New York Motorcycle Accident Attorneys

Lane splitting, also known as lane filtering and shoulder surfing, is an unavoidable fact of life for many motorcyclists on New York City’s busy streets. While lane splitting is against the law in the state, our attorneys know how to use New York’s pure comparative negligence rule to recover compensation for your damages.

Understanding Lane Splitting Accidents

Lane splitting, also known as lane sharing, shoulder surfing, and road hogging is a common practice for many motorcyclists. It allows them to avoid traffic congestion and is considered safer than sitting in a vehicle during a traffic jam. However, it is not without risks. It is important to understand these risks and take precautions while lane splitting to protect yourself from a motorcycle accident.

Some experts believe that lane splitting is safe as long as the rider is only going at about 50 miles per hour or less and is no more than 15 miles per hour faster than the speed of traffic. Nevertheless, it is still illegal in most states, including New York.

Other experts point out that the lane splitting method is dangerous due to how close motorcyclists get to cars while passing them, as well as the limited space for maneuvering on the roads. Furthermore, drivers may not anticipate that a motorcyclist will pass them in slowed or stopped traffic and rear-end collisions can result.

In any case, even when a lane splitting rider is taking the appropriate precautions, an accident can still happen. It is critical to gather as much evidence as possible after a lane splitting accident, such as witness contact information, photos of the crash scene, and medical records. This will help strengthen your personal injury claim and improve your chances of recovering compensation for your injuries.

Expertise in Motorcycle Laws

A large number of drivers have prejudices against motorcyclists. This is partly due to stereotypes from movies, TV, and personal experiences, but it can also be because they don’t understand motorcycling or the risks that come with it. This can make it difficult to establish liability in a motorcycle accident.

Lane splitting is a practice that allows motorcyclists to bypass traffic that has stopped or moved very slowly. This can help reduce traffic congestion and improve road safety. However, critics argue that it is dangerous because the noise and movement of a bike zipping between lanes can startle unsuspecting drivers. This can lead to side-swipe collisions and rear-end accidents.

Some states allow lane splitting because of the benefits it can provide for both riders and drivers in congested areas. Others ban the practice because of safety concerns. Regardless of the state law, lane splitting can increase the risk of an accident because of the reduced visibility of the rider and the varying speeds of surrounding vehicles.

A car crash caused by a lane splitting motorcyclist can leave the injured victim facing high medical expenses, vehicle repair bills, and lost wages. A lawyer can establish fault for the crash by working with experts, including investigators, accident reconstruction professionals, and medical specialists.

Investigating the Accident

Lane splitting requires high skill and acute awareness from motorcyclists. However, this practice increases the likelihood of accidents since drivers may not anticipate a motorcyclist traveling between lanes. Additionally, the limited space to maneuver when lane splitting makes it easier for vehicles to accidentally side-swipe or squeeze the motorcycle. This can result in severe injuries or even death.

Some motorists have a negative bias against motorcyclists, which often stems from stereotypes in the media and fiction. This prejudice can influence how they perceive a motorcycle accident, potentially blaming the rider for the incident. This could make it more difficult to obtain adequate compensation for medical bills, lost wages, and other losses.

Furthermore, if the motorcyclist was caught riding illegally while lane splitting, this could reduce how much they can recover from the at-fault party. However, New York law operates on the principle of contributory negligence, meaning that victims can still receive a significant portion of their economic damages.

In the case of a collision, it is important to gather evidence as soon as possible. This includes eyewitness testimony, police reports, and CCTV footage, as well as any physical or electronic evidence at the scene of the crash.

Negotiating with Insurance Companies

Lane splitting allows motorcyclists to avoid getting stuck in traffic, which could cause them to be rear-ended. However, critics point out that the noise and movement from a motorcycle zipping between cars might startle drivers or make them miss seeing the rider, resulting in sideswipe collisions or dooring accidents.

Some states, like New York, explicitly prohibit lane splitting. Others allow it only under certain conditions. In either case, if you are injured in an accident while the other driver was lane splitting at the time of the crash, their insurance company may attempt to blame you for your injuries. You will need a skilled Long Island motorcycle accident lawyer at your side to defend you against these allegations.

Navigating Unique Legal Challenges

Lane splitting is a common practice in many parts of the world, but its legal status varies widely across states. In fact, it is illegal in some states, such as New York. It is also controversial because it may not always be safe or effective, particularly when drivers are distracted in congested areas.

When a motorcyclist is involved in an accident while lane splitting, the resulting lawsuit can become complicated. Determining fault in these cases requires a thorough understanding of state laws, including the rules regarding negligence. Our lawyers can review all evidence to determine who was responsible for the crash and identify the parties who should be held liable.

In addition to determining liability, our attorneys understand that it is not uncommon for more than one party to be partially to blame for a motorcycle accident. This is because many states, like Massachusetts, follow a rule known as contributory negligence. This means that if more than one party is to blame for an accident, they can only receive a certain amount of compensation. This is why it is important to hire an experienced lawyer. This can help ensure that you are able to recover the full amount of your damages.

Advocating for Motorcycle Safety Awareness

While many people may view lane splitting as dangerous, the Motorcycle Safety Foundation reports that it “slightly reduces crash frequency.” It is also a great way for motorcyclists to pass cars that are moving slowly or at a stop.

However, lane splitting is illegal in most states and puts riders in close proximity to other vehicles. This increases the chance of a collision, especially because other drivers may not expect to see a rider maneuvering between lanes. Furthermore, the narrow space a rider must navigate between cars requires extreme skill and awareness.

Motorcyclists should always maintain a safe following distance and allow ample time to stop or change lanes, especially on slick roads or in bad weather. They should avoid using their phones, texting or using any drugs that could impair their judgment and reaction time.

Whether you’re a motorcyclist or a driver in another vehicle, a car accident can cause serious injuries. An experienced attorney can help you recover compensation for your medical bills, property damage, and other losses. An attorney will work to ensure that you receive the full amount you deserve. The legal team at Hipskind & McAninch works hard to protect the rights of injured victims and their families.

Litigation Support and Court Representation

While lane splitting is illegal in many states and is typically considered negligent behavior, you can still pursue an injury claim even if you were lane splitting at the time of your crash. Because New York is a pure comparative negligence state, you can recover compensation for your losses regardless of how much fault the other driver holds for the accident.

However, this does not mean that you will be able to fully recover your losses. If the court determines that you are 50 percent responsible for your accident because you were lane splitting, this could significantly limit your financial recovery.

Critics of lane splitting claim that the noise and movement of motorcycles zipping between lanes of traffic can startle unsuspecting drivers and lead to side-swipe collisions. In addition, they say that the practice leaves riders vulnerable to dooring accidents, in which a driver or passenger opens their car door in front of the rider. New York law requires motorcyclists to remain within the left two lanes of a multi-lane highway. However, experienced motorcycle riders know that this is not always possible on certain roads due to curves, unfavorable weather conditions, and other road obstacles.