Lane splitting is the practice of motorcyclists passing vehicles on the road by driving in between them. While it is legal in Europe, it is illegal in every state in the U.S. other than in California. It is not expressly illegal or legal in California, but a bill is currently pending that would make it legal while also establishing safety guidelines for cyclists who do it. Critics of the proposed legislation point to the potential dangers of lane splitting while proponents point to the ways it can be beneficial.
Positives of lane splitting
Proponents of lane splitting point to several different reasons for why the practice is a good one. When traffic is moving slowly or is stopped, motorcycles can move between the vehicles. This can help by easing traffic congestion. Moving forward between slowed or stopped cars may also help motorcyclists avoid rear-end accidents while they are stopped in traffic by creating a wall of slower cars around them.
Negatives of lane splitting
While proponents point to a reduced risk of being involved in rear-end collisions by lane splitting, opponents of the proposed law point to statistics that show an increased risk of accidents in general when motorcyclists pass between two vehicles. According to one study that was conducted from 2012 through 2013, 900 motorcycle accidents happened because of lane splitting. The injuries that resulted from these accidents included injuries to the extremities, torso, neck and brain of the injured cyclists. The problem with the practice is that other motorists may not see the motorcyclist as he or she is approaching, and a collision may result.
California AB 51 and proposed safety guidelines
The proposed legislation, California AB 51, is being sponsored by Assemblyman Bill Quirk. Previously, the California Highway Patrol issued safety guidelines each year for lane splitting but stopped doing so after a citizen complained about the CHP making public policy. AB 51 says that CHP should create lane-splitting guidelines, which would free up the agency to resume issuing educational guidance for safe riding.
If the legislation passes, it will allow the California Highway Patrol to determine the speeds at which lane splitting will be allowed. A previous version of the bill called for lane splitting to be legal only in situations in which the cyclist was exceeding the speed of the vehicles around him or her by 15 mph or less. Lane splitting would not have been allowed when traffic was moving at speeds of 50 mph or more. This specific language resulted in opposition from multiple motorcyclist organizations, prompting the removal of that language in the currently pending bill.
Numerous organizations are supporting the bill, including multiple law enforcement agencies. If the bill passes, California will become the first state to make the practice legal. Other states, including Nevada, Oregon, Arizona and Texas have all had similar bills voted down.
What to do if you have been injured in a motorcycle accident
If you have been injured in a lane-splitting accident, one of the first steps you should take is getting the help of a California motorcycle accident attorney. Even when you have followed all safety measures, it is sometimes simply impossible to avoid being involved in an accident. An attorney may be able to help you to recover certain types of damages that you might otherwise have trouble recovering on your own.
If you simply agree to accept the first settlement offer that is extended to you by the insurance company, you may forever lose your ability to recover any further damages even if you later discover your costs are much higher than you believed they would be. Recovering from an injury accident may include many types of expenses that you may not immediately foresee, including the costs of physical and occupational therapy, your lost ability to earn the income to which you have been accustomed and other similar losses.
A motorcycle accident attorney may be better able to analyze your case in order to arrive at a more accurate estimate of its value. He or she may then negotiate with the insurance company in order to secure a settlement for you that will fairly compensate you for your losses. Contact a California motorcycle accident attorney today to learn more about your rights if you have been injured in a freeway or roadway collision that was caused by another motorist's negligent driving behavior.
Sources:
http://www.latimes.com/business/autos/la-fi-hy-lane-splitting-bill-20160617-snap-story.html
http://www.victimslawyer.com/motorcycle-lane-splitting-safe/
Should Motorcycle Lane Splitting be Legal?
by Steven M Sweat on Jun. 22, 2016
Summary
Los Angeles motorcycle accident attorney discusses the pros and cons of lane splitting by motorcycles.