Lane splitting is a practice where motorcyclists ride between lanes of traffic, usually in congested conditions, to move more efficiently through the traffic flow. While lane splitting is legal in some states, it remains a controversial topic that raises questions about safety and liability in the event of an accident.
Now, let’s discuss in more detail what lane splitting is, its legal implications in the occurrence of an accident, and highlight the factors that may impact the outcome of a legal case involving lane splitting.
What Is Lane Splitting?
Lane splitting is a motorcycle maneuver where the rider drives between two lanes of vehicles that are either stopped or moving slowly. It is a practice carried out by motorcyclists to navigate through traffic congestion and reach their destination more efficiently.
Although lane splitting is legal in certain states and countries, it is important to be familiar with the specific laws and regulations governing this practice in North Carolina before engaging in it. For more specifics about these laws, you can get a free consultation from Whitley Law Firm to speak with a skilled lawyer.
However, lane splitting is not explicitly permitted in North Carolina. The state follows a “no passing on the right” rule, which generally prohibits vehicles from overtaking or passing other vehicles on the right side. This rule is intended to ensure the safety and orderly flow of traffic. As a result, lane splitting is considered a violation of this rule and can lead to legal consequences.
Legal Implications in an Accident
Regarding lane splitting, the legal implications of an accident can be complex and vary depending on the local laws and the specific circumstances of the accident. Here are some important considerations regarding the legal implications of lane splitting in an accident:
Pure Contributory Negligence
In states like North Carolina that follow this legal principle, fault is allocated based on the level of negligence of each party involved in the accident. Unlike states that follow a pure or modified doctrine of comparative negligence, where fault can be allocated even if a party is partially responsible, North Carolina strictly applies the doctrine of pure contributory negligence.
This means that if a motorcyclist is found to be even 1% responsible for the accident while lane splitting, they may be barred from collecting any damages. Motorcyclists in North Carolina must understand the implications of pure contributory negligence and take necessary precautions to ensure their safety on the road.
Adherence to Traffic Laws
Even in states where lane splitting is legal, motorcyclists must adhere to specific traffic laws and regulations while engaging in this practice. This includes riding safely and reasonably, using caution when passing between lanes, and not riding on the shoulder or against traffic flow. Failure to follow these laws may impact the motorcyclist’s liability in the event of an accident.
Driver Awareness and Expectations
In an accident involving lane splitting, the driver’s awareness and expectation of encountering a motorcyclist in between lanes can be crucial. Drivers are responsible for acting reasonably and looking out for other vehicles on the road, including motorcyclists.
However, in situations where lane splitting is not commonly practiced or not explicitly allowed by law, drivers may argue that they were not expecting a motorcyclist to be in between lanes and, therefore, may contest their liability.
Visibility and Control While Driving
Visibility plays a significant role in determining liability in lane-splitting accidents. Motorcyclists must ensure they are visible to other drivers and exercise caution while maneuvering between lanes. Additionally, motorcyclists must maintain control of their vehicles and be able to react to sudden changes in traffic conditions. Failure to maintain visibility or control can impact the motorcyclist’s liability if an accident occurs.
Evidence and Witness Testimony
In any accident case, evidence and witness testimony are vital in determining liability and assessing the damages. In lane-splitting accidents, obtaining and preserving evidence, such as photographs, videos, police reports, and witness statements, becomes even more critical. Witness testimony can offer a valuable look into the actions of the parties involved and help establish the circumstances surrounding the accident.
Stay Safe On the Roads!
Lane splitting is an action that comes with serious consequences in the event of an accident. Drivers must remain attentive and aware of the possibility of encountering motorcyclists engaging in lane splitting.
Ultimately, the outcome of a legal case involving lane splitting will depend on the specific circumstances, evidence, and laws in the jurisdiction where the accident occurs. If you have been involved in a lane-splitting accident, it is best to speak with a professional personal injury attorney who can assist victims through the legal process.