Evaluating Your Options

Can You Sue For A Motorcycle Accident If You Were Lane Splitting?

13 June 2023

Dale Watkins

If you were lane splitting when you were involved in a motorcycle accident, it doesn't automatically mean you can't sue. It depends on the laws where you were and exactly what happened.

Local Laws

Determining whether you can sue for a motorcycle accident if you were lane splitting begins with understanding the laws where the accident happened. The legality of lane splitting varies across different regions, with some states allowing it while others prohibit it. Many states that allow it have restrictions on when and how you can do it.

If you were lane splitting according to the law, it's more likely you can sue for your injuries. If you were breaking the law, it's more likely you could be at fault for the accident.

Negligence of Other Parties

Even if you were engaged in lane splitting at the time of the accident, you may still have the right to sue if the other party involved in the collision was negligent. In motorcycle cases, negligence refers to the failure of someone to exercise reasonable care, resulting in harm to others.

Drivers may have a duty to avoid motorcycles that are lane-splitting — both when it is legal and when it is illegal. You'll need to talk to a motorcycle accident lawyer about the specific facts and circumstances of your case.

Comparative or Contributory Negligence

Whether your area uses comparative or contributory negligence can also affect your case. Comparative negligence splits the fault between drivers. So if you were partially at fault due to lane splitting but the other driver was more at fault, you could sue for a reduced amount.

Contributory negligence usually means you can't recover if you had any fault. If your lane splitting was considered illegal or unsafe, you might not be able to sue for your injuries.

Evidence

Building a strong case is vital to recovering your damages after a motorcycle accident involving lane splitting. This includes gathering witness statements, obtaining police reports, documenting your injuries, taking photos, and finding videos of the accident.

Most people tend to believe that motorcyclists are unsafe and are responsible for accidents especially when you were lane splitting. In order to overcome that bias and win your case, you're going to need very strong evidence. Talk to a motorcycle accident attorney to get help figuring out what evidence you need to win your case and where you can find it.

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