Motorcycles obviously require less space to maneuver than a standard motor vehicle. So, in a controversial move, a motorcyclist may ride between lanes to beat slowed or stopped traffic. This “lane splitting” is controversial, as it can be dangerous and is rather likely to result in some sort of collision. Please continue reading to learn more about lane-splitting motorcycle accidents and how an experienced Morris County, New Jersey auto accident lawyer at Macri Law Firm can help you understand whether you have a legal right to sue over it.
What is considered a lane-splitting motorcycle accident?
To reiterate, lane splitting is when a motorcycle travels between two lanes of motor vehicle traffic moving in the same direction. Along with reducing their travel time, a motorcyclist may justify this act as their effort to avoid rear-end collisions in stop-and-go traffic. While one argument can be that lane splitting is the safer option, it can also be disputed that it is more hazardous, as it makes a standard motor vehicle more likely to hit a motorcyclist due to the limited space and their vehicle’s blind spots. This is not to mention other external factors, such as potholes and uneven pavement, which may make a motorcyclist momentarily lose control and crash into a vehicle.
Is lane splitting legal in the state of New Jersey?
Of note, California is currently the only state that explicitly allows lane splitting, under very specific safety regulations. Other states may either leave lane splitting undefined in their traffic statutes or declare it illegal. Now, while the state of New Jersey may not address lane splitting, it does not necessarily permit motorcyclists to ride between lanes of moving or stopped traffic either. Specifically, a law enforcement officer may pull over a motorcyclist for lane splitting and cite offenses like “failure to keep right,” which makes it effectively outlawed in the state.
Can I sue a motorcyclist for a lane-splitting accident in New Jersey?
All of this to say, as a standard motor vehicle driver who accidentally collided with a motorcyclist engaging in lane splitting, you may have a valid legal case on your hands. Even though the motorcyclist may have suffered greater injuries and damages because they were less protected by their given mode of transportation, they may have also exhibited greater negligence in the moments leading up to the crash. And so, with New Jersey’s modified comparative negligence statute, you may still have an opportunity to recover at least a portion of your incurred economic and non-economic damages.
If you are still hesitant about taking the monumental step of taking legal action, consult with a skilled Parsippany, New Jersey personal injury lawyer from Macri Law Firm to get the assurance and confidence you need to proceed. From here on out, we will be with you every step of the way.