Skeptic Ginger
Nasty Woman
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- Feb 14, 2005
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Motorcycle Accidents: Lane Splitting - If an accident occurs when a motorcycle is lane splitting, who is at fault?
California is Only State to Allow Lane-Splitting, But Doesn’t Track Related Accidents
TX has no law specifically addressing lane-splitting.
So the data supports the fact rider injuries are less if you are in a lane splitting crash than if you are plowed into from behind or a car turns in front of you.
But there is not a lot of data on whether said rider passing close to a vehicle and perhaps in the part of the driver's blind spot the driver doesn't know to check is a cause of accidents or not. Intuitively I would say yes as the default position unless more data comes along to dispute that.
Which is what I said.Lane splitting is prime fodder for accidents due to the close proximity of the cars to the motorcycle, the reduced space to maneuver, and the fact that the cars don't anticipate that a vehicle will be passing them in slowed or stopped traffic.
If an accident happens while a motorcycle is lane splitting, there's a good chance that fault for the accident will be attributed to the motorcycle rider. If the insurance adjuster or court finds that the motorcyclist's carelessness was a substantial cause of the accident, the rider is out of luck when it comes to recovering damages.
California is Only State to Allow Lane-Splitting, But Doesn’t Track Related Accidents
The practice is illegal in every state in the U.S. except California, however, the NBC Bay Area Investigative Unit discovered that it’s nearly impossible to make a determination on how safe or unsafe the maneuver currently is across the state because California does not track how often accidents involve lane-splitting....
“Lane-splitting riders often put themselves closer to other vehicles than they otherwise would,” the study found. “This proximity reduces the time riders have to identify and react to changes in the behaviors of other motorists.”...
Since lane-splitting is not an official violation in the state’s vehicle code, Starkey believes there is no reason to track the information.
He admits, however, lane splitting can certainly play a role in an accident.
“It could be a contributing factor,” he said. “Sure.”
TX has no law specifically addressing lane-splitting.
Under current Texas laws, an officer can pull over a motorcyclist for lane splitting and hand out a citation for reckless driving or a similar infraction. All current vehicle laws apply to motorcyclists. They’re responsible for passing in appropriate locations and driving within one lane (except in limited circumstances, including when avoiding hazards or following construction signs). If a motorcyclist chooses to lane split and has an accident, he or she will share at least part of the fault.
So the data supports the fact rider injuries are less if you are in a lane splitting crash than if you are plowed into from behind or a car turns in front of you.
But there is not a lot of data on whether said rider passing close to a vehicle and perhaps in the part of the driver's blind spot the driver doesn't know to check is a cause of accidents or not. Intuitively I would say yes as the default position unless more data comes along to dispute that.