Cruising on a motorcycle through Sacramento is a mixed bag: breathtaking views of the mountains, rivers, and foothills, as well as the headache of intense traffic during the morning and evening rushes. To top it off, there is also the unrelenting string of freeway construction zones.
Learn more about our Sacramento Motorcycle Accident Attorney Services.
A common habit among motorcyclists is a legal maneuver known as lane splitting, which involves navigating between two lanes of stopped or slow-moving vehicles on a freeway or in downtown traffic.
Lane-splitting is designed to enhance efficiency and safety by reducing the risk of riders being rear-ended in stop-and-go traffic; unfortunately, it is commonly used by insurance companies as a means to reduce a motorcyclist’s compensation after an accident. This is achieved through a legal strategy known as the comparative negligence trap.
Even with legislation (more below) that offers some support to motorcyclists being unfairly saddled with liability for accidents that were not their fault, it’s imperative to have an experienced motorcycle attorney who is skilled at navigating the challenges of defending a motorcyclist’s right to engage in lane-splitting safely.
What is Comparative Negligence?
California’s Pure Comparative Negligence rule states that every person involved in an accident, including the injured rider (or driver of a vehicle), may be assigned a specific percentage of fault (including zero percent). The key consequence of this rule is that your percentage of fault will reduce your final compensation (damages awarded). Herein lies the motivation for insurance companies to use comparative negligence against lane-splitting motorcyclists who are involved in an accident.
The Comparative Negligence Trap
When a personal injury claim is filed, the opposing party’s insurance company may try to shift blame onto the motorcyclist by zeroing in on the lane-splitting maneuver. They will argue that even though their client caused the crash, your speed, lane choice, or positioning constituted “reckless negligence” that contributed to the accident or worsened your injuries.
Understanding AB 51 and Legally Recognized Lane Splitting
Before the passage of Assembly Bill 51 (codified as Vehicle Code in 2017), lane-splitting was a gray area; it was considered legal because it was not explicitly recognized as illegal. AB 51 changed this by authorizing the CHP to publish safety guidelines:
- Limit speed: Avoid lane-splitting in traffic flowing over 30 m.p.h.
- Limit speed differential: Travel no more than 10 m.p.h. faster than surrounding traffic.
- Prioritize safety: Lane-splitting should be conducted safely and prudently.
The AB 51 Legal Shield
Formally recognizing lane-splitting as a practice that is legal within the guidelines provided by the CHP also created a crucial liability defense for motorcycle attorneys defending clients against the comparative negligence trap by proving the rider was operating lawfully and prudently, in obeyance of the CHP’s guidelines, and thereby shifting the blame for the crash onto the driver who may have made an unsafe lane change or failed to maintain a proper lookout.
While AB 51 did not reduce the practice of lane-splitting or the number of associated accidents, it did provide a necessary legal shield for riders in court.
How We Win Your Lane-Splitting Case
Here is a hypothetical scenario to illustrate what we do for our motorcycle accident clients who are at risk of being swept into the comparative negligence trap: A motorcyclist is driving on Highway 50 when a slowdown occurs near the interchange with Interstate 80, just outside downtown. The motorcyclist crawls through the traffic around 4 p.m., lane-splitting at approximately 10 m.p.h., while the flow of traffic fluctuates between 5 and 10 m.p.h. He is well within the CHP guidelines for safe lane-splitting. Additionally, it is a sunny day with no weather complications. Suddenly, a vehicle on the motorcyclist’s right changes lanes with no signal and sideswipes the motorcyclist, making contact and causing him to make contact with a slow-moving vehicle on his left, severely injuring him.
We push back on the insurance company’s focus on the fact that the motorcyclist was lane-splitting. Instead, we hire accident specialists to analyze skid marks, damage, and speed, and locate witnesses, including those with dash cam footage of the accident, such as a car behind the scene. We can prove that the vehicle driver’s negligence, not a legal lane-splitting maneuver, caused the accident.
Lane-Splitting Challenges: Get a Sacramento Motorcycle Attorney
Contact our firm at (916) 438-1819 for a free, no-risk consultation. We will answer your questions about lane-splitting and your accident, and we will make sure you understand your rights and your options. If you hire us, you will pay no fees until you win a settlement. If you don’t win, you don’t pay.