sudden lane changes, opening doors, and other hazards. Excessive speed differentials increase the risk of accidents.
- Watch for opening doors: Riders need to be highly aware of parked cars where drivers may open doors into the lane without looking. Doors opening suddenly can knock riders off their bikes or cause them to swerve into traffic. Checking for potential door openings helps avoid surprises.
- Use signals and avoid startling drivers: Use hand signals when changing lanes and avoid revving engines loudly. Drivers often do not see or expect motorcycles lane splitting and can be startled by them, potentially causing accidental swerving or obstruction. Proper signaling helps alert drivers.
- Wear high-visibility gear: Bright colors and reflective materials help drivers see motorcyclists, especially at night. Solid black makes bikes nearly invisible in low light. Reflective vests, stripes, and tape help drivers detect lane splitting motorcycles.
- Avoid impaired riding: Drugs, alcohol, and drowsiness severely impair response times and judgment needed for lane splitting. Even small amounts of intoxication make it difficult to respond to sudden hazards when riding between lanes in dense traffic. Impaired riding significantly increases accident risk.
- Know local laws: Laws vary in different areas, so riders should thoroughly understand regulations on lane splitting to avoid traffic violations. Getting ticketed can affect future insurance rates. Knowing what is legal also prevents dangerous riding that could cause accidents.
- Consider taking a safety course: Motorcycle safety classes teach critical skills for emergency braking and handling that are extremely useful for lane splitting. They provide vital experience for controlling bikes at low speeds and in tight spaces.
- Wear protective gear: Helmets, jackets, gloves and other motorcycle apparel protect against injury in accidents. Sturdy riding boots can prevent foot injuries. Having proper safety gear on is essential when lane splitting.
What to Do After a Lane Splitting Accident
If a motorcyclist is injured by a driver while legally lane splitting, they should take the following steps:
- Seek medical care: This documents injuries and starts treatment immediately. Quick medical attention can improve recovery. Make sure to follow up with any recommended treatment.
- Gather evidence: Take photos of damage to all vehicles, road conditions, and any witness information. Get contact info for witnesses. Police reports are critical for determining fault. Write down all accident details while still fresh.
- Contact an attorney: An experienced Motorcycle Accident Lawyer can advise on fault and liability rules for lane splitting accidents. They can also handle insurance negotiations to help maximize compensation. Don’t accept any offer without legal review.
- Follow doctor recommendations: Recovery from motorcycle injuries takes time. Listen closely to medical providers and follow all treatment plans, therapy, and rehab. This helps document injuries and improves the legal case.
- Repair bike damage: Retain receipts for reimbursement and document repairs with photos. Replace any damaged safety gear like helmets that may now be compromised. Evidence of damage can increase settlement amounts.
- Review insurance policies: Understand all relevant insurance coverage, including uninsured motorist coverage. Policies have time limits for filing claims, so act quickly. A bike accident lawyer can help fully interpret policies.
Tips for Drivers to Avoid Lane Splitting Accidents
Drivers of other vehicles should also take care to avoid lane splitting collisions. Here are some defensive driving tips:
- Check mirrors and blind spots: Always check side mirrors, rearview mirror, and glance over shoulders before changing lanes or opening doors. Assume motorcycles could be splitting lanes.
- Use turn signals properly: Don’t change lanes or turn without signaling first. Signal well in advance to give notice to motorcyclists.
- Avoid distractions: No cell phone use, texting, eating, or distractions that take eyes off the road. Stay focused on surroundings.
- Give space for splitting bikes: When it is safe, move slightly left or right to provide more space for responsible lane splitting. Never obstruct riders.
- Watch speed differentials: Be aware of faster moving motorcycles that may be splitting lanes and expect them to come up quickly in traffic.
- Be alert near parked cars: Watch for bikes that may be passing close to spot potential door openings. Carefully check before opening doors.
- Use extra caution at night: Motorcycles are very hard to see at night, so be prepared for splitting riders even if headlights aren’t visible.
- Don’t startle riders: Avoid sudden maneuvers that could surprise lane-splitting motorcyclists and cause them to react unsafely.
- Obey traffic laws: Follow all rules of the road, signs, and signals to avoid causing an accident with a more vulnerable motorcycle.
Both drivers and riders have a shared responsibility to prevent accidents involving lane splitting. Patience, communication, and mutual awareness go a long way toward safety.
Call Karns & Karns Personal Injury and Accident Attorneys Today
If you or a loved one has been injured in a motorcycle accident caused by another driver’s negligence in California or elsewhere, contact our motorcycle accident lawyer for a free consultation. We have a proven track record helping injured motorcyclists recover fair compensation through strong legal representation.
Call us today at 800-4THE-WIN (800-484-3946) to learn more about your options and legal rights after a lane splitting accident.
