Motorcycle accidents can be devastating. While the blame is usually pinned on the lane-splitting biker, the case may not be as cut-and-dry. Upon further investigation, an experienced personal injury attorney might uncover that the other driver shared fault for the accident, giving you a right to pursue partial compensation.
If you or a loved one was involved in a lane-splitting motorcycle accident in Las Vegas, Henderson, or the surrounding areas, contact Oronoz & Ericsson, LLC at (702) 878-2889 or use our online contact form to schedule a free consultation.
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Earlier this year I was traveling with my family when we were hit at a high speed by a drunk driver. The impact was so severe that my car was thrown completely off the road…Bob G.
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Lane splitting is when motorcyclists ride or weave between lanes of traffic. You most often see this in bumper-to-bumper traffic during rush hour.
Law enforcement takes this act seriously, as it’s responsible for many Nevada accidents and fatalities. This is especially true when the other driver is not paying attention to bikers on the road.
According to Zero Fatalities Nevada, 297 fatalities and 293 fatal motorcycle accidents occurred between 2015 and 2019.
In short, lane splitting is illegal in Nevada. As of 2022, California is the only U.S. state that allows splitting. If you’re pulled over for lane splitting in Nevada, you could expect a $190 ticket for the offense. Further infractions might result in worse penalties, including a license suspension.
NRS 486.351 lays out specific provisions on passing, driving abreast, or riding in the extreme far left lane.
According to the statute, a person other than an on-duty police officer cannot drive a motorcycle or moped between moving or stationary vehicles occupying adjacent traffic lanes.
The law further states that bikers are prohibited from passing vehicles within the same traffic lane. If a biker is preparing to make a left turn, they must do so not more than one-quarter of a mile from the turn.
The only viable exception to the lane-splitting law is if you are an on-duty police officer. However, it’s worth noting that motorcyclists can legally share lanes.
Suppose you were injured in a motorcycle accident while lane splitting. In that case, you can still receive compensation. Nevada has a comparative negligence rule, which means that a percentage of responsibility is split between all parties.
As long as the court determines that another party, here being another driver, is at least 51% responsible for your lane splitting accident, you are still eligible for compensation.
So, if you were found to be 20% at fault for a motorcycle accident because you were lane splitting, and your settlement was $100,000, you could still recover $80,000.
Liability is proven by first establishing fault. The fault is determined by a jury who is responsible for identifying the responsible party or parties and assigning the percentage of responsibility. Liability is the legal responsibility for compensation.
The jury examines all types of evidence to determine the appropriate percentage to establish liability.
In a lane-splitting accident, some evidence that might be examined includes photos, videos, witness testimony, medical records, police reports, and testimony from experts who can reconstruct the accident. Therefore it’s critical to document everything after a severe accident.
An accident reconstructionist might gather evidence showing the other driver abruptly changed lanes, which contributed partially to the wreck.
Medical records could show the other driver was over the legal limit for alcohol, resulting in them sharing fault. As you can see, it’s vital not to admit fault until a lane splitting accident attorney has reviewed your case. You could miss out on recovering compensation for your injuries.
After a lane-splitting accident, you’ll need as much compensation as possible to cover your medical expenses. You might have suffered any one of the following injuries:
Due to the danger of these accidents, this is not an exhaustive list of injuries. A loved one might have even died as a result of the accident. In that case, pursuing a wrongful death claim might be in your best interest.
If you were injured or a loved one was a fatality in a lane-splitting motorcycle accident, you need solid legal representation at Oronoz & Ericsson, LLC to support you. Call us at (702) 878-2889 or use our online form for more information.