Is a Motorcycle Rider Automatically Liable for a Lane-Splitting Accident?
Motorcycles are known to be able to zip quickly in and around traffic, which can be dangerous for riders, other vehicles, and pedestrians alike. This maneuverability can sometimes inspire riders to lane-split. Lane-splitting is a maneuver that entails splitting lanes with several vehicles while weaving traffic.
While it’s considered safer for riders than staying in traffic, it’s still risky and illegal in Colorado. Since it’s an illegal maneuver, if lane splitting contributes to an accident, there’s a good chance that fault for the accident will be assigned to the rider. However, with the help of an experienced attorney, there’s still a chance that the rider can demonstrate another driver contributed to the accident. At Mintz Law Firm, our Colorado motorcycle injury attorneys have helped riders recover the compensation they deserve, regardless of how challenging it may appear. We are committed to securing the best possible results for our clients.
The Impact of Comparative Negligence in a Lane-Splitting Accident Case
Lane-splitting may be illegal, but multiple factors are involved in an accident, and you may still be able to recover compensation even if lane-splitting contributed to the accident. Colorado operates under the comparative negligence system, which means that if the rider can prove that the other motorist was at least 51% at-fault for the accident, the rider is still eligible for compensation.
For instance, if the motorcycle rider decided to lane-split, but after completing the maneuver, a motorist speeds up and rear ends the rider, the motorist played a significant role in causing the accident. The rider can then file a personal injury claim or lawsuit against the motorists. While the motorist may try to use the fact that the rider engaged in lane-splitting right before the accident against the rider, it’s possible for an attorney to establish that the motorist was driving in a negligent manner by speeding and rear ending the rider.
It’s possible for the rider to share partial responsibility for the accident, but not more than 51%. Therefore, the motorist is found to be more at fault for the accident and liable for damages. The rider will be able to recover compensation, but it will be reduced by the percentage of blame assigned to them. If the rider is considered to be 30% responsible for the accident, that means they will still be able to recover 70% of the compensation available to them.
The Benefits of a Motorcycle Accident Attorney
Motorcycle accidents can cause some of the most severe injuries, as the rider lacks the protections offered by an enclosed vehicle. This often means that a rider needs to file a personal injury claim to obtain enough compensation to cover the losses they’ve incurred due to severe and debilitating injuries.
However, due to the general stereotypes of riders being reckless, recovering fair compensation can be challenging. An attorney can help ensure that you are treated fairly throughout the entire process and that a lane-splitting maneuver doesn’t eliminate your chances of recovering fair compensation.
Find a Skilled Motorcycle Accident Attorney at Mintz Law Firm
Mintz Law Firm has years of experience protecting motorcycle riders and their right to fair compensation. The knowledge, skills, expertise, and commitment to our clients have resulted in an extensive record of successful claims and cases. We go above and beyond to ensure that our clients have the best possible chance of a favorable outcome with verdicts and settlements that encompass their needs.
After a motorcycle accident, you may not think there’s an option to obtain fair compensation, but at Mintz Law Firm, we help our clients find the best course of action for successful outcomes. Contact our firm to schedule a consultation through our contact form or call (303) 462-2999.