Motorcycles’ small size makes it easy for them to weave through traffic and ride between lanes, known as “lane splitting.” While it’s dangerous for motorcycles to drive between lanes of moving traffic, it doesn’t automatically make riders liable for accidents.
Only when motorcyclists are more at fault for lane-splitting accidents does South Carolina bar compensation. Otherwise, motorcyclists can sue, though their damages may be reduced. We can use photos, eyewitness statements, accident reconstruction expert testimony, and video footage to prove the other driver was more at fault. We handle settlement talks for victims, too, stopping them from accepting lowball offers just because they were lane splitting.
Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a free case evaluation from our South Carolina motorcycle accident lawyers.
What is Lane Splitting?
Lane splitting is when motorcycles drive between lanes moving in the same direction, generally on dotted lines. S.C. Code Ann. § 56-5-3640(c) makes lane splitting illegal in South Carolina.
Though lane splitting is illegal, it’s not necessarily dangerous. When there’s enough space between vehicles in neighboring lanes, motorcycles may move safely between them. This can reduce the risk of rear-end collisions by letting motorcyclists exit congested areas.
Still, car drivers might not expect motorcyclists to drive up beside them and might dart to make their own risky maneuvers.
Though lane splitting is illegal, two motorcyclists can legally share a lane side by side in South Carolina.
Can Motorcyclists Sue After Lane Splitting Accidents in South Carolina?
Although lane splitting is illegal, it doesn’t always block motorcyclists from suing other drivers. South Carolina is a modified comparative fault state, letting you sue as long as you’re not more to blame than the defendant.
Do not assume lane splitting caused or contributed to the accident. Other factors may have played a larger part, making another driver liable. Drivers who swerve into another lane without using their turn signals, checking blind spots, or looking out their windows might hit motorcyclists and bear liability.
Motorcyclists might split lanes to get away from drunk or aggressive drivers. They might go between lanes to avoid collisions, not cause them. To prove this, we can record eyewitness statements. They may confirm that you were reacting to someone else’s negligent conduct by lane splitting.
Damages in lane splitting accidents get lowered proportionally to victims’ liability. However, victims may still sue and get damages after these accidents. Your recovery may be sizeable even if comparative fault rules apply, and they may not, even if you were lane splitting.
What to Do After Lane Splitting Accidents in South Carolina
Do not assume you’re automatically at fault for a lane splitting accident, and don’t let that stop you from calling the police or documenting the crash.
Call the Police
After accidents, call the police. Officers will ask you what happened, and the other driver may point out you were lane splitting. Speak up about their conduct, like if they made a risky lane change and hit you.
Go to the Hospital
When passenger cars or trucks hit motorcycles, riders suffer bad injuries. Broken bones and road rash are common, as are back and head injuries. Don’t reject the care paramedics offer you and let them take you to the emergency room if necessary.
Start paying attention to how your injuries affect your quality of life, too. Extended hospital stays might contribute to the pain and suffering you endure after the crash.
Contact Our Lawyers
Contact our Columbia, SC motorcycle accident lawyers as soon as possible. Lane splitting can be completely unrelated to accidents, like ones caused by drunk drivers. Especially if you used lane splitting as a defensive maneuver, that shouldn’t stop you from getting compensation.
We’ll have three years to file your lawsuit. It helps to have as much of the statute of limitations to prepare arguments and organize evidence, so don’t wait to reach out.
What Evidence Can You Use in South Carolina Lane Splitting Accident Lawsuits?
We can investigate and preserve evidence after accidents that prove lane splitting was not the sole or primary cause like photos, eyewitness statements, and more.
Photos
Debris from a lane splitting accident may be in the middle of the road, so photograph it before it’s removed. Take pictures of your motorcycle and any other involved vehicles as well. Photographs of visible lacerations or other injuries help prove when and how you were injured.
Witness Testimony
In addition to eyewitness testimony, we use expert witness statements. Experts use photos, police reports, and victim statements to reconstruct accidents. They may pinpoint the other vehicle’s speed when they hit you, proving how fast they darted out of their lane.
Cars and motorcycles both have “black boxes” that record events preceding accidents. Black box data can tell experts about a vehicle’s acceleration, seat belt usage, braking, and more.
Footage
We can survey crash sites for security cameras. Footage may prove lane splitting alone didn’t cause the crash. It may show a reckless driver bolting out of a lane or a drunk driver swerving and hitting a motorcyclist.
Evaluating Settlements Offers After Lane Splitting Accidents in South Carolina
Defendants might use comparative fault rules to intimidate victims after lane splitting accidents. Thinking they deserve less, they might accept lowball settlements.
Don’t accept the first settlement offer, even if it seems fair. Especially after a lane splitting accident, the defendant might offer low amounts, citing the victim’s shared fault as the reason.
We can respond to settlements with counters. We’ll explain why you deserve more and bear less liability for the crash than the defendant argues.
While we’ll reject any bad offers, we may advise you to accept a good one. We’ll tell you what to expect from a trial and can estimate potential damages from a jury award.
Call Our South Carolina Lawyers for Help with Your Motorcycle Accident Case
Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 for help with your case from our Sumter, SC motorcycle accident lawyers.
