Lane splitting occurs when motorcyclists travel between two lanes of moving vehicles – in some cases to avoid traffic congestion. However, lane splitting can cause motorcycle accidents resulting in serious injuries, since the actions of other drivers on the road cannot be predicted. As such, lane splitting is illegal in the province of Alberta and all of Canada.
Does this mean that if an accident occurs while a motorcycle is lane splitting, the motorcyclist is automatically at fault? While it may appear so, that’s not always the case. If you have been wrongfully blamed in the aftermath of a motorcycle accident, the personal injury lawyers at Grover Law Firm can help protect your rights.
Common Prejudices Against Motorcyclists
Most people in general have a bias against motorcyclists. Some feel that motorcycles themselves are inherently dangerous and that anyone who would dare ride a motorcycle is more reckless than drivers of other vehicles on the road. Also, some people may argue that a motorcyclist who fails to wear protective equipment has demonstrated negligence and is thus responsible for any accidents caused.
Although these arguments in themselves are insufficient to hold a motorcyclist liable for damages, the other driver or his or her insurance company may try to use them to attempt to lessen the value of the claim. This is why it’s important for a motorcyclist to have his or her rights protected in the aftermath of a motorcycle accident by seeking assistance from an experienced personal injury lawyer.
It’s true that motorcycles are smaller than other vehicles on the road, such as cars and trucks. Nevertheless, motorcycle riders still have the same rights as the other drivers on the road.
Determining Fault in a Motorcycle Lane Splitting Accident
When a motorcycle rider breaks the law and takes a risk by engaging in lane splitting and this results in a motorcycle accident, the motorcyclist could be found liable for what happened. However, this may not always be the case since other factors may have contributed to the cause of the accident as well. The following, for instance, may have a bearing on determining fault and seeking compensation in a lane splitting accident.
The motorcyclist may not have been lane splitting
One of the first factors in determining liability is establishing whether or not the motorcyclist was actually lane splitting at the time of the crash. Perhaps he or she was simply changing lanes. Maybe there had been lane splitting before the motorcycle accident happened and the rider was in the act of returning to his or her lane at the time of the collision.
Another possibility is that the motorcyclist was riding between lanes of traffic in order to avoid a hazard on the road. These examples show why it is important that the first step, in the aftermath of an accident for proving who is at fault, is establishing that the rider was actually lane-splitting at the time of the collision.
The driver of the other vehicle was negligent
Although the motorcyclist may have been lane splitting at the time of the crash, if the driver of the car was also violating traffic laws, this may well have been the main contributing factor.
For example, if the driver was under the influence of alcohol or drugs, his or her judgment may have been impaired, causing the vehicle to weave in and out of the lane. Alternatively, the driver could have failed to signal before changing lanes, which is also a traffic violation.
One very common type of driver negligence, which is also a leading cause of car accidents, is distracted driving. In fact, there were more than 13,000 distracted driving convictions in Alberta in 2021 alone. If the driver of the vehicle had been using the phone, or putting on makeup at the time of the accident, then he or she could be liable.
Other potentially liable third parties
In the aftermath of a car accident that involved lane splitting, the investigation may reveal that a potentially liable third party contributed to the collision. For example, if it is discovered that a faulty motorcycle or car part was the cause, then the manufacturer could be held liable.
Further, a city or province could be found liable for failing to maintain the roads in a reasonably safe condition. When this happens, potholes, cracks, and debris can result. In order to avoid these hazards on the road, a driver may weave out of the lane, striking a passing motorcyclist.
This is why it is important to protect your rights in the aftermath of a lane splitting accident if you are a motorcyclist. You can do this by consulting an experienced personal injury attorney who knows how to perform a thorough investigation to gather all relevant evidence and determine who can be held responsible for the accident. Such evidence may include witness statements, which could help determine the other driver’s actions at the time of the accident.
In addition to determining whether the motorcyclist, the driver of the other vehicle, or another party is at fault, there is another factor that would determine the amount of a settlement. It is known as “contributory negligence.”
Contributory negligence
In all cases of motorcycle accidents, the law of contributory negligence applies, which states that an injured party may recover damages even if he or she is partially responsible for the accident. Typically, a court would assign a percentage of fault to each party that was involved in the accident. This means that if the court determines that the injured party contributed to his or her injuries, then he or she can still receive compensation for damages.
However, the amount of compensation will be reduced by the percentage of fault assigned to the injured party. For example, if the court determines that the injured party contributed 90 percent to the crash, then he or she can still receive a reward of 10 percent. So, although there’s a strong possibility that a motorcyclist may be found at fault for the accident, he or she can still recover if the driver was negligent, such as DUI.
This law is another reason why the assistance of a personal injury lawyer who has experience with accidents involving motorcycles is crucial. The right motorcycle accident attorney would not only know how to find the liable party but also how to calculate a fair percentage amount for a settlement, which is the best way to protect your interests.
Protect Your Rights By Speaking With an Experienced Motorcycle Accident Lawyer Today
If you are an injured motorcyclist who has recently been in a lane splitting accident, try to arrange a free consultation with an attorney experienced in motorcycle accidents as soon as possible. This is especially urgent if you are feeling the frustration of being wrongfully blamed for the crash. There is no better way to protect your rights than having the assistance of an experienced attorney at your side.
Don’t make the mistake of trying to argue your personal injury claim without legal representation. Insurance adjusters are very skillful at using manipulation tactics to minimize the value of your compensation claim. In addition to using prejudices that people in general may have against motorcycles and their riders, adjusters may even later use your own words against you in an effort to get your case dismissed.
The law firm that you choose will have a direct impact on the outcome of your claim. So make the right choice and choose the personal injury lawyers of Grover Law Firm. Our lawyers, who have handled thousands of personal injury cases including motorcycle accidents, will fight for you while you can focus on healing. Contact us today at the number listed below to schedule a free case review.