Am I Liable For A Motorcycle Accident If I Was Lane Splitting?
While many people have their own definition of lane splitting, the true definition is when a motorcyclist is riding between two different lanes in traffic going the same direction. There are many studies out there that show riding between lanes can save motorcyclists plenty of time.
Beyond that, lane splitting can also prevent rear-end collisions and reduce traffic congestion, which is great in high-volume areas like Los Angeles.
However, there are many people that believe lane splitting is very dangerous, both for the motorcyclists lane splitting and the drivers around them. Talk to any biker and they’ll tell you how controversial of a subject it is, especially when it comes to other motorists, safety organizations, and lawmakers.
The first to allow lane splitting was California. However, there are some stipulations in place. If a motorcyclist splits lanes recklessly, they could be liable in the case of an accident. For example, many motorcyclists will split lanes, though will go 30mph or more than the traffic around them, which can be incredibly dangerous.
California’s Comparative Negligence Law
When it comes to crashes that involve lane splitting, it is often the case that judges will use California’s comparative negligence law to determine the outcome. If the defendant can prove that you were lane splitting recklessly or at a speed that the court deems unreasonable, you could receive less compensation or no compensation at all.
However, if you were lane splitting within the law that California has in place, you would likely receive the full compensation. There’s no reason it would diminish your reward.
What Kind Of Compensation Could I Expect?
As an accident victim, we guarantee that the value of your claim is the most important thing to you right now. Whether you suffered minimal injuries, such as road, or a more severe injury, such as a brain or spinal cord injury, you should know how much compensation you can expect to receive for your medical bills, your property, your time off work, and everything else.
While no motorcycle accident case is the same as the one before, there are plenty of ways people can seek damages from these kinds of cases.
Some of the most common forms of damage include:
- Motorcycle repair or replacement costs
- Legal fees
- Out-of-pocket costs
- Past and future medical expenses
- Rental car fees
- Lost quality of life
- Punitive damages
- Emotional damages
Juries often base the awards on the severity of the victim’s injuries and how greatly those injuries have had an impact on their life.
No matter why you may have gotten in a motorcycle accident in California, it is crucial that you do not speak with insurance companies or any other parties about the case before speaking with a professional attorney.
We will help you gather all of the essentials, such as medical records and case evidence, so you don’t have to. We will then assess that evidence to determine the types of damages that are owed to you.
Get in touch with us here at Motorcycle Advocates today!
