California is one of the very first states to allow lane splitting. This is an act that allows the motorcycle drivers to ride between two lanes of moving traffic which is traveling in the same direction. This is intended to allow more convenience to motorcycle drivers while riding in intense traffic. Lane-splitting accidents have occurred in large numbers in the state. However, due to the absence of formal lane-splitting law, many people are still unclear about the legal aspects of lane-splitting accidents. It is recommended to consult a motorcycle accident attorney in the event of a motorcycle accident. Below is a discussion on the Lane-Splitting Accident cases in California.
According To The Law
In technical terms, California has not legalized lane splitting. The media always mentions that it is legal, but the CA Department of Motor Vehicles says that it has neither allowed nor prohibited lane-splitting. Further, the California Highway Patrol (CHP) stays neutral on this subject. California Motorcyclists are allowed to split lanes or share lanes without being afraid of traffic tickets. This is allowed given that they do it safely. The lack of clearly laden rules makes it confusing though.
The CHP provides certain safety advice to motorcyclists that want to split lane. However, they do not enforce any rules. The tips include maintaining a safe speed, avoiding blind spots while driving, and riding defensively on the assumption that the drivers are unable to see riders. The motorcyclist is responsible to split lane safely.
Finding The Person At Fault For A Lane-Splitting Accident
California law does not stop you from lane splitting. Besides, a motorcyclist may not automatically be blamed for these accidents as it would normally be the case in other incidents. In case the motorcyclist was driving under the influence of alcohol, they would be deemed responsible for the accident. The victim will not require evidence other than the broken law to prove that the motorcyclist is responsible. This makes the task of finding a responsible person even more difficult.
California comes under the category of pure comparative negligence state. Under this, the court will examine the possible negligence on the part of both the parties. The percentages of fault could be distributed among the parties, making the recovered amount lower for the plaintiff. A plaintiff who is held partially responsible for the accident could qualify for the partial compensation.
Lane splitting is not banned in California. The responsibility of the accident could be split among those involved based on each parties ability to prove each other’s share of fault. It is advisable to approach a Motor Cycle Collision Attorney in the event of an accident.