What Compensation Can You Get After a Lane-Splitting Accident?

A lane-splitting accident can leave motorcycle riders with serious injuries, medical bills, lost income, and other financial losses. So, what compensation can you get after a lane-splitting accident?

Depending on the circumstances, you may be able to recover compensation for medical expenses, lost wages, property damage, pain and suffering, and other accident-related losses. If you were injured, a motorcycle accident attorney can help you understand your options and determine how California’s comparative fault rules may affect your claim.

What Injuries Can You Suffer in a Lane-Splitting Accident?

A lane-splitting accident can cause serious injuries to motorcycle riders and vehicle occupants. Motorcycle riders have less physical protection than people inside passenger vehicles, making prompt medical evaluation especially important after a crash.

Common injuries can include:

• Traumatic Brain Injuries (TBI): A motorcycle crash can cause a traumatic brain injury through a blow or jolt to the head. Symptoms may include headaches, dizziness, confusion, memory problems, and other changes that require medical attention.
• Broken Bones: A rider can suffer fractures when thrown from a motorcycle or struck by another vehicle during a lane-splitting accident.
• Internal Injuries: Some crash injuries may not be immediately obvious. Internal bleeding and other internal injuries can become serious without prompt medical evaluation.
• Severe Lacerations and Road Rash: Riders can suffer cuts, abrasions, and other skin injuries after sliding across pavement or being struck by broken vehicle parts.
• Post-Traumatic Stress Disorder (PTSD): A serious motorcycle accident can also have lasting emotional effects. Some crash victims experience anxiety, flashbacks, sleep problems, or other symptoms of PTSD after the collision.

Some lane-splitting accidents can result in catastrophic injuries that require extensive medical care, rehabilitation, and long-term support. Keeping records of your medical treatment, expenses, and other accident-related losses can be important when pursuing a personal injury claim.

If you were injured in a lane-splitting accident, seeking medical attention promptly can help protect your health and document your injuries for your claim.

Who Is at Fault in a Lane-Splitting Accident?

Determining who is at fault in a lane-splitting accident depends on the facts and evidence surrounding the crash. Both the motorcycle rider and the driver may share responsibility.

When Can a Motorcycle Rider Be at Fault?

A rider may be partly responsible if they:

• Lane-split at an unsafe speed
• Fail to maintain control of the motorcycle
• Violate traffic laws
• Make an unsafe maneuver

When Can a Driver Be at Fault?

A driver may share responsibility if they:

• Change lanes without checking for a motorcycle
• Fail to use a turn signal
• Violate the speed limit or other traffic laws
• Drive negligently or fail to maintain a proper lookout

Can You Recover Compensation If You Were Partly at Fault?

Yes. California follows a pure comparative fault system. If you are partly responsible for a crash, you may still be able to recover damages, but your compensation can be reduced according to your percentage of fault.

Example: If you are found 30% responsible for the accident and your total damages are $100,000, your recoverable damages could be reduced to $70,000.

How Is Fault Determined?

Evidence that may help establish fault includes:

• Police reports
• Witness statements
• Photos and videos of the crash
• Vehicle and motorcycle damage
• Traffic and road conditions
• Accident reconstruction evidence

Don’t assume you cannot recover compensation simply because you were blamed for the accident. Another driver’s actions may have contributed to the crash.

If you were injured, a personal injury lawyer can review the circumstances of your accident and explain your legal options.

How Is a Lane-Splitting Accident Claim Resolved?

A lane-splitting accident claim may be resolved through settlement negotiations or, if necessary, formal legal proceedings. In many cases, the process begins with an insurance claim and a demand for compensation.

How Do Settlement Negotiations Work?

After the injured person has received appropriate medical treatment, their attorney may send a demand letter to the insurance company or other responsible party. The letter outlines the injuries, financial losses, and compensation being requested.

The parties may then negotiate back and forth until they reach an agreement or determine that further legal action is necessary.

What Happens If Settlement Negotiations Fail?

If the parties cannot reach an acceptable settlement, the case may proceed toward litigation. Mediation may also be used to help both sides reach an agreement with the assistance of a neutral mediator.

The right approach depends on the facts of the accident, the available evidence, the extent of the injuries, and the parties’ willingness to negotiate.

How Long Does a Lane-Splitting Accident Claim Take?

Every accident claim is different. Cases involving serious injuries, disputed liability, or significant damages may take longer to resolve because additional investigation, medical documentation, and negotiations may be necessary.

What Should You Do After a Lane-Splitting Accident?

A lane-splitting accident can leave you facing serious injuries, financial losses, and questions about who was responsible. California’s comparative fault rules can make these claims more complicated when both the motorcycle rider and driver may have contributed to the crash.

If you were injured in a lane-splitting accident, do not assume you cannot recover compensation because you were partly at fault. The circumstances of the crash, the evidence available, and each party’s share of fault can affect your claim.

The Law Offices of Eslamboly Hakim can review your accident and explain your legal options. Contact us for a free consultation. Virtual, home, and hospital visits are available.