What Motorcyclists Need to Know About Lane Splitting
Lane splitting occurs when a motorcyclist drives within the same lane or between two lanes. Lane splitting is frequently used by motorcyclists to pass slower-moving vehicles or to maneuver through traffic. The practice is somewhat controversial and is unlawful in some states, including Pennsylvania. If you are involved in a lane-splitting accident, it is imperative that you speak to an attorney as soon as possible.
At Freeburn Law, our attorneys can help guide you through the legal process, working to ensure you receive the best possible outcome in your case. Our lawyers have decades of combined legal experience, having secured millions of dollars on behalf of injured parties throughout Pennsylvania. If you were hurt in a motorcycle accident, contact our office to schedule a free case evaluation.
What is Lane Splitting?
Lane splitting occurs when a motorcyclist drives within the same lane or between two lanes of traffic moving in the same direction. Motorcyclists frequently use this practice to get around stopped or slow-moving traffic. Lane-splitting can be dangerous. Motorists who are not paying attention may not realize that a motorcyclist is approaching within the lane or in between the lanes, causing serious injury or even death upon impact.
Is Lane Splitting Illegal in Pennsylvania?
While lane-splitting is legal in some states, it remains unlawful in Pennsylvania. According to the Pennsylvania Consolidated Statutes, a motorcycle may not overtake or pass a vehicle in the same lane. It is also unlawful for a motorcycle to operate “between lanes of traffic or adjacent lines or rows of vehicles.”
Recently, a number of lane-splitting advocates have been vocal about making the practice legal in the state or at least eliminating a statute preventing it. To date, however, it remains unlawful for motorcyclists to lane split in Pennsylvania.
Will Insurance Cover Accidents Caused by Lane Splitting?
Pennsylvania is a choice no-fault state, meaning motorists have the option to obtain no-fault coverage or Personal Injury Protection (PIP). This insurance covers your medical expenses, regardless of fault in an accident. However, if you opt into the no-fault insurance system in Pennsylvania, your opportunity to pursue compensation against a liable third party becomes very limited.
If you meet the standard for serious injury or you have chosen not to opt into the state’s no-fault system, you may be able to pursue damages against another party if they were to blame for the accident.
In cases of lane splitting, a motorcyclist almost always bears some liability, but if the other driver’s percentage of fault exceeds their own, then the motorcyclist may still be able to recover. Furthermore, if your percentage of fault exceeds 51% then you would be unable to recover damages.
What to Do If You Are In An Accident Involving Lane Splitting
If you are involved in an accident involving lane splitting, you need to speak to an attorney. A lawyer can help you maximize your damages, ensuring you receive the recovery you deserve. Motorcycle accidents are frequently catastrophic. They can cause irreparable harm. It is important to take action immediately to ensure you receive compensation to cover all of your losses.
Document Any Damage
As soon as possible after an accident, you need to document any damage. Make a record of any damage to your vehicle. Take photos of the wreckage and retain any documentation of repairs. The more evidence you can provide about the damage, the stronger your claim will be.
Report the Accident
It is imperative to report an accident as soon as possible. Pennsylvania law requires that a report of an accident be made within five days if a police officer does not complete an investigation. All drivers involved in an accident that involves injury or death to a person or substantial damage (cannot be driven) to a vehicle are required to report the accident to the Pennsylvania Department of Transportation (PennDOT).
It is strongly recommended that any parties involved in a car accident contact 9-1-1 from the scene. A dispatcher can send emergency medical personnel to assess the severity of the injuries. The investigating officer will also conduct a preliminary investigation into the crash.
Seek Necessary Medical Attention
If you are injured in a lane-splitting accident, you need to seek necessary medical attention. Motorcycle accident injuries are rarely minor. Failing to seek medical attention can make your injuries worse and negatively impact your case.
Notify Your Insurance Company
You should always notify your insurance company about the accident. However, you should speak with an attorney prior to making any statements. What you say can and will be used against you.
Consult an Attorney
As soon as you are able, you should consult with an attorney. An attorney can help you understand your rights and will walk you through the legal process. You should not have to go through this alone. Our legal team at Freeburn Law can help you through this difficult time and make sure that you receive the most favorable outcome possible in your case.
Contact our office today to schedule a free case evaluation. All consultations are provided without obligation to retain our firm. There are no fees unless we win. Get started on your road to recovery today.
