Contact Us for a FREE CONSULTATION
Motorcycle accidents can be devastating, but when they involve what is known as “lane splitting,” determining fault can become even more complex. If you were involved in a lane-splitting motorcycle accident, as either a motorcyclist or the driver of a standard car, understanding who can be held liable and your legal options is crucial in protecting yourself. Read on for more information and secure the help of an experienced New Jersey motorcycle accident lawyer today.
Lane splitting is the practice of riding a motorcycle between lanes of traffic moving in the same direction. This occurs when a motorcyclist weaves between the lanes or rides along a lane divider to avoid traffic.
Although it is not explicitly banned by name, lane splitting is not legal in New Jersey. N.J.S.A. 39:4-88 outlines expectations for drivers regarding marked lanes, stating that “A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.”
This law requires vehicles to stay within a single lane, implying that lane splitting is against the law.
Because lane splitting violates New Jersey traffic laws, the motorcyclist may be considered negligent for breaking the rules of the road. Violating a traffic statute can be used as evidence of negligence or negligence per se. The motorcyclist is often considered liable if they did not check that it was safe before moving or if they were riding in the other vehicle’s blind spot.
It is important to note that the outcome of a motorcycle accident case will depend on the specific circumstances involved. The driver of the car in the accident could also be held responsible, even though lane splitting is not allowed.
If the driver was speeding, texting, drifting between lanes, or making an unsafe lane change, they could share responsibility for the crash. Drivers still owe a duty of care to motorcyclists, even if they were partially at fault.
New Jersey follows a modified comparative negligence system. The concept of comparative negligence means that more than one party can share the blame for an incident, and an injured individual can recover compensation even if they were partially at fault.
If you were lane splitting at the time of the accident, you may still be entitled to damages. However, NJ’s modified rules mean that you cannot recover compensation if you are more at fault than the other party. As long as you are 50% or less responsible for causing the accident and injuries, you can still be awarded damages, though the amount you are entitled to will be reduced by the percentage of fault you are assigned. However, if you are 51% or more liable, you will not be able to recover compensation.
For more information and skilled legal advice, reach out to an experienced personal injury attorney today.
We Are Ready To Hear From You Get A Free Consultation