Can Lane Splitting Affect a Motorcycle Injury Claim?
Many motorcycle accidents come with a certain bias, especially given the fact that they’re up to 35 times more likely to be in a fatal accident. So if you’re caught lane splitting, you may have made your case a lot more complicated. Since most drivers and insurance companies assume motorcycle drivers are risky drivers, they might try to blame you for what happened.
However, lane splitting doesn’t automatically lead to a lost case. It all depends on the case’s evidence and whether the other driver(s) were acting recklessly as well.
What Is Lane Splitting?
Simply put, lane splitting is riding between lanes of traffic. Many drivers do this when traffic is slow to avoid sitting in traffic. While some states allow lane splitting, New York is not one of them. It’s completely outlawed, and anyone who does it faces serious legal penalties, including:
- Fines of up to $450
- Two points on your license
- 15 days in jail
- Insurance rate increases
Under state law, you’re expected to stay in a single lane at all times. Failure to follow this rule gives insurance companies more of a reason to reduce your settlement.
Can Lane Splitting Affect Your Motorcycle Claim?
Lane splitting doesn’t mean you’re completely responsible for the accident, but don’t expect a clean outcome either. Here’s how it can affect your claim:
You May Be Partially Liable
New York uses a pure comparative negligence system, meaning you can recover partial compensation. Let’s say you were lane-splitting and the other driver was also being irresponsible. In this case, the court might find you 70% at fault and give you 30% of your original settlement.
More Scrutiny From Insurance Companies
Insurance companies will always find a way to pay out as little as possible, especially if you broke the law. They might frame your traffic violation as the main reason the accident happened, trying to shift the blame away from the other driver. This is especially common in motorcycle cases, where the driver is portrayed as the reckless one to reduce their settlement.
When The Other Driver Can Still Be At Fault
Lane splitting doesn’t cancel out what actually happened during the accident. Courts will always look at the full picture and determine the next steps. Some actions the driver may still be held at fault for include:
- Unsafe lane changes
- Not checking mirrors
- Distracted driving
- Not paying attention
- Sudden movements
- Opening the door unexpectedly
Even if you were caught violating a traffic law, you’re not the only one involved in this accident. The other driver can and will be held responsible if they were acting negligently.
Filing A Motorcycle Injury Claim?
Lane splitting might complicate a claim, but it won’t automatically prevent you from recovering damages. Our Long Island motorcycle accident lawyers can look at your case’s details and determine which guide you through this process. We’ll negotiate with insurance companies, help you build a strong case, and receive the compensation you deserve. Please contact us at (866) 575-0457 to schedule a free consultation with us today.