Motorcycle riders are at risk of serious injuries when crashes occur. They may need to file an insurance claim against the policy of the driver who hit them or even pursue a personal injury lawsuit.
At-fault motorists, their insurance companies and their attorneys may try to lay the blame on a motorcycle rider. A driver might assert that lane splitting or sharing the road with larger vehicles to optimize traffic efficiency was to blame for the crash. They may try to paint a picture of an irresponsible motorcycle rider who took unnecessary risks and affected their ability to monitor traffic effectively.
How can motorcycle riders protect themselves when drivers assert that lane splitting is the underlying cause of a recent crash?
Lane splitting is legal
Some motorcycle riders do not understand the law and may assume that referencing lane splitting is a valid defense to personal injury liability. However, California state statutes clearly permit lane splitting. Motorcycle riders can help ease traffic congestion and keep themselves safe by appropriately sharing lanes with other vehicles when traffic slows or stops. Drivers have an obligation to monitor their surroundings for any likely safety concerns, including motorcycles lane-splitting during times of traffic congestion.
While the driver who hit the motorcycle rider, their insurance company or their lawyer may try to place 100% of the blame on the motorcycle rider, the rider may still have the right to pursue compensation. Under California’s pure comparative negligence rules, even those who bear significant responsibility for a crash can still hold the other party accountable for their portion of fault.
So long as a driver is at least 1% at fault for a motorcycle crash, the injured rider can seek compensation from them. Riders may need help overcoming social bias about motorcycle riders in court and providing that the driver caused the crash by failing to look for them as they safely and legally split lanes with other vehicles.
Motorcycle riders seeking compensation from drivers who do not want to admit their responsibility may need help evaluating insurance coverage, documenting what happened during a crash and pursuing appropriate compensation for property damage and injury-related expenses. Working with an attorney who handles motorcycle collision cases can make it easier for injured riders to pursue the compensation they deserve.