It’s 5:30 p.m. on a Wednesday afternoon and you’re stuck in your car in stop-and-go rush hour traffic. It’s been a hectic day, things haven’t gone well, and you just want to go home and relax. And the moment you hit the brake to avoid rear-ending the car in front of you, a motorcyclist passes you on the left, unhindered by the traffic jam. It doesn’t seem fair, you fume. You think to yourself, that the motorcyclist should be required to drive in the middle of the lane like all the other vehicles. Meanwhile the motorcyclist disappears from sight. Is this legal?
“Lane splitting” or “lane sharing” occurs when a motorcyclist (or bicyclist) rides his or her bike between two cars going in the same direction. In California, the law allows motorcycles and bicycle to lane split and or lane share so long as it is done in a “safe and prudent manner.” The California Highway Patrol acknowledges the right of motorcyclists to drive this way, but if the speed of traffic reaches a steady rate of 20 to 25 miles per hour or more, the CHP advises the motorcyclist to drive in a lane with the flow of traffic.
Because the motorcyclist has the right to split lanes, drivers must be aware of the possibility of a motorcyclist approaching it from the rear and passing it. A driver is careless (“negligent”) if he or she suddenly change lanes without signaling in time for an oncoming motorcyclist to take appropriate action to avoid a collision with the vehicle. A driver must give the proper turn signal and look in his or her rear-view and side mirrors to ensure that no motorcycles are approaching. If a motorcycle is in fact approaching, the driver of the car must wait for the motorcycle to pass before changing lanes.
The motorcycle operator should be looking 10 cars ahead, watching for signs that a car is going to make a sudden lane change or if there is not sufficient space between two cars to be able to split the lane. Studies show that lane splitting may actually reduce the number of accidents, as the lane splitting motorcyclist has better control over his or her motorcycle and can veer around any obstacle, while not being able to avoid a rear-end collision if he were riding behind the car.
The dangers of lane splitting include the close proximity to other vehicles, the limited space for maneuvering, and the fact that few drivers anticipate the oncoming motorcyclist’s presence. A driver may see an opening in traffic and go for it, only to realize too late that a motorcycle was coming up behind him.
If you split lanes, you should use the utmost care and caution when driving through the blind spot of a driver when you are between the driver and a place he or she is likely to put his car. A brief honk of the horn may alert the driver of your presence, thereby avoiding the chances of your being hit. When lane splitting, you should be alert and ready to concentrate on the matter at hand. Keep your eyes on the road, several cars ahead of you, to see those first signs of a change in speed, debris on the road, or other event that that changes the speed or direction of traffic. Of course, if you’re lane splitting, you risk the driver tossing out the window a half-empty cup of coffee or other beverage that may cause you to lost control of your bike. But this is a minor insult when compared to the driver who cuts you off by changing lanes without signaling, causing you to be severely injured.
If you were injured by a vehicle while you were lane splitting, you should be aware that you may have the right to recover your monetary losses from the negligent driver. These include such things as all of your hospital, doctor, physical therapist, and other medical expenses, your lost wages, your loss of earning potential if appropriate, and property damage not only for your motorcycle but also the clothes you were wearing, along with anything else you had with you that was damaged or destroyed in the accident. You are also entitled to be fully compensated for your pain and suffering and any emotional or mental damages you may have suffered as a result of the incident.
If you have been injured or a loved one killed in an automobile-motorcycle accident due to the carelessness of another person while you were lane splitting, you should contact an experienced personal injury law firm as soon as possible. When deciding on which attorney or law firm you should hire to represent you, you should be guided by several factors. First of all, you should choose someone with experience in your type of injury. Second, you will want a lawyer or law firm that is competent, able to handle the case. Third, you want a lawyer or law firm with integrity. Fourth, you want to retain a lawyer or law firm that has the highest ethical standards.
It is also important to contact an experienced personal injury law firm promptly, as the law firm may want to send its own investigators to examine the evidence before it is lost or changed. In an automobile-motorcycle accident, the lawyer’s investigator will want to go to the scene of an automobile accident to inspect and take pictures of the vehicles, the accident site, and any dangerous condition that caused or contributed to the accident, especially before there is a change in the condition of the area or vehicle. The investigator will also want to inspect and take pictures of the damage to both the motorcycle and the car that hit it. Finally, the investigator will want to talk to any and all witnesses to the accident as soon as possible, while the facts are still fresh in their minds.
An experienced personal injury law firm can also help with seeing to it that you obtain appropriate and thorough medical care for your physical, emotional, and psychological injuries suffered as a result of the accident. The attorneys in the firm can also do everything possible to ensure that you obtain full compensation for your medical expenses, pain and suffering, mental anguish, property damage, lost wages, and all of your other injuries and damages.
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