California is the only state where lane splitting is explicitly legal, allowing motorcyclists to ride between lanes of traffic under certain conditions. While this practice can help motorcyclists avoid rear-end collisions and reduce traffic congestion, it also creates unique legal challenges when accidents occur. We’ve handled numerous motorcycle crash cases involving lane splitting, and the legal implications are often misunderstood by both riders and drivers.
What California Law Actually Says
California Vehicle Code Section 21658.1 legalized lane splitting in 2017, but it doesn’t provide specific guidelines about when the practice is safe or legal. Instead, the law gives the California Highway Patrol authority to develop educational guidelines for safe lane splitting practices.
The CHP guidelines recommend lane splitting only when traffic is moving at 30 mph or slower, and motorcyclists should not travel more than 10 mph faster than surrounding traffic. However, these are guidelines, not legal requirements. Violating the guidelines doesn’t automatically make a motorcyclist liable for an accident, but it can be used as evidence of unsafe riding.
This distinction between legal requirements and safety guidelines creates confusion in accident cases. Insurance companies often treat the guidelines as if they were laws, arguing that any deviation from them proves the motorcyclist was at fault.
How Lane Splitting Affects Fault Determination
When a lane splitting accident occurs, determining fault requires careful analysis of the specific circumstances. Just because a motorcyclist was lane splitting doesn’t mean they caused the accident. Many lane splitting crashes are caused by drivers who change lanes without checking their mirrors or fail to signal before moving.
We’ve successfully represented motorcyclists who were lane splitting safely when drivers suddenly changed lanes into them. In these cases, the driver’s failure to check for motorcycles and signal properly makes them liable for the accident, regardless of whether the motorcyclist was lane splitting.
However, motorcyclists who split lanes unsafely may share some responsibility for their accidents. California’s comparative negligence laws mean that a motorcyclist’s compensation can be reduced by their percentage of fault, even if they weren’t primarily responsible for the crash.
At Cohen Injury Law Group, P.C., we analyze each case carefully to determine how lane splitting factors into the overall accident scenario. The key is showing how each party’s actions contributed to the crash, rather than simply focusing on whether lane splitting was involved.
Common Misconceptions About Lane Splitting Liability
Many people, including insurance adjusters, incorrectly believe that motorcyclists are automatically at fault for any accident that occurs while lane splitting. This misconception stems from the fact that California was the first state to legalize the practice, leaving many people unfamiliar with the actual legal standards.
Insurance companies often use this confusion to their advantage, arguing that lane splitting is inherently dangerous and that motorcyclists assume all risk when they engage in the practice. This argument has no basis in California law, but it can be persuasive to juries who don’t understand the legal framework.
Another common misconception is that the CHP guidelines carry the force of law. While violating the guidelines may indicate unsafe riding, it doesn’t automatically establish legal liability. Courts consider the guidelines as one factor among many when determining fault.
Evidence That Matters in Lane Splitting Cases
Lane splitting cases require specific types of evidence to establish how the accident occurred. Traffic camera footage, witness statements, and accident reconstruction become crucial for showing the positions and movements of both vehicles before the crash.
We look for evidence about traffic conditions, vehicle speeds, and whether drivers checked their mirrors or signaled before changing lanes. Cell phone records can show whether drivers were distracted at the time of the accident, which is particularly relevant since lane splitting accidents often involve drivers who weren’t paying attention to their surroundings.
The motorcyclist’s riding behavior also matters. Evidence about their speed, position between lanes, and adherence to safety practices helps establish whether they were riding responsibly within the legal framework.
How Insurance Companies Handle These Claims
Insurance companies often take aggressive positions in lane splitting cases, arguing that the practice is inherently unsafe regardless of California law. They may point to studies from other states where lane splitting is illegal or cite accident statistics that don’t account for California’s unique traffic conditions.
We’ve seen insurance adjusters argue that motorcyclists who split lanes are “asking for trouble” and should bear responsibility for any resulting accidents. These arguments ignore California’s legislative decision to legalize the practice and the safety benefits that lane splitting can provide when done properly.
Fighting these arguments requires thorough knowledge of California motorcycle laws and the ability to present evidence effectively. Insurance companies count on motorcyclists and their lawyers not being familiar with the nuances of lane splitting law.
The Importance of Proper Legal Representation
Lane splitting cases involve unique legal and factual issues that don’t exist in other types of motorcycle accidents. Generic personal injury lawyers may not understand how California’s lane splitting laws affect these cases or how to counter insurance company arguments effectively.
We work with accident reconstruction specialists who understand motorcycle dynamics and can explain how lane splitting accidents occur. This technical knowledge is crucial for demonstrating that legal lane splitting didn’t cause the accident when drivers fail to check for motorcycles.
The legal landscape around lane splitting continues to evolve as courts interpret California’s law and develop precedents for these cases. Staying current with these developments is crucial for effectively representing motorcyclists who are injured while lane splitting.
If you’ve been injured in a motorcycle accident involving lane splitting, don’t let insurance companies convince you that California law is against you. Contact our experienced Ventura, CA motorcycle accident lawyer at Cohen Injury Law Group, P.C. today for a free consultation. We understand how lane splitting laws work in practice and will fight to protect your rights under California law.