Lane splitting, the practice of motorcyclists riding between lanes of slow-moving or stopped traffic, is a common yet controversial maneuver. While many states in the U.S. prohibit it, California recognizes it under controlled circumstances. California Vehicle Code Section 21658.1 requires the California Highway Patrol (CHP) to set educational guidelines designed to ensure the safety of the motorcyclist and the drivers and passengers of the surrounding vehicles. Despite these safety measures, accidents involving lane splitting do occur, and a motorcyclist’s fault can reduce their compensation for injuries.

A key question in an accident lawsuit is whether the motorcyclist was acting negligently. The CHP’s guidelines emphasize that motorcyclists should avoid excessive speeds when lane splitting and should not engage in the maneuver when traffic is moving at 30 mph or faster. Riders should be extra cautious around large vehicles such as trucks and buses, as well as in places where road conditions might make lane splitting unsafe. If a motorcyclist was weaving through traffic at high speeds, ignoring visibility concerns or failing to adjust to sudden lane changes by other drivers, they may be found partially or entirely at fault for the accident. Conversely, if another driver was inattentive, made an unsafe lane change or otherwise acted negligently, they could bear a greater share of the blame.

California follows the pure comparative negligence rule, which means that an injured motorcyclist can recover compensation for their medical expenses and other losses even if they were partially at fault for an accident. However, their recoverable damages will be reduced proportionately. If a motorcyclist is found to be 40 percent at fault for an accident while another driver is 60 percent responsible, the motorcyclist’s potential compensation would be reduced by 40 percent. 

An experienced motorcycle accident attorney has an important role in securing compensation for an injured rider. The attorney can conduct a thorough investigation into the accident and gather evidence such as traffic camera footage, witness statements and accident reconstruction reports to establish the extent to which another party contributed to the collision. Additionally, expert testimony can be used to demonstrate that the motorcyclist was following CHP guidelines and acting within the bounds of reasonable care. By effectively presenting these factors, an attorney can help reduce the motorcyclist’s perceived level of fault, thereby maximizing the compensation they are eligible to receive.

The law firm of Favaro, Lavezzo, Gill, Caretti & Heppell, PC, based in Vallejo, California, provides dedicated legal counsel to ensure injured motorcyclists receive fair treatment and the compensation they deserve. We serve clients in Solano, Contra Costa and Napa counties. Call us at 707-674-6057 or contact us online to schedule a consultation.