Lane-splitting accidents can involve multiple drivers. This makes it difficult to determine who was at fault. However, New York law allows victims to seek compensation even if the other driver is 99 percent at fault. In addition, any accident can be the result of a combination of factors, including road conditions and the manufacturer of equipment.
Who is at-fault in a lane splitting accident? Here’s what you should know.
Proving that the other driver was at-fault
If you are involved in a lane-splitting accident, you should know the steps involved in proving the other driver was at-fault. Even though you may be partially at fault in the accident, you can still recover compensation for your injuries. However, it is important to hire a personal injury attorney who has experience dealing with lane-splitting accidents.
First, you must gather as much evidence as possible. This may include eyewitness testimonies, police reports, and medical records. The sooner you gather evidence, the better your chances of winning a lane-splitting accident lawsuit.
Depending on the circumstances, you may have to show that the other driver owed you a duty of care. Even if the other driver was not drunk, he or she might be considered negligent per se, and thus at fault for any subsequent collision. If the other driver was at fault, you can use the evidence of the negligent behavior of the other driver to prove their negligence.
Factors that influence fault determination
If you have been in a lane splitting accident, you may be wondering who is at fault. A lane splitting accident can happen when a driver fails to properly gauge the safe space between two vehicles. For example, if a driver tries to lane split when they are travelling at speeds greater than 30 miles per hour, they may be at fault if the other driver fails to see them or strikes them at a dangerous angle.
Fault determination in a lane splitting accident is often complicated and involves a number of factors. Even though lane splitting is not illegal in Missouri, it is considered a negligent activity. Fault can be assigned to more than one party, including road conditions, the manufacturer of the other vehicle, and the distracted driver.
Damages awarded in a lane splitting accident
If you were injured in a lane splitting accident, you may be eligible to receive compensation for the physical harm you suffered. The amount of damages awarded depends on the circumstances of the accident, including the severity of your injuries. The extent of your injuries can include lost wages and caregiver responsibilities, including the cost of medical care. Additionally, you may be eligible to receive damages for emotional distress or loss of companionship.
Lane splitting is not legal in every state, but if you do it safely, you can avoid an accident. Evidence of safe riding can help the insurance adjuster and the court determine who is at fault. Always maintain your focus on the road while lane splitting, wear reflective clothing, and turn on your headlights.