If you, like many motorcyclists, are tired of this legal ambiguity, get involved with your local civil discussion and encourage your local and state lawmakers to address the issue of lane splitting. The speed limit of the road has to be less than 45 miles per hour. But even if you were lane splitting or filtering at the time of the accident, that's just one factor to consider. You can't ride faster than 15 miles per hour. Your injury was caused by the other driver. Advocates point out that lane splitting can help prevent a motorcyclist from becoming a stationary target in the event of an accident, particularly rear end accidents. While North Carolina law is silent on motorcycle lane-splitting, it is apparent how a motorcyclist who is lane-splitting can become involved in an accident.
He turned me over to Stewart, and she did a fantastic job. Motorcyclists are more vulnerable to serious injuries in accidents than drivers of passenger cars. Lane splitting is not legal in most states. This part of the report has been fuel for many proponents of motorcycle lane splitting in their attempts to convince legislators across the country to legalize it. If you have been in a motorcycle accident, then you are likely faced with an intimidating pile of medical bills, and you may further be missing time from work. If you want to avoid an accident with a motorcyclist, here are some tips: - Always be aware.
You may have seen a motorcyclist slipping between you and the car next to you as you are stopped or slowed in traffic. It is illegal for a motorcycle to pass a vehicle on the right hand side in North Carolina. However, because of their relative lack of protection, motorcycle riders are uniquely vulnerable in the event of a collision. Motor vehicle drivers may not be expecting to see a motorcycle zooming up behind them. This way, you can lose your deserved compensation. Lane sharing occurs when two people on motorcycles ride side by side. Drivers may pass into other lanes and strike motorcyclists who are lane filtering or splitting. Motorcycles are treated like any other motor vehicle in that they are entitled to the full use of a lane. You could be cited for reckless driving or another offense and receive a fine or penalty of varying magnitude. I just moved to North Carolina, and I brought my motorcycle with me. The AAA auto club opposes lane-splitting and its clubs have helped defeat proposals in some other states. As a result, it is up to local law enforcement to determine the legal status of lane splitting. Being an experienced motorcyclist could also go in your favor in proving that you were riding safely. Lane-splitting motorcyclists were more likely to be wearing a full-face helmet than other motorcyclists (81 percent vs. 67 percent).
The greater risk, and the reason why lane splitting is illegal, is that it may result in accidents or injuries: - When a motorcycle is closer to other vehicles, that increases the risk of an accident should one of the cars shift or swerve. Do I have to wear a helmet in North Carolina while operating, or riding on a motorcycle? Robert Nye is an exceptional lawyer with absolute integrity and honor. Advocates of lane-splitting say that allowing motorcyclists to split lanes with cars and trucks is safer for motorcycle riders and reduces the chances that they will be hit from behind in stop-and-go traffic. Of these, Massachusetts and Virginia are currently considering legislation to legalize lane splitting. Lane splitting and filtering by the victim can provide an opening for the adjuster to argue you were at least partially at fault in the wreck. It is much easier for a motorcyclist who is illegally lane splitting to lose control of their bike in bad weather.
Lane-splitting riders were significantly less likely to be rear-ended than non-lane-splitting riders (2. Yes, technically speaking it is. David Howard, Riddle & Brantley client. Two studies in California, in 2014 and 2015, supported lane-splitting, as well. All Fields Required. To ensure your motorcycle is street legal, it should have at least 2 mirrors, a horn, and turn signals. And the greater the speed differential between a lane splitting motorcyclist and nearby cars, the greater the danger. Weaving in and out of lanes. Also, another critical question is if the traffic was slow or not moving when the accident happened and whether the motorcyclist did the lane-splitting to get around a traffic jam? Liability in a North Carolina motorcycle crash. Yes, North Carolina requires the use of daytime headlights. You can't ride faster than 15 miles per hour while lane filtering, and you must be moving around traffic that's stopped. Occasionally, one may walk away with only a few minor scrapes and bruises, but most often critical injuries occur. All motorcycles need to have a motorcycle endorsement on their license.
A study from UC Berkeley's Safe Transportation Research & Education Center examined the risks of lane splitting for motorcyclists. Engaging in road rage or aggressive driving. In what situation might you be 30% responsible for an accident with a motorcyclist who was lane splitting? As a result, they've petitioned the government to make the practice legal. If you were involved in a motorcycle accident where you did lane splitting and ended up injured, feel free to seek legal help from our Huntersville motorcycle injury attorneys before filing for a compensation claim. If the motorcyclist's insurance agent arrives on the scene and offers you an on-the-spot settlement, always say "no.
Use your phone to take pictures of any damage to your car or injuries to your passengers. As with lane splitting, lane filtering is illegal in North Carolina. If you are a rider who has been falsely blamed for an accident, or if you are a driver who has been injured in a collision with a motorcycle, we are here to help. While motorcycle lane splitting may seem like a good idea at times, it isn't safe. ─ C. S., Rockingham, NC. They argue that if they can ride between cars, it will also greatly reduce traffic congestion, which they say is a great danger to people on motorcycles.
What Are Lane Splitting and Filtering? Contact us now to learn more in a free consultation. Motorcyclists in the state should beware that lane splitting could become illegal down the line. Talk to a North Carolina Motorcycle Accident Lawyer Now. You have access to your attorneys and an understanding of your case status throughout the whole process. The bottom line is, it's difficult but possible to register a motorcycle without a license in North Carolina. How do you reduce your chances of getting into an accident?
Drivers changing lanes in traffic can easily overlook a motorcycle running between lanes. What Does N. Law Say About Motorcycles? The trusted North Carolina motorcycle accident attorneys of Poisson, Poisson & Bower, PLLC can help. Lane-splitting refers to a situation in which a motorcyclist rides between two other vehicles going the same direction. Pictures taken at the hospital right after the accident of a serious injured family member can be very persuasive later on when it is time to resolve things with the negligent party. A car driver could open the door or extend their arm out the window. So does lane splitting keep motorcyclists safer? This causes inconsistent outcomes in court regarding injuries, crashes, or other litigation pertaining to lane-splitting. Lane-splitting is most often used by motorcyclists in situations where traffic is significantly congested or slowed, such as in a backup due to rush hour, road construction or an accident. I would tell friends and family to call and talk to Mr. Poisson and form their own opinions, and I'm sure they would see what I saw and would choose Poisson, Poisson & Bower, PLLC. Lane Splitting and Motorcycle Accident Liability. The pro-lane-splitting side points to the National Highway Traffic Safety Administration, who said the practice should be studied because of its traffic congestion reduction benefits.