Can I File a Louisiana Motorcycle Accident Claim if I was Lane Splitting?

January 28, 2022 | Motor Vehicle Accidents

Motorcyclists sometimes split lanes to maneuver through slow or stopped traffic. Unfortunately, when a motorcyclist splits lanes, they may be involved in an accident, which can cause serious injuries. Lane splitting is illegal in many states, including Louisiana. That means obtaining compensation for your motorcycle accident-related injuries can be more difficult if you were lane splitting when the accident occurred.

Is Lane Splitting Legal in Louisiana?

Many motorcyclists have seen other bikers weave between slow or stopped traffic. They might wonder, “Is it legal for motorcycles to split lanes?” Lane splitting is prohibited in Louisiana. According to Louisiana law, motorcyclists cannot ride “between lanes of traffic or between adjacent lines or rows of vehicles.” If a motorcyclist splits lanes, they will violate this traffic law.

Can I File a Motorcycle Accident Claim if I Was Lane Splitting in Louisiana?

You may still be able to file a motorcycle accident claim if you were injured in a motorcycle accident while lane splitting in Louisiana. However, to have the best chances of obtaining compensation for your injuries, you must show that you were operating your motorcycle safely and that the driver of the other vehicle involved in the collision was negligent, which caused the accident. Because lane splitting is illegal in Louisiana, you may face an uphill battle to receive compensation if you can’t adequately explain how the driver’s actions, and not your lane splitting, caused the accident.

Who Is Liable in a Louisiana Lane Splitting Accident?

In a lane splitting accident in Louisiana, the motorcyclist may be held liable for the accident since lane splitting is illegal. If you were lane splitting, an insurance company or court may determine that your actions were reckless and caused or contributed to the accident. Louisiana is a comparative negligence state. That means if you were partially responsible for the accident, you can still pursue compensation, but it may be reduced by your percentage of fault.

If, however, the other driver’s actions were solely responsible for the accident, you may be entitled to more compensation. For example, suppose you were lane splitting to try to avoid a collision but a distracted driver ended up hitting you. In this case, you may have a solid claim for compensation if you can provide evidence that you would not have been injured in the accident if it weren’t for the other driver’s careless actions.

Be aware that the insurance company will likely try to vigorously argue that you were at least partially at fault for the accident if you were lane splitting. In cases like these, hiring a knowledgeable motorcycle accident lawyer is in your best interest.

Talk to Our Experienced Baton Rouge Motorcycle Accident Lawyers Now

Tomeny | Best Injury Lawyers are committed to helping Louisiana motorcycle accident victims pursue just compensation for their injuries. Even if you were lane splitting when you were injured in the accident, we might be able to help you file a strong claim for the compensation you deserve.

Call us or contact us online for a free consultation.

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