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Posts Tagged ‘lane splitting in california’

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.

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

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