Have you ever been out on road and seen a motorcyclist drive in the spaces between vehicles? Many people wonder if this practice, known as lane splitting, is actually legal.
The only state that recognizes lane splitting as a legal practice is California. While most states do not specifically prohibit it, it is usually interpreted as being against the law by police and courts alike, and would likely fall under the category of “reckless driving.”
Therefore, a person who is injured while lane splitting will have a much harder time convincing an insurance adjuster that they were not completely at fault for their accident, or even that the other driver was mostly at fault for the accident.
What to demonstrate in your case
If you used lane splitting as a way to maneuver through traffic and got injured in an accident while doing so, you’re going to have a much harder time in your personal injury claim — there’s no getting around that. However, you can still present your case and at least obtain partial compensation for your losses.
You might be able to convince an insurance adjuster that another driver was a significant contributor to the accident. If you were riding cautiously between vehicles, this will help your case at least a little bit. But usually the best way to convince insurance adjusters to see your side of the matter is to prove the other driver was doing something more dangerous than your lane splitting, such as making abrupt lane changes without signaling, casually drifting from one lane into another (and back and forth again) or traveling at an extremely high rate of speed. You might need witness or police reports to corroborate your statements.
For further guidance on the legal issues associated with lane splitting and how to proceed with a personal injury claim, contact a trusted Bradenton car accident attorney with Goldman Babboni Fernandez & Walsh.