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Who Is at Fault in a Motorcycle Lane Splitting Accident in California?

If you’ve been injured in such an accident, should you be compensated?

Read on as personal injury attorney, Steven Elia, sorts it out for you.

Have you ever sat in traffic and watched a motorcycle whiz by between lanes? That’s called lane splitting and, while it’s not technically legal in San Diego or anywhere in the state of California, it’s completed accepted.

San Diego lane splitting attorney

What happens if an accident occurs while a motorcycle is lane splitting? Who is at fault?

This is a muddy area in the state of California and one that should involve the professional advice of a California personal injury attorney. But let’s see if we can shed some light on it here.

Lane splitting accidents are quite common, especially here in Southern California, including San Diego, where traffic can be a real headache. These accidents happen because of the close proximity of cars to the passing motorcycle. There is very little space to maneuver, and many drivers simply don’t anticipate that a motorcycle might be passing them by.

When a lane splitting accident happens, the fault is usually attributed to the motorcycle rider, but this is dependent on what the insurance adjuster and court find.

Get San Diego potholes fixed. Here’s what you can do.

Why bother getting potholes fixed? Because they can damage your car, but even worse, they can take a life

In an earlier piece about pothole damages and liability (yes, they can take a life) in which I hopefully gave you some good reasons why you need your city to fix those messy potholes, I skimmed over methods of actually how to report the annoying road hazards.

The fact is, the civic minded citizen is spoiled by an abundant choices of reporting tools. Cities and municipalities have phone lines, fax numbers, online services, and a small handful are creating apps or partnering with third parties to make apps. Not all these tools are easy to use or remember, though, and it’s not likely you have your city’s service request hotline in your address book.

Unfortunately, because reporting the existence of a pothole can be a pain, or just tedious, and since there’s no immediate benefit, we don’t do it. We should though because last year potholes caused over $6.4 billion in damages from causes large and small, and that doesn’t take into account bodily harm.

Painful potholes – San Diego beware

You may think potholes are insignificant. But a small hole can put a deep cut into your pocketbook – and even take a life!

Who would’ve thought that a little hole in the ground could cause so much harm. Safety researchers are estimating that potholes will cause roughly $6.4 billion in damages to cars this year. That’s a lot of cash!

Most pothole damage goes to tires and shock absorbers, but everything from brakes to steering and even your engine can be damaged. Repairs start at $50 but go way up if your engine is involved, and can be a nasty surprise if they go unnoticed until a routine service check.

Consequently, it might be time for you to take a fresh look at potholes. They are not just the little bump in the road you thought they were.

san diego potholes

Lane splitting is not legal in California (even though CHPs look the other way), but that may change soon

Proposal would make California the only state where this motorcycle lane splitting is allowed—and regulated by law.

Say you’re taking the freeway at rush hour, with traffic backed up in front, behind and to the sides, and just as you start toying with the radio a Harley goes howling by your left side, in the space between your car and the next lane over. That’s lane splitting, and even more surprising than the unexpected motorcycle is that the act is permitted in California. That isn’t quite the same thing as the practice being legal, and most states prosecute lane splitting even where there is no law explicitly against it. California is the only state where the police and the C.H.P. don’t go after people who do it. That could change soon, as the California legislature is considering a bill that would make California only state where lane splitting is legal.

Lane Splitting Law in California

Woman Stands Trial for Felony Gross Vehicular Manslaughter

A judge ruled this week that a San Diego County woman must stand trial on a charge of gross vehicular manslaughter, stemming from a head-on car crash that killed a U.S. Forest Service firefighter.

22-year-old Natashia Wood  is accused of causing the deadly accident on a curvy part of Buckman Springs Road October 3rd around 6:15 p.m. Officials say Wood was driving her roommate’s Dodge Durango SUV southbound on the two-lane road when she drifted onto the shoulder and then over-corrected left putting her in the path of the oncoming firefighter’s motorcycle.

San Diego Motorcycle Accident Takes Woman’s Life

A 31-year-old woman was killed in a San Diego Motorcycle accident Sunday afternoon. Police say the motorcycle she was riding in the Tecate area struck a truck that had turned in front of her, throwing her from the bike.

The driver of the Ford F-150, an 85-year-old man from Tecate, suffered only minor injuries from broken glass that cut the left side of his face.

Officials say the woman, who was wearing full safety gear, had little time to veer out of his way and broadsided the vehicle on the driver’s side.

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The Law Offices of Steven A. Elia, APC

2221 Camino Del Rio S, Ste. 207, San Diego, CA 92108

(619) 444-2244