Lane splitting creates a legal gray area that leaves many California motorcyclists wondering whether they can still recover compensation after an accident. The answer is yes, you can potentially recover damages even if you were lane splitting at the time of your crash, though the amount may be reduced based on your degree of fault.
At Big Joe Law, we understand that motorcycle accidents involving lane splitting require careful analysis of California’s unique traffic laws and comparative negligence rules. Our legal team has secured significant recoveries for motorcyclists, including recent awards of $2,750,000, $2,250,000, and $350,000, demonstrating our ability to navigate complex liability scenarios and maximize compensation for our clients.
Understanding California’s Lane Splitting Laws
Personal injury cases involving lane splitting require an understanding of California Vehicle Code Section 21658.1, which officially legalized the practice in 2017. This law allows motorcycles to drive between lanes of stopped or slow-moving traffic, provided it’s done safely and prudently. California remains the only state that explicitly permits lane splitting, but this doesn’t mean motorcyclists have free rein.
The California Department of Motor Vehicles and California Highway Patrol have established guidelines for safe lane splitting practices. These include maintaining reasonable speeds, avoiding lane splitting when traffic moves faster than 30 mph, and never exceeding 10 mph faster than surrounding vehicles. When evaluating your case, insurance companies and courts will examine whether your lane-splitting behavior fell within these safety parameters and whether other factors contributed to the accident.
How Comparative Negligence Affects Your Recovery
California follows a pure comparative negligence system, meaning you can recover damages even if you were partially at fault for the accident. Your compensation gets reduced by your percentage of fault. If you were 20% responsible for the accident due to unsafe lane splitting, you could still recover 80% of your total damages. Insurance adjusters often attempt to assign maximum blame to motorcyclists who were lane splitting, arguing the practice is inherently dangerous.
However, research from UC Berkeley shows that lane splitting, when done properly, can actually reduce certain types of accidents and injuries. We use this data and expert testimony to counter unfair blame allocation and protect your right to fair compensation. The key is proving that your lane splitting was reasonable under the circumstances, examining factors like traffic conditions, your speed relative to other vehicles, weather conditions, and whether the other driver violated traffic laws.
Building a Strong Case Despite Lane Splitting
Successfully recovering damages requires thorough documentation and strategic case development. We immediately begin collecting evidence, including traffic camera footage, witness statements, police reports, and accident reconstruction analysis. Motorcycle accident cases often involve serious injuries due to the lack of protection compared to passenger vehicles, so we ensure all current and future medical expenses, lost wages, pain and suffering, and property damage are properly calculated and documented.
Expert witnesses play a vital role in these cases. Accident reconstruction specialists can demonstrate exactly how the collision occurred and whether proper lane splitting techniques were followed, while medical professionals testify about the severity of your injuries and required future treatment. These experts help establish that unsafe driving by the other party, not your lane splitting, was the primary cause of the accident.
Don’t Let Insurance Companies Minimize Your Claim
Insurance companies often use lane splitting as an excuse to deny or severely reduce claims, even when their insured driver was clearly at fault. They may argue that any motorcycle accident involving lane splitting is automatically the rider’s fault, but this simply isn’t true under California law.
We’ve seen insurance adjusters claim that lane splitting automatically makes motorcyclists 50% or more responsible for any accident, regardless of the actual circumstances. These tactics are designed to minimize payouts and protect insurance company profits, not reflect actual fault allocation under the law.
Contact Big Joe Law for Your Motorcycle Accident Case
With 18 years of combined experience handling complex personal injury cases, we understand the unique challenges facing motorcyclists in lane-splitting accidents. Our track record includes significant recoveries for clients facing difficult liability situations, proving that skilled legal representation can make the difference between a denied claim and substantial compensation. We believe every accident victim deserves zealous advocacy, regardless of the circumstances surrounding their crash.
Our approach focuses on thorough investigation, aggressive negotiation with insurance companies, and skilled courtroom representation when necessary. You don’t pay anything until we win your case, and our No Fee Guarantee means you can pursue justice without financial risk. If you were injured in a motorcycle accident while lane splitting, don’t let insurance companies convince you that you have no case. Contact Big Joe Law today at (818) 698-6667 or through our contact form for a free consultation about your legal options.