The practice of lane splitting, which involves riding a motorcycle between lanes of traffic, is illegal in Georgia under Georgia Code § 40-6-312. Because the practice is against the law, if you or the other party involved in an accident were lane splitting, it could impact your motorcycle accident claim.
However, even when motorcycle lane splitting plays a role in a serious accident, it is still crucial to take the same steps to strengthen your case as you would after any other accident. These steps include collecting accident scene evidence, following up with medical treatment, and working with an experienced motorcycle accident lawyer at Sherrod & Bernard, P.C.
What Is Lane Splitting?
Lane splitting is the act of riding a motorcycle between two lanes of traffic. It is also known as white lining or stripe riding, as the motorcycle rides along the painted lines between the lanes.
The primary reason motorcycle riders engage in lane splitting is to pass slower vehicles or stopped traffic. For example, a rider may try to get ahead by riding the line between slowed cars if there is heavy traffic. However, even when the traffic around a rider is moving slowly, lane splitting can be very dangerous and lead to motorcycle crashes that result in life-changing injuries.
Why Is Lane Splitting Illegal in Georgia?
Georgia law gives motorcycle riders the right to the full use of the lane they are in. That means other vehicles cannot overtake a rider within their lane. However, the law also applies in the other direction by banning motorcyclists from overtaking and passing slow-moving traffic in the same lane.
The law explicitly prohibits lane splitting by stating, “No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.” (Georgia Code § 40-6-312)
Lane splitting is illegal in Georgia because it can create dangerous situations for all parties involved. For example, riders and other vehicle occupants can sustain serious injuries if a motorist changes lanes ahead of a lane-splitting motorcycle they do not see coming.
What Is the Difference Between Lane Splitting and Lane Filtering?
While you may hear the terms “lane splitting” and “lane filtering” used interchangeably, they refer to two distinct practices.
With lane splitting, the motorcycle rider travels between lanes of traffic that are moving at a lower speed than the rider. Lane filtering occurs when a rider slowly rides between lanes of stopped traffic at an intersection to get to the front of the line.
Some riders believe lane filtering can help prevent them from getting rear-ended by other motorists approaching the intersection. However, even this act is illegal under Georgia law, so riders should avoid it.
Can I Be Ticketed for Lane Splitting in Georgia?
Since lane splitting is illegal, motorcyclists in Georgia can receive traffic tickets for engaging in the practice. The cost of tickets for violating lane-splitting laws may depend on the county where the traffic stop occurs, and they can also come with points on your driver’s license.
The best way to avoid getting a ticket for lane splitting is to follow the rules of the road and stay in your lane. Motorcycle riders must obey the same traffic laws as other motorists.
Can a Motorcyclist Be Held Liable for Lane-Splitting Accidents in Georgia?
Determining liability after a motorcycle accident can be a complex process. Several parties may share liability, and lawyers and insurance companies will gather various forms of evidence to determine their individual responsibilities.
If a motorcyclist was lane splitting and lane splitting contributed to the accident, they can be held liable just like any other party. Evidence of their lane splitting can be used against them to show that they were operating their vehicle negligently, which may increase their degree of fault for the accident.
If I Was Lane Splitting, Could It Affect My Compensation After a Motorcycle Crash?
If you were lane splitting when you got in an accident with another vehicle, it could affect your motorcycle accident case.
Georgia has a modified comparative negligence law. Under the state’s comparative negligence rule, a plaintiff must be less than 50 percent at fault for their injuries to recover damages. And even if a plaintiff is less than 50 percent at fault, the damages awarded to them by a jury will be reduced in proportion to their degree of fault.
While comparative negligence explicitly applies to damages recovered through a trial award, auto insurance companies often look to it when determining settlement offers in personal injury cases. For example, if the at-fault party’s insurance company believes you were 30 percent at fault for the accident, it may offer compensation that covers only 70 percent of your sought compensation.
What Should I Do If I Am in an Accident Caused by a Lane-Splitting Motorcyclist?
If you are in an accident caused by a lane-splitting motorcyclist, it is crucial to take the following steps to protect your rights and strengthen your case:
- Seek immediate medical attention.
- Follow up with all medical treatment until your doctor discharges you.
- Keep track of all medical bills related to the motorcycle accident.
- Write down everything you remember about the accident.
- Avoid providing the at-fault party’s insurance provider with a recorded statement about the accident until you talk with an attorney.
- Consult an experienced motorcycle accident attorney at Sherrod & Bernard, P.C., and let us handle your case from start to finish.
An Experienced Georgia Motorcycle Accident Attorney Can Help You
At Sherrod & Bernard, P.C., we have been serving injured people in Georgia for more than 30 years, and our lawyers have over 85 years of combined legal experience. We are committed to treating clients with the respect they deserve and helping them seek the results they need. For example, one of our satisfied clients had this to say about working with our law firm:
“John Sherrod and his firm, Sherrod & Bernard, P.C., handled my personal injury claim for me when I was involved in a motorcycle wreck in Douglas County, Georgia. They also helped resolve my outstanding Medicare lien. I would highly recommend Sherrod & Bernard, P.C., to my friends and family.” – Harold Butler
When you need Douglasville personal injury lawyers who treat you like family, you need our team. Contact us for a free consultation today. Reputation. Respect. Results. Put our team to work for you.
