You might not know the term “lane-splitting accident” as well as ones like head-on collision or fender bender. These accidents happen often, though.
You should know what constitutes a lane-splitting accident, as well as what you can do if you cause one. We’ll talk about that right now.
What is a Lane-Splitting Accident?
Lane splitting is something that motorcycles do. The term lane splitting means that you’re on a motorcycle, and you try to ride between two vehicles in lanes next to each other. It’s usually illegal, and it can cause an accident.
If you have a motorcycle, you should never try to split lanes in the way we’re describing. Just because you’re on a vehicle small enough to go between two cars, that doesn’t mean you should do it. Instead, you should wait your turn to go in the line of cars, just like a larger vehicle.
What Might You Do if You’re in a Lane-Splitting Accident?
Getting legal counsel after a lane-splitting accident should be first on your agenda. You’ll likely want a lawyer on your side, regardless of whether you caused the accident or someone else should shoulder the blame.
Generally, a lane-splitting accident happens when a car hits a motorcycle trying to lane split. The motorcycle might hit the car as well. A third option might occur if a motorcycle lane splits, and it startles a driver so badly that they hit another vehicle. In that scenario, the motorcycle rider still caused the accident, even if they escaped unscathed.
If you cause a lane-splitting accident, you’ll need a lawyer who can try to frame the incident in the best possible light. That’s not easy. There’s no good excuse for lane splitting, but maybe if you do it because you’re rushing to the hospital or something like that, a jury will look at your actions more favorably if you face a lawsuit because of the damage you caused.
If someone else caused the accident, you still need a lawyer. An attorney can talk to you about your options and what you should do to seek justice. Possibly the lane-splitting accident damaged your car and injured you. Maybe you can’t work because of that injury, and now you have medical bills piling up.
Your Options
Whether the person who caused the accident stopped or not can often determine what happens during the aftermath. If you caused the accident, you need to stop and talk to the cops when they arrive. If you flee the scene, you’ll face criminal charges.
However, if you stay at a crash scene you caused with this behavior, you might have to deal with a couple of furious drivers. You will need to keep out of their way if they’re experiencing road rage because of the crash. Hopefully, the police will get there soon and intervene if one driver or another threatens you.
If you didn’t cause the accident, you still need to report to the cops what happened. If the motorcycle rider stays at the crash site, you can get their insurance information. You can try to get their insurance to pay for your medical bills, car repairs, etc.
When Insurance Doesn’t Cover the Damages
If you caused the accident, your insurance might cover the damages you caused. If it doesn’t, you’ll need a lawyer to advise you on how best to proceed if one or both drivers sue you.
If you clearly didn’t cause the accident, you can try to get the motorcycle rider’s insurance company to pay for the monetary damages after the collision, but maybe the settlement offer they give you doesn’t cover everything. Perhaps it covers your medical bills, but not the pain and suffering you experienced after the crash.
Maybe you can no longer do things you once could, like play catch with your kids, ride a bike, etc. You might have sustained permanent damage from the wreck. If so, you’ll look for a large cash payout from the insurance company, the motorcycle rider, or both.
You will need to prove that the crash caused physical damage, and you’ll also need to argue convincingly that the accident wrecked your life in the ways you describe. You can testify to that in court, and the jury will decide how much to award you, if anything.
Lane Splitting is Not Illegal in Some States
There’s one wrinkle that can complicate this whole process, though. Strange as it sounds, lane splitting is not specifically illegal in some states. If it was, then you’d have a clear case in your favor if a motorcycle rider caused your accident and injuries.
If you’re in a state where lane splitting is not illegal, you will have a higher bar to clear before getting any money because of what a motorcycle rider did. You can still establish that they behaved recklessly, though. That’s probably the best way to collect a satisfactory cash settlement.
You will probably need to get together with your lawyer and figure out a legal strategy. You must produce evidence that clearly shows the reckless behavior by the motorcycle rider caused the crash, even if they did not specifically break a law by lane splitting.
You might produce video evidence that shows the wreck if any exists. You can look for store camera footage, smartphone footage from bystanders, traffic camera footage, and so forth.
If you can’t find any video evidence, you might get accident reconstructions to testify as expert witnesses. You can find eyewitnesses who saw the wreck. You need to convince the jury that the motorcycle rider caused the crash and harmed you through their actions.
Lane splitting is not something anyone should do, even in states that don’t have laws on the books forbidding it. If you caused an accident this way, you might have to face the music in court. If this behavior harmed you, you may have to spend time in court as well, but as the plaintiff, not the defendant.
