Which leads to the topic of what the true cause of recent motorcycle accident related deaths has been.  People who say lane sharing is the culprit do not have the data to back that up.  Current research does exists however, that seems to indicate that many motorcycle collisions are caused by  speeding, improper turning or  passing, and unsafe lane changes.   Motorists who disregard the motorcycles right-of-way also cause more biker injuries and deaths that any hot-dogging, wheelie popping shenanigans do.

On average, many motorcyclists are respectful of the rules of the road and try to ride safely.  In regards to altering perceptions, educating people on these facts could be the key.

The Case for Lane Splitting

To date, California is the only State in the Union that legally allows lane splitting, but with a few stipulations.  The practice is supposed to largely be used during stop and go traffic and was originally intended to help motorcycles keep their engines from over heating.  Bikes tend to need to keep moving as their engines are air cooled.  When they stop a lot in traffic, they can stall out.

Unfortunately, some people abuse the freedom and indulge unsafe practices, like trying to lane split at speeds greater than what could be found in a typical traffic situation—it is then that injuries could result.

Nonetheless, when prudence is used, lane splitting is safe and legal, so a motorcyclist that was obeying the rules and is hurt can fight for their legal rights in civil court after an accident.

Reality versus perception

Part of the issue is that motorist do not understand the special needs of motorcyclist  and a great majority do not like sharing the road with them at all.  The way to change this is to really address the concerns bikers have in a way that educates the public.

For example, many people do not understand why lane sharing is necessary and therefore are more annoyed at the practice than they should be.  As any car driver will tell you,  most really feel violated by sharing the space.  One somewhat valid reason is that car drivers can miss their intended off ramp when a bike is sitting next to him.

However, this impatience is no excuse to cause harm or potentially endanger the lives of motorcyclist for what is essentially a legal maneuver.  Any biker that is hurt in a situation where a road raging passenger car driver its to blame has to right to pursue financial compensation via a personal injury lawsuit.

We can Help

At  Slaughter and Slaughter, we know the stereotypes associated with bikers and understand the unique challenges motorcyclists face. Because of this, we can form a solid case that will remove the automatic bias that can accompany such litigation.  Once this is done, you are more apt to prevail in court.

If you have been hurt in a motorcycle accident, the law is on your side!  Call us today for a case evaluation and see what we can do to ensure you get the fair treatment and injury related compensation you deserve.

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Even so, troubling information and statistics are making people rethink lane splitting altogether.  According to the National Traffic Safety Administration the number of motorcycle related fatalities in Orange County alone rose from 25 in 2007 to 36 in 2008, a 44 % increase. This despite the fact that the number of auto related fatalities in the OC dropped from 197  in 2007 to 163 in 2008.

The debate here however, is that bikers face an increasingly hostile and distracted auto populace, who do not respect the rights of riders.   More data would have to come in to see if lane splitting is the culprit or something else entirely.  Nonetheless, a bike rider who is injured in an accident has the same rights as a passenger car driver and should exercise them in court.  If you are a motorcyclist that has been injured in an accident, odds are it wasn’t your fault.  Call us today for a free consultation and obtain the financial compensation you need for your pain, lost wages, and mounting medical bills.

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While most acknowledged it was indeed legal, many car drivers expressed aggravation with the trend, with one going so far as to say that he wished he could “open his car door and knock the rider off his bike”…

With such hostility one has to wonder how many of the lane splitting accidents accidents are truly “accidents” at all.

Sadly, there are far too many people who do not respect the rights of motorcyclist  to be on the road with most adopting  preconceived ideas about the lawlessness of men and woman who ride bikes.  It would surprise them to learn that when it comes to car vs. motorcycle collisions, cars are more likely to be at fault than the motorcyclist for the wreck.

In regards to lane sharing itself, as stated before, it is certainly not illegal, especially in California which specifically acknowledges the trend.  According to California Law, if the cyclist is operating in a safe and prudent manner, he can split lanes with a car.  Although this may cause some consternation for automobile owners, they have to recognize the fact that the motorcyclist is not breaking the law in anyway if he is driving safely beside him in the lane.

What Statistics Say

The jury is still out in regards to the safety of lane splitting as the only real data we have on the subject is the Hurt Study which came out in the 1970’s.  According to this study, California was shown to have lower accident rates because of lane sharing.  That was of course, during a time period when California was less congested and cell phones weren’t even invented yet.  A new study would have to be made to see if this still rings true.

Benefits of lane sharing

Proponents of lane sharing say that it is a safe and advisable way to reduce congestion and keep traffic moving.  It is safer, they say, because the cyclist, instead of being stuck between two larger vehicles, is off to the side.  Lane splitting also clears up space that can be taken up by a full sized car.

Lane sharing also promotes the motorcycle as an alternative transportation source, a real boon since most bikes get terrific gas mileage and are easier to maintain than cars.

Despite all the benefits of lane sharing however, an occasional accident does occur in a situation where a motorcycle is occupying the same space as a passenger car.  In quite a few of these cases, the automobile driver will be at fault for failing to yield the right of way to the biker.

When You are Injured—Seek Legal Help

If you are a motorcycle rider who was injured in a lane sharing accident that was not your fault, don’t get discouraged. We can help you obtain the compensation you will need for your accident related injuries and medical costs. You can also acquire financial restitution for any income you lost during your recovery and rehabilitation period.

Lane splitting is legal and motorcyclists have rights in this regard.  Contact one of our expert motorcycle injury lawyers today and get the compensation you deserve when someone tramples over your rights and you are hurt in an accident.

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At around 8:43 on Wednesday, traffic seems to have backed up as the motorcycle accident ensued. Dominguez was riding the motorcycle and began to split through lanes of traffic, likely in an effort to get to work on time, but grazed another vehicle on the highway, a Toyota Matrix, beginning the motorcycle accident. Dominguez then fell from his bike and a Buick on another lane ran him over. He remained alive for some time while underneath the Buick. However, California Highway Patrol reports that the man died later underneath his vehicle.

If you have been injured in a motorcycle accident, you should definitely consider speaking with a lawyer for professional advice, In particular, a motorcycle accident layer can offer specialized information about your accident that will benefit you greatly. To speak with one of our motorcycle accident lawyers, submit your case or call our offices for a free consultation as soon as possible.

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“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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In California, it is required by law to wear a helmet while riding a motorcycle.  It is still unclear to me how a motorcycle helmet would prevent a car from making an illegal u-turn or from getting struck by a drunk driver.  Many bikers who wear helmets are killed each year because the careless driver didn’t look or make an effort to pay attention.  1st5ive.com has an amazing video posted of a biker who was lane-splitting and was hit by a careless driver making an illegal lane change.

The other motorcycle topic mostly discussed in California is that of lane splitting.  This is when a biker shares a lane with other vehicles, or rides in between two lanes.  This is completely LEGAL!  For many reasons, California has correctly allowed bikers to lane split.  Some motorcycles have an air-cooling motor which requires the wind to keep the engines temperatures at reasonable settings.  In addition, one of the benefits of riding a motorcycle in California is to get out of traffic.

Check out this video. This is the exact reason why its important for all bikers to wear a helmet cam when they can. With the negative stigma that bikers have today, having video of what exactly happened will keep the at-fault party from lying!

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