Is Lane-Splitting Legal in Elk Grove, and How does It Affect Motorcycle Accident Claims?

Known as one of the best states for freely riding a motorcycle, California is home to many roads that motorcycle enthusiasts love to enjoy. Whether you are someone who likes to ride for fun at slow speeds or a serious motorcycle lover who loves the adrenaline of highway riding, California is the state to explore. 

However, with any sort of vehicle on the roads, state laws must be followed. California is a special state when it comes to motorcycle laws, which means that having the support and assistance from a motorcycle accident attorney in Elk Grove at Triumph Law, P.C. in the unfortunate case of an accident is important. 

California Lane Splitting Laws for Motorcycles 

California is known to be one of the first states to legalize lane splitting. Lane splitting is the practice where motorcycles navigate through moving lanes of traffic in hopes of avoiding traffic or congestion. Lane splitting was made legal in Vehicle Code 21658.1 and explained when it is available for riders. 

When Lane Splitting Is Legal

Drivers of street-legal motorcycles should consider the speed at which they are lane-splitting and where they are doing it. If you are lane-splitting on a shoulder, this will be illegal. Also, if you are trying to lane split around large vehicles, avoiding doing so is recommended. Being out of drivers’ blind spots allows an increase in accidents. 

Even with lane splitting being legal in California, no laws decide on the speed for these motorcycles to practice lane splitting. However, in 2018, safety recommendations were issued by the California Highway Patrol. These guidelines, along with the legality of lane spitting, should be followed by motorcyclists and other cars on the road. 

This practice is known to be very dangerous, and the risk of death or serious injury while lane splitting is increased. Every rider and vehicle on the road should abide by any safety instructions. However, at the end of the day, each driver is responsible for their own decision-making. 

Considerations for Cars

Now that lane splitting is legal in California, they are expected to do this with care. That being said, cars and larger vehicles must also practice road safety. When driving on the roadways, drivers on the left lane should move as far left as possible, giving motorcyclists ample room to pass. 

If a car or vehicle intentionally blocks a motorcycle from lane splitting, this is considered illegal, and serious consequences can be given. Additionally, opening doors and stopping your vehicle in a spot where motorcyclists can lane split is considered illegal as well. Making sure all drivers check their surroundings when driving can be beneficial to all on the road. 

How These Laws Affect Motorcycle Accident Claims in Elk Grove

With the legality of lane splitting, this does pose a small issue for accident claims. Liability, the key thing that must be established for a claim to move forward, is a bit cloudy. California follows what’s called comparative negligence laws. 

This type of law means that depending on the responsibility of each accident, damages will be assessed and compensated for correctly. For example, if there was an accident and the victim was responsible for 20% of the accident, and the other party was responsible for 80%, the losses given to the victim would be worth 80% of the total damages lost. 

Let’s break it down a bit more. If you are a motorcyclist and are involved in a lane-splitting accident, here is when you can be held accountable, and the other vehicles can be held accountable for damages. 

The Motorcyclist

As stated above, lane splitting is legal in California, and no additional laws touch on speed or safety when passing other vehicles. So, how is liability determined? Motorcyclists won’t likely be liable for a lane-splitting accident unless they drive under the influence, are recklessly driving, or engage in other illegal driving practices. 

The Driver

A driver may often be responsible for a lane-splitting accident if they are doing the following:

• Intentionally blocking the path of a motorcyclist when they are able to lane-split
• Changing lanes with no signal
• Speeding over the legal speed limit
• Fails to check mirrors or fails to look for motorcycles
• Opening a car door when a motorcyclist is lane-splitting
• Failing to offer enough room for passing 

Tips for Safe Driving on California Roads 

As mentioned earlier, the California Highway Patrol released guidelines that help decrease lane-splitting accidents. These guidelines make great suggestions for those on the road. They include the following:

• Travel at safe speeds. Never drive more than 10 mph faster than other vehicles on the road. 
• Consider all roadway conditions before deciding to lane split. Check for hazards on the road, larger vehicles, and visibility. 
• Think about the condition of your motorcycle. If you have large handlebars or if your exhaust reaches far from the side, determine if you will safely fit in between cars. 
• Do not lane split if you are driving on the freeway close to ramps. Ramps have numerous cars merging into the main road or exiting the highway, and this can cause traffic and other serious accidents. Not lane-splitting in these conditions can likely prevent many accidents. 
• If cars are traveling 30 mph or higher, think twice about lane splitting. Sometimes, at these speeds or higher, it’s important to stay safe and remain in your lane until conditions are better to pass. 

Move Forward with Your Motorcycle Accident Claim with Confidence 

When you are involved in any type of accident, it helps to seek the guidance and support of a skilled motorcycle accident attorney. The team at Triumph Law, P.C. is dedicated to handling your claim with care. We have spent years working with injured victims and their families and know how to hold others accountable for their negligent actions. 

We handle claims all across northern California and are committed to working with you throughout the legal process. For more information about your claim, you can contact us today to schedule a free consultation.