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"Photo of Victor C. Mitchener and Joseph H. Downer"

Victor C. Mitchener, Attorney

Joseph H. Downer, Attorney

How does lane splitting affect liability in NC crashes?

On Behalf of | Oct 21, 2024 | Motorcycle Accidents

Lane splitting happens when a motorcyclist rides between two lanes of slow-moving or stopped traffic. It might save time, but in North Carolina, it can also lead to legal complications after an accident. Since the state does not allow lane splitting, determining fault after an accident becomes more complex.

Lane splitting and liability

North Carolina law prohibits lane splitting. If a motorcyclist gets into an accident while lane splitting, authorities will likely consider the motorcyclist at fault. Lane splitting during an accident can significantly impact a motorcyclist’s ability to recover compensation for injuries or damages.

Contributory negligence in North Carolina

North Carolina follows a strict contributory negligence rule. Under this rule, if the motorcyclist bears even partial fault, they cannot receive any compensation. Because lane splitting violates the law, insurance companies and courts often argue that the motorcyclist’s illegal action caused the accident. This makes it challenging for injured motorcyclists to pursue a claim, even if another driver also acted negligently.

Legal challenges for motorcyclists

Motorcyclists involved in accidents while lane splitting face significant legal challenges. Insurance companies often use the illegal nature of lane splitting to deny claims. Motorcyclists must prove that their lane splitting did not contribute to the accident or that the other driver held full responsibility. This process often requires detailed evidence and witness testimony.

Importance of legal representation

Motorcyclists involved in accidents while lane splitting should hire an experienced attorney. A lawyer can help navigate the complexities of North Carolina’s laws and build a strong case, even when contributory negligence might be involved. Knowing the risks of lane splitting and understanding legal rights can make a significant difference after an accident.

Riders should understand that lane splitting can lead to severe legal consequences in North Carolina. Prioritizing safety and following traffic laws can help prevent accidents and protect a motorcyclist’s right to compensation if an incident occurs.