Can I Win My Motorcycle Accident Case After Lane Splitting?


Lane splitting is a controversial practice and most states do not allow it. If you are in a state that does not allow lane splitting and you find yourself in an accident, you will want to speak with a motorcycle accident lawyer about whether this will affect your case.

The Dangers Associated with Lane Splitting

Lane splitting is when you ride in between two lanes of traffic. For example, there might be a car in both the left and right lanes and you may ride in the middle of both lanes. If one of the two drivers stopped suddenly while you were behind them, you may end up in a rear-end collision. However, if you were lane splitting, your motorcycle would be in between both cars and you would avoid an accident.

However, lane splitting can also create a dangerous situation. You might be too close to the other car and this might contribute to an accident. You might also be in the blind spot of the motorist.

How to Minimize Your Liability

When you are trying to determine how to resolve your case, you should speak with a motorcycle accident lawyer about the laws regarding lane splitting and whether this will affect your case. However, even if lane splitting is legal in your state, you might be considered partially at fault if you are found to be driving in a negligent manner.

In a state where lane splitting is not allowed, you will be much more likely to be held responsible for your accident. However, you should never assume that you are not entitled to compensation for your injuries because there might be other factors at play.

Comparative Negligence

The other driver might have also been negligent. For example, they might have been:

  • Speeding
  • Distracted
  • Drinking and driving
  • Changing lanes
  • Turning from the wrong lane

It's essential that you hire a motorcycle accident lawyer so they can make sure that you have the evidence necessary to prove that the other driver was negligent. Even if you are considered to be at fault, you may be entitled to some compensation if you are able to show that the other driver was much more at fault than you were.

Compensation for Your Accident

By reaching a settlement, you will be more likely to be able to pay for your medical bills, lost wages, and pain and suffering. While any lawyer might be able to help you, the best option is to consult with an attorney who specializes in motorcycle accident law.

If you have additional questions about motorcycle accidents, contact a law firm like Frenkel & Frenkel.  


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