Heavy traffic on San Diego highways often leaves little room for motorcycles to move. Some riders choose to travel between lanes of cars to get through traffic. California allows this practice, known as lane splitting. However, being allowed to split lanes does not mean a rider can never be at fault for a crash. The rider’s actions still matter when deciding who should pay for the resulting injuries.
What rules must riders follow?
California allows motorcyclists to travel between moving vehicles in the same direction. This includes traffic that has stopped or slowed down.
However, the law does not give riders the right to move between vehicles without considering safety. They must still follow traffic rules and take care to avoid collisions.
For this reason, the California Highway Patrol encourages riders to pay attention to their speed and the space between vehicles. Riders should also watch for cars that may change lanes without warning.
These precautions matter because a rider’s behavior before a crash can affect who is responsible for it.
How do insurers decide who is at fault?
When a lane-splitting accident occurs, insurers look at how the rider and nearby drivers acted before the crash.
For example, a driver may change lanes without checking for an approaching motorcycle. If that movement causes a collision, the driver may be at fault.
However, suppose the motorcycle was traveling too fast for the traffic conditions. In that case, the rider may also share responsibility.
California follows a pure comparative negligence rule. This means a rider can seek compensation even if their actions partly caused the accident. However, their share of fault reduces the amount they can recover.
For example, a rider with $50,000 in damages who is 20% at fault may recover $40,000.
Because fault affects compensation, evidence of how the crash happened is important.
How can riders protect their rights?
After a crash, riders should seek medical care and keep records of their injuries. Photos, witness statements and video footage may also help show what happened.
An attorney can review this evidence and explain how California’s fault rules apply. This guidance may help injured San Diego riders challenge unfair fault claims and understand their options for seeking compensation.