While lane splitting is legal in Los Angeles with several conditions, the debate surrounds who is at fault in such circumstances. However, there is no straightforward conclusion to this answer, and several factors need to be considered in determining the liability in a motorbike accident caused by the result of lane splitting. Such cases need a motorcycle accident lawyer in Los Angeles who can assist the injured by determining all the sources of liability, insurance claims, or compensation.
What Is Lane Splitting?
Lane splitting occurs when a motorbike or a bicycle moves between two lanes of vehicles that have either stopped at the traffic signal or are slowly moving. Most people tend to enter into a debate regarding the safety of the process; while few find it an alternative to avoid congestion, others find it dangerous.
How Is The Liability Determined?
An accident liability involves a legal responsibility where an individual is held responsible for incurring a loss, either in the form of physical damage or property damage through their actions. Driving on the road involves a duty of care that involves a safe vehicle operation that would not impose any legal implication or harm to others. A driver will be held liable in a lane-splitting motorcycle accident if they:
Engage Into Careless Action
Drivers need to ensure that the traffic lane is clear before changing lanes. Not ensuring this will make them responsible for the accident and injury caused to other riders and eventually breach the duty of care on the road.
Possess Proof Of Casualty And Sudden Change In Directions
A driver will be held liable if the injured person has proof of the casualty or reckless actions that caused the accident and the rider’s injuries simultaneously. This might also include the case of changing directions suddenly, making the rider lose balance.
Fails To Maintain A Safe Distance
In a lane-splitting accident, a driver might be made responsible if one fails to keep a safe distance between the vehicles standing or moving in the two lanes on both sides. The drivers also need to ensure they have not engaged in lane splitting while the traffic movement is faster than 30 mi/h.
If a rider is injured by an accident caused due to lane splitting where the other driver is at fault, consulting a motorcycle accident attorney will provide all the necessary assistance for seeking compensation through a personal injury claim in Los Angeles.