Accidents happen in the proverbial blink of an eye, and most are caused by human error.
It comes down to two main factors: Either the driver is being reckless, or they’re not paying attention. When it comes to lane splitting, it is a combination of both. That is why lane splitting is illegal in West Virginia.
It only takes that one fraction of a second for a motorcyclist looking to sweep past traffic to slam into another car making a lane change.
A motorcyclist who’s cited for lane splitting can be held liable for an accident. However, a vehicle can also lane split. This is the exact type of accident scenario that an experienced Charleston motorcycle accident attorney can help with.
First, you need to understand the law and how it would apply to your situation.
Current West Virginia Laws on Lane Splitting
Every West Virginia motorist or cyclist needs to be familiar with all the traffic laws.
Ironically, drivers with the least road experience are probably better informed about the laws because they recently took their driver’s exam.
West Virginia Code §17C-7-9 stipulates laws for driving on laned roadways. These are the rules covered by the law:
- Three-Lane Roadways: Driving in the center lane is prohibited except when overtaking/passing or when the lane is marked for the current direction of travel.
- Lane Restrictions: Official signs directing traffic into specific lanes must be obeyed.
- Divided Highways: Drivers must stay to the right of any dividing space or barrier.
Lane Splitting vs. Lane Filtering in West Virginia
Both lane splitting and lane filtering are illegal in West Virginia. You might not even be aware that you’re breaking that law, but just because everyone else on the road is making these kinds of illegal maneuvers doesn’t mean you should.
Here’s the difference:
- Lane Splitting: Lane splitting occurs when a motorcycle rides between rows of moving traffic heading in the same direction.
- Lane Filtering: Lane filtering involves a motorcycle riding between rows of stopped or stalled traffic, such as at a red light.
Anyone who engages in these types of activities could receive a traffic ticket and be subject to fines, license penalties, and potential liability if they cause a crash.
Safety Risks for Motorcyclists on West Virginia Roads
Every motorcyclist will share their enjoyment of experiencing the open road along Route 150 or the Midland Trail. However, that freedom comes at an increased risk of getting into an accident. A minor swerve to avoid a reckless driver can spin a motorcyclist and have them spilling out on the road.
These are the safety risks every motorcyclist needs to be aware of:
Driver Negligence
Every driver has a blind spot. When those drivers fail to see motorcycles, pulling in front of them, or changing lanes, it puts the cyclist at direct risk.
Impairment
A driver who is intoxicated has their reaction time severely impaired. That can contribute to an accident where they would be 100% liable.
Reckless Driving
Reckless driving, including speeding, changing lanes without signaling, and distracted driving, can all contribute to motorcycle accidents.
Lack of Training
A significant portion of fatal crashes involve cyclists who have not gone through proper certification or are riding without a proper Class F endorsement.
Hazardous Road Conditions
There are miles of rural West Virginia roads that can have gravel, debris, and unexpected curves. Unexpected, rapid changes in weather, like fog or rain, can also create hazards on the road.
How Lane Splitting Affects a Personal Injury Claim
Because lane splitting is illegal in West Virginia, an insurance company will use that fact to argue that the rider is liable for the crash.
That can directly affect how compensation is calculated under West Virginia’s modified comparative negligence rule. The modified comparative fault standard allows for an injured motorcyclist to still recover damages as long as they are found to be less than 50% at fault for the accident.
However, any percentage of fault assigned to the rider will reduce their final compensation settlement.
Insurance companies can attempt to shift further blame by asserting that the rider did the following:
- Failed to remain in a single lane
- Created an unsafe passing situation
- Was traveling at an unsafe speed between vehicles
- Reduced a driver’s ability to see or react
Even though lane splitting does not automatically eliminate your right to compensation, it can reduce that final amount. That is why you need a strong and skilled legal advocate to knock back the insurance claims as they come up.
Establishing Liability in a Motorcycle Accident Case
Determining liability in any accident can be complex, but that is especially true with a motorcycle accident. When there are accusations of lane splitting, it can stand in your way of obtaining the maximum benefits you’re entitled to because of another driver’s negligence.
When Forbes Law Offices gets involved in an accident claim, we tap into all the resources of our legal team and network of investigators. We’ll gather all the available evidence in support of your claim, including the following:
- Police accident reports
- Dashcam or traffic camera footage
- Witness statements
- Vehicle damage analysis
- Accident reconstruction reports
- Medical records documenting injuries
- Roadway and weather condition documentation
Once we’re confident in the evidence and the story, we’ll proceed with a demand letter sent to the at-fault driver’s insurance company that lays out the facts and the damages you’re seeking. All of this is handled throughout the office. We’ll take care of the communications and negotiations so you can focus on healing.
You don’t want to let time slip by and miss your filing deadlines.
Call to set up a free case evaluation with our offices today. We can answer your questions and discuss the next steps for pursuing a remedy.
