Lane splitting can lead to serious, even fatal, crashes. Motorcycle riders are particularly vulnerable being injured in an accident, which is even more reason for these motorists to follow the rules of the road and drive in a safe manner. If you have been injured in an accident involving lane splitting, you may have the right to financial recovery. With years of experience, The Law Offices of Barry Feinstein and Affiliates P.C. is a diligent Massachusetts motorcycle accident law firm that will tirelessly advocate for your rights to maximize your chances of obtaining full and fair damages in your case.
Lane Splitting Accidents
Lane splitting, also known as lane sharing or white-lining, involves a motorcyclist driving between lanes of traffic. In other words, lane splitting is when a motorcycle does not stay in the right or left lane, but rather rides in the middle of the two lanes. Many times, drivers engage in this practice to pass other vehicles on the road. While lane splitting is legal in some states, it is prohibited under Massachusetts law, as it can significantly increase the risk of accidents on the road.
Liability in Motorcycle Accident Cases
When an accident takes place while a motorcycle is lane splitting, the fault of the accident may lie with the motorcycle rider himself or with the other driver. As mentioned above, Massachusetts’ law forbids lane splitting so the fact that the motorcycle was engaged in the practice may serve as evidence of negligence in a particular case. Negligence takes place when a person causes an accident and resulting injury by failing to use reasonable care behind the wheel. Reasonable care refers to the level of care and caution that a prudent person would have used under the same or similar circumstances.
In some cases, the lane splitting motorcycle rider may defend him or herself by claiming that the other driver contributed to the accident or made the accident worse through some form of negligence (i.e., speeding, tailgating, making an unsafe lane change, etc.). Under Massachusetts’ comparative negligence law, a plaintiff may be able to recover compensation if he or she is less than 51 percent responsible for the injuries. As such, if a plaintiff were found to be somewhat at fault for a lane splitting accident, that plaintiff may still be able to recover damages, so long as his or her share of fault did not exceed 50 percent. The plaintiff’s damages, however, may get reduced by his or her share of fault. For example, if the jury finds that the plaintiff was 20 percent negligent, the total award might be reduced by 20 percent (i.e., a $10,000 award will become an $8,000 award).
Experienced Massachusetts Motorcycle Wreck Lawyers
If you or someone close to you has been injured or killed in an accident caused by lane splitting, you need to reach out to a seasoned Massachusetts motorcycle accident attorney who can help. At The Law Offices of Barry Feinstein and Affiliates P.C., we can help you recover compensation for your harm and are committed to protecting your rights every step of the way. We are here to answer your questions throughout the entire legal process. To learn more about what our legal time can do for you, call us at 1-800-262-9200 or reach us through our website.
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