How Does Lane Splitting Affect My Motorcycle Accident Case?
Many motorcycle riders engage in unsafe behavior. Some drive too fast. Others ride in the middle of traffic lanes, passing all sorts of vehicles.
This can be considered lane splitting or lane filtering, and while these acts are convenient, they are legal in just a few states. Lane splitting and filtering are not legal in South Carolina, so if you do either of these and get into a crash, it could affect your motorcycle accident case.
First, let’s examine what lane splitting actually is. Lane splitting is when a motorcyclist rides between two cars — on the white dashed line — heading in the same direction. California is the only state that allows lane splitting.
So while lane splitting is when a motorcyclist rides between two lanes of moving traffic, lane filtering is when a motorcyclist rides between stopped or slow-moving cars. Only Arizona, Hawaii, Montana, Colorado, and Utah allow lane filtering.
Many say lane splitting reduces traffic. Others say it is actually safer. It has been proven that lane-splitting motorcyclists are injured much less frequently than those who do not lane split. They are also rear-ended less often.
South Carolina law explicitly forbids lane splitting. Section 56-5-3640(c) of the South Carolina Code of Laws states that, “No person shall operate a motorcycle between lanes of traffic, or between adjacent lines or rows of vehicles.” Lane splitting is considered a violation of the law and could violate other traffic laws as well, such as reckless driving or illegal lane changes.
What if I am in an Accident?
When lane splitting accidents occur, determining fault usually involves examining the actions of both the motorcyclist and other involved drivers. Both parties may share responsibility, depending on factors such as traffic conditions, speed, and traffic laws. Also, there seems to be a bias against motorcyclists, so a rider may not get a favorable outcome.
While lane splitting is considered safe by some, a motorcyclist can still lose control, causing another person to suffer severe harm. Also, if a motorcycle rider gets into an accident while lane splitting, the driver who hit them may argue that the rider’s illegal behavior contributed to the collision and they should therefore share some of the blame. The driver may argue that they wouldn’t have hit the motorcycle rider while changing lanes if the rider had not lane split.
The good news is that lane splitting alone may not prevent you from recovering at least some compensation. South Carolina follows a modified comparative negligence rule, so an injured motorcycle rider may still recover compensation from an at-fault motorist so long as the rider’s share of fault does not exceed that of the other motorist.
Contact Us Today
Lane splitting and filtering can lead to serious motorcycle accidents. Since those maneuvers are not legal in South Carolina, they can affect your case.
In a motorcycle crash? Seek legal help from Wyndham Law Firm, LLC. Our Charleston motorcycle attorneys have been helping motorcycle victims for more than 30 years. To schedule a consultation, give us a call at (843) 279-5312.