There are two driving practices accepted in the motorcycle community that can cause motorcycle accidents and personal injury.
What are they?
Lane Splitting and Lane Filtering
Not everyone knows what the difference is between lane splitting and lane filtering.
Briefly, lane splitting is when a motorcyclist rides between rows (or “on the white line”) of stopped or slowly moving cars. riding between rows of stopped or moving vehicles in the same lane. Essentially, lane splitting is when the motorcyclist uses the dotted white line on the road as a lane to get ahead of everyone else.
Lane filtering, on the other hand, is when a motorcycle makes its way through stopped or slow-moving traffic to get to the head of the line. In lane filtering, the motorcyclist does not necessarily ride on the dotted white line, but instead continually slips through traffic to make his way to the head of the line. You see lane splitting most often at stoplights when a motorcyclist cuts through the traffic to get to the head of the line so he can be first through the intersection when the light changes.
Lane Splitting, Motorcycle Accidents, and Liability
Motorcycle accidents often result in catastrophic injuries or even death. But does that necessarily mean that lane splitting causes accidents?
The truth is that there are proponents on both sides of this question and whether the act of lane splitting by a motorcyclist caused an accident or not depends entirely on the facts of each individual case.
So, there is no one single answer to this question.
As with all traffic accidents, an investigation must be conducted to determine the percentage of fault attributable to each party in the accident. In most crash cases, the issue of fault is a critical and complicated one.
In Georgia, the issue of fault is important to your personal injury case because Georgia is an “at fault” state. This means that as long as the other driver was 51% or more “at fault” for the accident, you can recover for your damages.
That said, it is important for motorcyclists to understand that as of the writing of this post, both lane splitting and lane filtering are illegal in Georgia.
That means that if you are lane splitting or lane filtering and you get into an accident in Georgia, you could be held liable for any personal injuries or damages you cause.
Does that mean you will automatically lose your personal injury case if you lane split and get into an accident?
The answer to that question depends on the specific facts of your case which is why it is important to always consult with an experienced personal injury attorney.
Accident Attorneys in Georgia.
The personal injury attorneys at the Law Offices of Mark Weinstein, P.C., are here to help you. We serve clients in Atlanta, and in several counties throughout Georgia, including: Clayton County, Cobb County, Dekalb County, Douglas County, Fulton County, and Paulding County, among others. To find out how we can help you, call us at: 770-888-7707. Or contact us here.