Kenny Habetz Injury Law | May 23, 2024 | Motorcycle Accidents
Lane splitting is riding a motorcycle between two lanes of traffic moving in the same direction when the traffic stops or moves slower. Lane splitting is a useful maneuver for motorcyclists to avoid traffic jams.
Lane filtering involves moving from one lane to another lane in slow-moving traffic. Some individuals describe lane filtering as weaving in and out of traffic.
States Where Lane Splitting Is Legal
Several states have enacted laws that make lane splitting legal. Far more states have laws that prohibit lane splitting. California was one of the first states to make lane splitting legal. Lane splitting is legal in Arizona, Utah, and Montana, but restrictions exist.
Hawaii has not passed laws making lane splitting or lane filtering legal. However, it does allow shoulder surfing. The motorcyclist can ride along the shoulder of the road to pass vehicles stopped on the road.
States That Do Not Have Lane Splitting Laws
Some states do not have any laws on record that prohibit lane splitting. Those states are:
- Arkansas
- Texas
- Delaware
- Ohio
- West Virginia
- Kentucky
- North Carolina
- Washington, DC
- Missouri
- Mississippi
- New Jersey
- Idaho
The remaining states have laws that make lane splitting illegal. Louisiana is one of those states.
Louisiana Highway Regulatory Act (RS 32:191.1) states that motorcycles cannot be operated between lanes of traffic or adjacent roses or lines of vehicles. A person violating the law can be fined and/or sentenced to jail.
What Are the Dangers of Lane Splitting in Crowley, LA?
Proponents of lane splitting argue that it is a safe practice. It can also reduce traffic. However, there are risks associated with lane splitting. Potential dangers of lane splitting include:
- A motorcyclist splitting lanes may ride in a driver’s blind spot. The driver may not see the rider and crash into them when changing lanes.
- Traveling at high speeds to pass vehicles while lane splitting increases the risk of a motorcycle accident.
- Traffic congestion is unpredictable as vehicles stop and go, which increases the risk of an accident while lane-splitting
If you are involved in a motorcycle accident while lane splitting, it could complicate a personal injury case. The other driver might claim that your actions contributed to the cause of the crash, which could impact how much money you receive for damages.
Contributory Fault and Lane Splitting Accidents in Crowley, LA
If another party causes your motorcycle accident, you can seek compensation for your economic damages, such as property damage, lost wages, out-of-pocket expenses, and medical bills. You can also receive compensation for pain and suffering damages. These non-economic damages include emotional distress, diminished quality of life, and permanent impairments.
Louisiana has adopted a pure comparative fault standard to evaluate the issue of contributory fault. Therefore, you are not automatically barred from receiving damages if you are partially to blame for causing your motorcycle crash.
Instead, the court adjusts your compensation based on your level of fault. For example, if you are 20% to blame for causing the motorcycle accident, your compensation would be reduced by 20 percent.
Because lane splitting is illegal in Louisiana, the other driver might try to claim that you caused or contributed to the cause of the motorcycle. If a jury agrees, they will assign a percentage of fault, and you will lose some of the compensation awarded for damages.
Protecting Your Rights After a Motorcycle Accident in Crowley, LA
Motorcyclists have an increased risk of catastrophic injuries in an accident because of the lack of protection during a collision. Therefore, protecting your right to receive a fair settlement for your injury claim is crucial. Steps you can take to protect your rights include:
- Never admit fault for causing the motorcycle accident
- Do not discuss the details of the accident with anyone other than the police officers and your attorney
- Avoid talking to the insurance adjuster before you consult with an attorney
- Document the accident scene by taking photographs and making a video, if possible
- Ask people who stopped at the accident scene and eyewitnesses for their names and contact information
- Seek immediate medical treatment for your injuries
- Document your financial losses and other damages
Contact a Crowley motorcycle accident lawyer as soon as possible to discuss your legal options. An attorney can help defend you against allegations of comparative fault for lane splitting before a motorcycle crash.
Contact the Louisiana Motorcycle Accidents Law Firm Of Kenny Habetz Injury Law for Help Today
If you’ve been injured in a motorcycle accident, please call Kenny Habetz Injury Law for a free case evaluation with a Louisiana personal injury lawyer or contact us online. We have offices in Lafayette and Crowley, LA.
Kenny Habetz Injury Law – Lafayette
110 E Kaliste Saloom Rd Ste 101 Lafayette, LA 70508
(337) 399-9000
Kenny Habetz Injury Law – Crowley
604 S Parkerson Ave. Crowley, LA 70526
(337) 329-8883
