Every motorcyclist knows the risks that come with sharing the road with larger vehicles. But when you are injured in an accident while lane splitting, those risks take on new dimensions in the legal arena.
Insurance companies and defense attorneys often seize upon lane splitting as a way to shift blame away from negligent drivers. This can jeopardize your right to full compensation.
Lane splitting in Indiana
Lane splitting refers to riding a motorcycle between lanes of stopped or slow-moving traffic. While this practice is legal in some states, Indiana law prohibits lane splitting. This legal distinction significantly impacts your accident claim.
If you were lane splitting when an accident happened, the other party’s insurance company will likely use this fact to argue that you contributed to the collision. Even if another driver ultimately caused the accident, your involvement in lane splitting could reduce your ability to recover full damages.
Under Indiana’s modified comparative fault rule, you lose the right to recover any damages if you contribute more than 50% to an accident. Conversely, if you hold 50% or less of the fault, your fault percentage reduces your potential damages. For example, if a jury assigns you 20% fault for lane splitting, and total damages equal $10,000, you would receive $8,000.
Proving fault and seeking compensation
To recover compensation, you will need to prove that the other driver was at fault and that you suffered damages as a result. Consider these steps:
- Gathering all accident reports and police statements
- Collecting photographs and videos from the accident scene
- Obtaining contact information for any witnesses
- Keeping detailed records of your medical treatments and expenses
- Documenting any lost wages resulting from your injuries
Even if you were lane splitting, you might still have a valid claim for compensation. The other driver’s distraction, speeding or other negligence could mean they bear some responsibility for the accident. Proving this requires a thorough investigation and a strong legal strategy.
Protecting your rights after a crash
The question is not whether lane splitting complicates your motorcycle accident claim, but whether you will let that complication prevent you from getting the compensation you deserve. Every day you wait to take action is another day insurance companies have to build their defense against your claim.
Take control of your situation by educating yourself about your rights and working with legal professionals who have a proven track record in motorcycle accident cases. Your recovery depends on it.