Does riding between lanes impact my liability and damages when hit by a car unepxectedly switching lanes?

Lane splitting, or lane sharing as it is sometimes called, is a typical driving maneuver where motorcyclists navigate between two lanes of bumper-to-bumper or gridlock traffic. Weaving between traffic lanes may or may not be a legal maneuver in your state. In California, for example, lane splitting is permissible so long as it is done safely. The catch, of course, is what constitutes “safe”. For the most part, it will be a judgment call on the part of the police.

Lane-splitting accidents are a tough call. Because of that, it’s tough to persuade an insurance adjustor that you were not responsible. It may be relevant that the driver did not signal before changing lanes, especially if it’s legal to ride between lanes. Getting in someone’s blind spot is always a potential problem, both for the chance to be hit and also the liability issues. Keep in mind that if you were going faster than the rest of the traffic, you may not have been visible in the side or rear-view mirror during the split second that he or she looked before changing lanes. These arguments can impact the outcome.

Nevertheless, in the vast majority of cases, the law tends to favor the person who has been hit -- unless they committed a violation that caused or contributed to their injury. Consult with an attorney with experience in motorcycle accidents in your state about the legal merits of your claim.