California is the only state that explicitly permits lane splitting, making it legal for motorcyclists to ride between lanes of traffic under certain conditions. If you have been injured while lane splitting, you may experience challenges in proving another driver was at fault, but an attorney can help you build a strong case and pursue the compensation you deserve.
Contact a San Francisco motorcycle accident lawyer today to pursue the compensation you deserve — call (415) 432-7290.
California Vehicle Code Section 21658.1 defines lane splitting as a two-wheeled motorcycle riding between rows of stopped or moving vehicles in the same lane, whether on divided or undivided streets, roads, or highways. This statute also grants the California Highway Patrol (CHP) the authority to develop educational safety guidelines in consultation with agencies such as the Department of Motor Vehicles, the Department of Transportation, the Office of Traffic Safety, and various motorcycle safety organizations.
This law operates under the context of California Vehicle Code Section 21658. This statute requires all vehicles to remain within a single lane as much as practical and to change lanes only when it is safe to do so. For motorcyclists, this means lane splitting is legal, but they are still expected to exercise reasonable care and prioritize safety every time they ride between vehicles.
Even though lane splitting is legal in California, this practice carries inherent risks. You are operating in close proximity to larger vehicles whose drivers may not expect a motorcycle to pass alongside them. Sudden lane changes, opening car doors, and distracted drivers all pose serious threats to riders. Additionally, reduced reaction time and limited space to maneuver can turn a routine commute into a life-changing accident.
California follows a pure comparative negligence system, which means fault in an accident can be divided between multiple parties. This directly affects the compensation you may recover.
For example, if a driver made an unsafe lane change and struck you while you were lane splitting, that driver would still bear the majority of the fault. However, if you were riding significantly faster than surrounding traffic or weaving aggressively between vehicles without signaling, a court might assign you a percentage of fault and reduce your total compensation accordingly.
For example, if your total damages amount to $100,000 and a court determines you were 20% at fault for speeding between vehicles, your recoverable compensation would be reduced to $80,000. If fault were split evenly at 50/50, you would recover $50,000.
In a motorcycle accident claim, insurance companies will look for every reason to shift blame onto you. That is why working with a motorcycle accident lawyer is so important; a car accident attorney in San Francisco can gather evidence, reconstruct the accident, and fight to minimize any fault unfairly assigned to you.
California’s lane-splitting laws give you the legal right to ride between lanes of traffic, but that right does not protect you from negligent drivers. If you have been hurt in a lane-splitting accident, you need someone in your corner who understands these laws and knows how to hold the responsible parties accountable.
Contact a California motorcycle accident lawyer today to discuss your case and take the first step toward the compensation you are owed.
