What to Know About Motorcycles and Lane Splitting

Ask anyone who chooses a motorcycle as a form of transportation, taking to the road on a motorcycle is one of the most fun forms of travel. Feeling the freedom of the road with the agility to move within traffic draws many, but with that freedom comes responsibility.

Occasionally a biker might decide to take some short cuts. Lane splitting involves passing a vehicle between two marked lanes of traffic. Another form of lane splitting might see a biker who rides around a slower vehicle ahead in the same lane.

While lane sharing is allowed by law, that is, motorcycles riding side by side in the same lane, lane splitting is illegal in Alabama.

If you have been involved in a motorcycle accident in Alabama and lane splitting was involved, you will want to speak to an experienced motorcycle accident attorney who can advise you of your rights.

In the case of lane splitting, the other side will accuse you of causing the accident and that poses special burdens to any case and settlement. You will require the assistance of a motorcycle accident attorney who has experience advocating for the injured from any type of motorcycle accident.

Dangers of Lane Splitting
In Alabama, motorcycles must follow laws similar to those for automobiles. According to the 2006 Alabama Code, all motorcycles are entitled to full use of a lane and no car may impose on a motorcycle by intruding into their lane.

At the same time, cars are entitled to the exclusive use of their lane and automobile operators often find lane splitting highly annoying at best.

While it allows the motorcyclist to get through traffic swiftly, it puts the biker in a precarious position if the motor vehicle decides to suddenly change lanes or make a left-hand turn.

Even in the best of circumstances, many motorcycle accidents are the result of car drivers not paying attention to motorcycles and frankly, not looking for them. Add to that challenge, looking for a biker between vehicles places the motorcyclist in the car’s blind spot, a dangerous place to be.   

Advantages of Lane Splitting

Some argue that lane splitting saves lives because in a bumper-to-bumper traffic situation, the motorcyclist is less likely to become the victim of an inattentive motorist who might creep up and hit a bike.

Also consider that the rider doesn’t have to breathe in exhaust fumes from the automobiles and endure the heat between cars when traffic slows down. There might be a circumstance when a biker can see an accident about to happen. In that case, lane splitting allows a motorcyclist to quickly move away from an impending accident.  

Some traffic safety advocates argue that Alabama should follow California’s lead. California laws allow lane splitting if the speed is not more than 15 mph faster than other cars.  A 2105 study from the University of California Berkeley found lane splitting does not necessarily pose a greater risk of injury, however even California restricts lane splitting to speeds under 50 mph.  

Shared Fault with Lane Splitting

Alabama traffic laws treat motorcycles in a similar way to cars. In the case of an accident, if you have been found to lane split, it may be determined you were negligent therefore share in the fault.

At the scene of any motorcycle accident, it is important to first seek medical help for the injured.  If you are not injured, you will need to obtain the other driver’s insurance and contact information but you are advised not to engage in a conversation. Any talk of blame can later be used against you.

And it is advised that you do not talk to the insurance adjuster for the other driver. They may be willing to cut you a check but it is never in your best interest. They just want to get rid of you the cheapest way they can.

In the case of lane splitting or any unsafe motorcycle practice that led to an accident, you will need to have the assistance of an experienced motorcycle personal injury attorney. This is especially true as state like Alabama, where they apply the contributory negligence legal doctrine. Under contributory negligence, an injured party can be barred from recovering compensation if they are found to be even 1% at fault for the underlying accident. The other side will no doubt claim your negligence led to the motorcycle accident, so be sure to get in touch with a skilled and knowledgeable attorney as soon as possible.

Chip Nix understands the rules of personal injury law and represents clients throughout Alabama. If you or a loved one have been involved in a motorcycle accident, Mr. Nix will offer you a complimentary consultation to discuss your case. Meet him in our Montgomery office or at your convenience by calling (334) 203-6669 or contact us online.