How do lane-splitting and motorcycle accidents affect your claim? Lane splitting can impact your motorcycle accident claim in Illinois, but it doesn’t automatically disqualify you from receiving compensation. Since lane splitting is illegal in Illinois, it may influence the fault determination in your case. This technique allows motorcyclists to navigate through traffic more easily, which can help reduce congestion and prevent rear-end collisions. However, it also increases safety risks, such as collisions with vehicles changing lanes or distracted drivers.
If you’ve been involved in a lane-splitting motorcycle accident in Illinois, contact Lloyd Miller Law Group at (773) 838-8100.
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What Is Lane-Splitting, and Why Is It Illegal in Illinois?
Lane splitting, often referred to as lane filtering or white-lining, involves a motorcycle rider navigating between two lanes of traffic, whether it’s moving or stopped. While this technique may offer advantages like saving time, it carries risks and is considered illegal in Illinois.
Motorcycle riders are five times more likely to be injured than car drivers. Additionally, older riders suffer more in motorcycle accidents; slower reaction times and decreased physical endurance can put them at a higher risk. As a result, laws are enforced to enhance their safety. According to Illinois law, riders on two-wheeled vehicles, including motorcycles, mopeds, and scooters, are prohibited from overtaking two vehicles at once. They cannot maneuver between vehicles on either side simultaneously. However, there is a provision for side-by-side riding on certain highways with three or four lanes, allowing motorcyclists to pass other vehicles while staying in their designated lanes.
How Lane-Splitting Influences Fault in Motorcycle Accidents
Many individuals consider lane splitting to be risky due to the proximity of motorcyclists to vehicles, the confined space available for movement, and the tendency of drivers not to expect a motorcycle to pass them in traffic that is slowed or stopped. In Illinois, lane splitting is illegal, which can complicate claims if an accident occurs while a motorcyclist is engaged in this practice. Generally, investigators and insurance adjusters might assign blame to the motorcyclist involved in such incidents. If a motorcyclist’s actions lead to an accident, it may hamper their chances of receiving compensation for resulting injuries or property damage.
If a motorcyclist can demonstrate that another driver shares some responsibility for the accident, there may be shared motorcycle accident fault. For instance, when a driver is texting or otherwise distracted and subsequently collides with a lane-splitting motorcyclist, fault may be shared.
Illinois uses a modified comparative negligence system, which allows recovery of damages if a person is found to be less than 50% responsible for an accident. However, compensation would be adjusted based on the individual’s level of fault. If a lane-splitting motorcyclist is involved in an accident, they may be deemed partially responsible, which could influence the total compensation they are eligible to receive, but it doesn’t automatically disqualify them from claiming damages.
Factors That May Impact a Claim
If a motorcyclist was lane splitting when an accident occurred, the courts will evaluate whether this and other behaviors contributed to the crash. For example:
- Illegal Activity: In Illinois, lane splitting is prohibited, so participating in this practice could be considered negligent. This assumption could impact the motorcyclist’s culpability in the accident.
- Dangerous Actions: If the motorcyclist was lane splitting at excessive speeds, congested traffic, or in tight spaces, their conduct might be viewed as reckless, which could increase their level of liability.
- Other Drivers’ Conduct: Fault isn’t always entirely assigned to the motorcyclist. Courts will also assess if other drivers acted negligently, such as failing to check their blind spots or signal when changing lanes.
The extent to which lane splitting is considered negligent varies based on the situation. For instance, if a car unexpectedly swerved into a motorcycle while the rider was lane splitting, both parties could bear responsibility.
Why You Should Consult a Motorcycle Accident Attorney After a Lane-Splitting Crash
Following a motorcycle accident involving lane splitting, it’s essential to reach out to an Illinois motorcycle accident lawyer because of the legal and insurance challenges that can arise. Attorneys play a vital role in establishing liability, managing the details with insurance companies, and ensuring you get fair compensation for your injuries.
After a lane-splitting accident, an attorney can help by:
Establishing Responsibility
The actions of other drivers can lead to disputes about who is at fault. An attorney can thoroughly examine the incident, collect evidence such as witness accounts, traffic video, and police documents, and ascertain the level of fault for everyone involved.
Handling Insurance Issues
Insurance providers might attempt to refuse claims or unfairly weigh fault against the motorcyclist in these scenarios. An attorney will manage the interactions with the insurance company, shielding you from deceptive practices, and help secure a just settlement.
Maximizing Your Compensation
You may have to determine what damages you can recover for a motorcycle accident. Experienced attorneys know what the most common injuries from motorcycle accidents are and assist in assessing the total impact of your damages, which includes medical costs, lost wages, and emotional distress. They will work to ensure you get compensation for future medical expenses, diminished earning capacity, and other associated losses.
Collecting Evidence
In lane-splitting incidents, crucial evidence can be easily lost or compromised. An attorney acts swiftly to collect important evidence like photographs, witness statements, and traffic footage to form a robust case.
Prioritizing Your Healing
The aftermath of an accident can be daunting, especially dealing with legal and insurance issues. By engaging an attorney, you can concentrate on your recovery while they manage the legal intricacies of your situation.
A motorcycle accident attorney serves as your advocate, protecting your rights and guiding you through the process of a lane-splitting accident claim to help you secure fair compensation. Contact us at Lloyd Miller Law Group for help with your motorcycle lane splitting claim.
