Whose Fault Is It When Road Accidents Happen Due to Lane-Splitting?

Helment and motorcycle on the road
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Helment and motorcycle on the road

Being involved in a road accident is one of the worst experiences you could ever deal with. It can leave you with hospital bills to pay, damages to settle, or injuries that require a long period of recovery. The tragedy may affect different aspects of your life, such as your career, finances, and self-esteem It can even make a huge negative impact on your future.

While you might be careful on the road, someone might make a mistake that may cause an accident. When this happens, you need to do the right thing and get immediate help to protect yourself and your interests. You might be eligible for a just compensation for the damages or injuries you sustain, provided you prove that the other party is at fault. Among the common road accidents involve a four-wheeled vehicle and a motorcycle.

Most states in the U.S. have no specific laws on lane-splitting by motorcycles while on the road, but the liability for accidents related to this often fall under the motorbike driver’s responsibility.

If the accident happened in Colorado, a motorcycle injury attorney in Denver or any other location in the state may help you in arguing your case for a personal injury claim. The state requires all complaints to be filed within three years, whether it involves a pedestrian, a motorcycle rider, or a vehicle passenger. This means the outcome of your case will depend on your punctuality when it comes to filing a complaint in a local court.

Finding Fault

Motorcycle and driver accident
While motorcycle riders are often responsible for lane-splitting accidents, there are times when other drivers could be at fault. An experienced motorcycle driver who has completed a training or safety course serves as an exception. In other cases, the driver may have split lanes to avoid a car or truck that suddenly changed lanes without warning.

If the motorcycle driver could prove that you were or other parties contributed to the accident, the amount to be paid for the damages may be reduced or may not even be awarded at all. In states such as Colorado, the comparative negligence rule applies to traffic accidents. It is best to consult a lawyer to learn more about your next moves regarding your case.

Comparative Negligence

The comparative negligence rule simply means each party has their own share of responsibility for the accident. For instance, a motorbike rider split lanes before colliding with your car, but you were found to be partially at fault since you were speeding at that moment.

A jury or insurance adjuster may rule that the car driver was 20% responsible for the accident, while the remaining share is given to the other party. If the amount to be paid for the damages cost $10,000, the motorcycle rider would effectively pay $8,000.

Legal representation will be important if you have recently encountered a vehicular accident and sustained injuries from it since it is likely that the defendant would also have their own lawyer. Work closely with your attorney and provide all the information or evidence necessary to win your case.

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