What is Lane Splitting and Is It Legal in Michigan?
Lane splitting is a controversial maneuver and happens when a motorcyclist rides in between two lanes of traffic. More commonly seen in heavy traffic as a way to move around cars that are stopped or slowed, lane splitting is not legal in Michigan.
Michigan law requires motorcyclists to maintain their own lanes in traffic whether moving or stopped, meaning they cannot ride in between lanes of traffic to pass or pass vehicles in the same lane and, similarly, cars should not impede on a motorcyclist’s use of a lane. Though lane splitting is illegal in Michigan, that doesn’t mean a motorcyclist is always at fault for an accident caused by lane splitting.
LANE SPLITTING AND MOTORCYCLE ACCIDENTS IN MICHIGAN
Lane splitting is dangerous for motorcyclists, motorists, and pedestrians and other bikers alike, but poses significant risks for motorcyclists due to their exposure and proximity to other large vehicles, sometimes while traveling at high speeds.
Motorcycle accidents from lane splitting typically occur in congested areas where traffic is high, and visibility is low. Lane splitting crashes can happen from unexpected and unsafe lane changes in which a driver fails to thoroughly check their blind spot or signal, or can happen during a sudden slowdown in traffic when a motorcyclist fails to break in time. Sideswiping and rear- end crashes that commonly occur as a result of lane splitting can result in serious damage and injuries for motorcyclists.
DETERMINING WHO IS AT FAULT
Lane splitting is illegal in Michigan and generally considered an unsafe practice, and yet accidents do happen because of this so context is key. Some factors that determine fault in a lane splitting motorcycle crash are: whether traffic was stopped or moving, if a driver made an unexpected or unsafe lane change without signaling, if a door was unexpectedly opened in a motorcyclist’s path, and the speed of the motorcycle rider.
Because of Michigan’s comparative fault system, liability is determined based on who was acting most negligent, and whether that negligence resulted in an accident. This means if a car crash victim is found to be less than 50% at fault for an accident, they may still be able to recover pain and suffering and economic damages. For example, if the crash victim is found 10% at fault for an auto accident and is awarded $1 million in damages for pain and suffering, comparative fault reduces this recovery by 10%, but they would still recover $900,000.00. However, if an accident victim is found without any fault (0% at fault) then comparative negligence will not reduce the amount in damages that the victim recovers.
Every case is different, and a qualified motorcycle accident attorney can answer any questions about comparative liability and help you determine if compensation can be sought.
KAJY LAW IS DEDICATED TO MICHIGAN MOTORCYCLISTS
Kajy Law has a dedicated Michigan motorcycle accident team to help riders maximize their compensation for motorcycle accidents, including accidents resulting from illegal lane splitting. Kajy’s legal team works with insurance companies, doctors, and all other related parties in order to maximize your settlement.
Kajy Law has won over 5000 Michigan accident cases and is ready to help you win yours. Call 248-988-0949 today or fill out our contact form for a free consultation about your Michigan motorcycle accident today.
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