In California, lane splitting by motorcycles is legal, but it must be done safely and prudently. If a motorcyclist’s lane splitting causes another driver to make a sudden lane change, resulting in a collision, liability in a personal injury case can be complex and often turns on who acted unreasonably or negligently.
⚖️ Legal Context: Lane Splitting in California
1. California Vehicle Code & CHP Guidelines
- Lane splitting is legal under California law (California is the only U.S. state where it is explicitly allowed).
- The California Highway Patrol (CHP) provides safety guidelines, which suggest that:
- Motorcyclists should split lanes at no more than 10 MPH faster than traffic
- Lane splitting should occur only when traffic is moving at 30 MPH or less
- Motorcyclists should avoid splitting near large vehicles or in blind spots
If a motorcyclist violates these guidelines (e.g., splitting at high speed or weaving unpredictably), they may be found negligent or partially at fault in a resulting crash.
🛑 Sudden Lane Changes by Other Drivers
If a driver suddenly swerves or changes lanes in reaction to a lane-splitting motorcyclist, several factors affect liability:
Driver’s Duty of Care:
- All drivers must check blind spots, signal, and change lanes safely (CVC § 22107).
- If the driver failed to do so, they may share comparative fault, even if the motorcyclist was lane splitting.
Motorcyclist’s Duty of Care:
- Must split lanes safely and prudently
- Must anticipate that drivers might not see them, especially in congested traffic
🔄 Comparative Fault in California
California follows pure comparative negligence, meaning:
- Both parties can share responsibility
- Damages are reduced by the percentage of fault
- Even a party 99% at fault can recover 1% of their damages
Example:
- Motorcyclist lane splits at 40 MPH in stop-and-go traffic
- Driver swerves without signaling and collides with motorcyclist
- A court might assign 60% fault to the motorcyclist and 40% to the driver
📄 Key Evidence in Lane-Splitting Collision Cases
- Dashcam or helmet cam footage
- Surveillance or traffic camera video
- Eyewitness testimony
- Police report and officer’s opinion on unsafe riding or lane change
- Expert analysis (accident reconstruction)
💰 Damages Recoverable
Injured parties—whether driver or motorcyclist—may seek compensation for:
- Medical expenses
- Lost income
- Vehicle/property damage
- Pain and suffering
- Emotional distress
- Loss of earning capacity
⏳ California Statute of Limitations
- 2 years for personal injury (Cal. Civ. Proc. Code § 335.1)
- 3 years for property damage
- 6 months if a government agency is involved
✅ What to Do After a Lane-Splitting Collision
- Call 911 and request a police report
- Seek immediate medical attention
- Gather witness info and dashcam footage
- Take photos of the scene, road markings, and damage
- Speak with a personal injury attorney, especially if fault is disputed
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