Lane Splitting in Los Angeles: What Every Injured Rider Should Know

Motorcyclists in California face unique legal and safety considerations that riders in other states do not encounter. Chief among them is the practice of lane splitting—riding a motorcycle between two lanes of stopped or slow-moving traffic. California remains the only state in the nation that explicitly permits lane splitting, a recognition of the realities of traffic congestion and motorcycle maneuverability.
However, while lane splitting is legal, it is often misunderstood. Following an accident, insurance companies and other drivers frequently try to argue that the motorcyclist was at fault simply because they were splitting lanes at the time of the crash. This creates significant challenges for injured riders who are already coping with medical bills, lost wages, and emotional stress.
Understanding the law and how it is applied in Los Angeles is essential for any rider involved in an accident. With the help of an experienced Los Angeles motorcycle accident attorney, victims can protect their rights and pursue fair compensation, even when liability is disputed.
What Is Lane Splitting and Why Is It Legal in California?
Lane splitting refers to riding a motorcycle between two lanes of vehicles that are either stopped or moving slowly, typically in heavy traffic. In 2016, California became the first state to explicitly define lane splitting in the Vehicle Code under §21658.1, which authorizes the California Highway Patrol (CHP) to provide safety guidelines for the practice.
The reasoning behind the law is both practical and safety-driven. Lane splitting can reduce traffic congestion, help motorcyclists avoid being rear-ended in stop-and-go traffic, and allow riders to move efficiently through crowded freeways. Still, the law requires that lane splitting be performed safely, and riders must exercise sound judgment when maneuvering between lanes.
Why Lane Splitting Leads to Disputes in Accident Cases
Despite being legal, lane splitting is one of the most contentious issues in motorcycle accident claims. Drivers who are not familiar with the law often assume that the rider was breaking traffic rules. Insurance adjusters seize on this misconception to argue that the motorcyclist caused the crash or was at least partially responsible.
Common scenarios that lead to disputes include:
- A driver changing lanes without checking blind spots, colliding with a motorcyclist.
- A sudden opening of a car door in stopped traffic.
- Rear-end crashes where the motorcyclist attempted to move between lanes to avoid impact.
In each of these situations, the motorcyclist may be blamed simply because lane splitting was involved. Without legal guidance, riders risk losing their chance to recover damages even when the other driver’s negligence clearly caused the accident.
How Comparative Negligence Applies in Los Angeles
California follows a comparative negligence system, which means that liability in an accident can be divided among the parties. If an insurance company convinces a court that lane splitting was unsafe in a particular situation, the motorcyclist’s compensation may be reduced by their percentage of fault.
For example, if a rider is found 20% responsible for an accident, their recovery could be reduced by that percentage. Insurance companies aggressively use this rule to minimize payouts. This makes it crucial to have strong evidence and expert testimony to show that the rider’s actions were legal and reasonable under the circumstances.
How Attorneys Use Evidence to Prove Fault
A knowledgeable motorcycle accident attorney understands the misconceptions surrounding lane splitting and knows how to counter them effectively. Evidence collection is key. Attorneys may use:
- Accident reconstruction experts to demonstrate how the collision occurred and show that the rider acted within safe and legal limits.
- Traffic camera or dashcam footage to prove that the other driver failed to check blind spots, signaled improperly, or made a dangerous maneuver.
- Witness testimony from bystanders or other motorists who observed the accident.
By presenting this evidence, attorneys shift the focus back to the driver’s negligence and away from unfair assumptions about the rider.
Medical Evidence and Damages
Beyond proving fault, attorneys also rely on medical evidence to show the full impact of the crash on the injured rider. Motorcycle accidents frequently result in severe injuries such as fractures, head trauma, spinal cord damage, and internal injuries. Medical experts explain the long-term consequences of these injuries, helping juries and insurance adjusters understand why full compensation is necessary for medical treatment, rehabilitation, and loss of income.
When lane splitting is part of the case, insurers often argue that the injuries were the rider’s fault. Strong medical testimony counters these claims by focusing on the undeniable harm caused by the collision itself, regardless of whether lane splitting occurred.
Protecting Your Rights After a Lane Splitting Accident
The bottom line is that lane splitting is legal in California, and motorcyclists should not be unfairly penalized for exercising their rights on the road. Unfortunately, the stigma surrounding this practice means that injured riders often face an uphill battle in proving liability and securing compensation.
This is where legal representation makes a difference. An experienced Los Angeles motorcycle accident attorney knows how to dismantle biased arguments, present compelling evidence, and advocate for the full value of your claim.
Contact Kosnett Law Firm
If you have been injured in a lane-splitting accident in Los Angeles, you may feel overwhelmed by medical bills, lost wages, and uncertainty about your legal options. You do not have to face these challenges alone.
At Kosnett Law Firm, we fight to protect the rights of motorcyclists and ensure they are not unfairly blamed for collisions. Contact us today for a free consultation with a dedicated Los Angeles motorcycle accident lawyer who will stand by your side and pursue the compensation you deserve.
