When an accident involves motorcycle lane-splitting in Texas, you may wonder who is at fault. In most cases, negligence can be attributed to the motorcyclist because other drivers on the road typically do not expect motorcycles to weave between lanes. However, other parties may be held liable if it is determined that their conduct caused the crash.
At Moore Law Firm, we are aware of the unique considerations regarding accidents involving lane splitting in Texas. Having obtained fair recovery for many injured motorcyclists, we can assess the facts of your case to determine liability and pursue damages from the negligent parties.
Learn more about liability in lane-splitting accidents below, and never hesitate to consult our motorcycle accident attorneys for free about a possible case.
Understanding Lane Splitting in Texas
Lane splitting, also known as stripe riding, is a practice by motorcyclists riding between lanes of slow-moving or stopped traffic. The Texas Transportation Code does not provide any legal basis for lane splitting, meaning that motorcyclists who engage in it are typically violating state traffic laws. The lack of a legal framework often makes liability a confusing issue if accidents happen.
The reasoning behind Texas’ stance against lane splitting is rooted in safety concerns. Motorists do not anticipate motorcycles riding between lanes, which can increase the likelihood of collisions. Additionally, sudden lane changes, narrow spaces, and high speeds further heighten the risk.
Lane splitting was historically considered to be a dangerous practice, and only California expressly allowed the practice. Now, however, several other states have begun legalizing lane splitting under certain conditions, as it can improve traffic flow when motorcyclists engage in safe practices when lane splitting. Texas is not one of those states, and it is yet to be seen whether the state will follow suit and legalize lane splitting in the near future.
Parties Liable in a Motorcycle Accident When Lane Splitting
Determining liability in a lane-splitting accident depends on the specific circumstances of the incident. Responsibility can often be shared among multiple parties.
If this is the case, fault will be allocated based on the Texas modified comparative negligence rule. For instance, if a motorcyclist’s own actions contributed to the accident, they might still recover compensation, but their overall recovery will simply decrease based on the percentage of their fault. Note that a motorcyclist must be less than 51% at fault, otherwise they will be barred from receiving any recovery.
Possible liable parties in a lane-splitting accident in Texas include the following:
The Motorcyclist
In some lane-splitting cases, the motorcyclist is deemed at fault. Since lane splitting is illegal in Texas, courts and insurance companies often view the rider’s actions as negligent. However, there are exceptions. For example, if the other driver acted recklessly by making an abrupt lane change without signaling, they may be liable. Insurance companies might automatically try to blame the motorcyclist, but this is not always accurate, and injured motorcyclists should have an attorney assess liability.
Other Drivers
Drivers can also be held liable if their actions caused or contributed to the accident. Common examples include failing to signal before changing lanes, distracted driving, or engaging in reckless behavior. Any violation of traffic laws can mean the driver was negligent and should be liable.
Proving the driver’s liability requires gathering evidence, such as eyewitness statements, dashcam footage, or police reports. Without clear evidence of the driver’s fault, the motorcyclist may struggle to avoid full liability.
How Can an Injury Lawyer Help?
If you’ve been injured in a lane-splitting accident in Texas, we highly advise consulting with a motorcycle accident attorney to evaluate your case and advise you accordingly. An attorney will investigate and gather evidence to determine all parties’ liability and seek damages from the at-fault parties.
A lawyer will protect you against claims by the insurers of unfair blame aimed at reducing your compensation. Injury lawyers have the resources to gather evidence of liability, prove your case to insurance companies, and seek fair compensation for your losses.
Additionally, even if you shared some of the fault, a lawyer will properly apply Texas’ comparative negligence laws. They will work to minimize your percentage of fault and maximize your potential compensation. Whether through negotiation with insurance companies or representing you in court, an attorney will stand up for your rights and seek the best possible resolution.
Speak to a Texas Motorcycle Accident Attorney Today
Lane-splitting accidents often involve complicated questions of liability and legal considerations. If you or a loved one has been injured in a lane-splitting accident, proper evaluation of the case can help determine who is at fault. At Moore Law Firm, our Texas motorcycle accident attorneys can manage situations involving shared blame to ensure you get justice, despite you partially sharing the blame. Contact us today at 504-840-5529 to request a consultation.