The Impact of Lane Splitting on Motorcycle Accident Claims: Legal Perspectives for Oklahoma Riders
Motorcycle riders often seek ways to maneuver through traffic, and lane splitting—riding a motorcycle between lanes—may seem like a practical solution. However, in Oklahoma, lane splitting is illegal and has significant implications for motorcycle accident claims. With the help of an Oklahoma motorcycle wreck attorney understanding the legal aspects surrounding lane splitting can help riders make informed decisions and protect their rights in the event of an accident.
Legal Status of Lane Splitting in Oklahoma
Oklahoma law explicitly prohibits lane splitting. According to Oklahoma Statute § 47-11-1103, motorcycle operators cannot pass between lanes of traffic moving in the same direction, with exceptions only for authorized emergency vehicles. This law is designed to enhance road safety, as lane splitting can increase the risk of accidents for motorcyclists and other drivers.
Despite the illegality of lane splitting, accidents can still occur. The legal ramifications can be complex if a motorcyclist gets in an accident while between lanes. The rider may be deemed negligent simply for engaging in an illegal maneuver, affecting their ability to recover damages.
Comparative Negligence in Oklahoma
Oklahoma follows a modified comparative negligence system. This system states that if multiple parties are involved in an accident, the fault can be distributed among them. For example, if a motorcyclist is lane-splitting and is hit by a car that turns unexpectedly, the court may hold both parties liable.
If the motorcyclist is less than 50% at fault, they can still recover damages. However, if they are 50% or more at fault, they will be barred from receiving any compensation. For example, if the total damages amount to $10,000 and the motorcyclist is deemed 10% at fault, they could recover $9,000.
Conversely, if they are 51% at fault, they would receive nothing, even if the other driver was also negligent.
After a Lane Splitting Accident
If a motorcyclist is injured in an accident while lane splitting, there are several crucial steps to follow:
- Seek Medical Attention: Prioritize health and safety by seeking medical care immediately, regardless of injury severity.
- Document the Scene: Collect evidence at the accident scene, such as witness statements, photographs, and police reports. This information will be useful for finding the fault.
- Contact an Attorney: Engaging an experienced Oklahoma motorcycle wreck attorney is essential. They can help navigate the case’s complexities, including determining fault and potential compensation.
- Keep Records: Maintain detailed records of expenses, medical treatments, and any impact the injuries have on daily life. This documentation will support claims for damages.
- File Claims Promptly: Oklahoma imposes a two-year statute of limitations on personal injury claims. Delaying action can jeopardize the ability to recover damages.
Conclusion
For Oklahoma riders, understanding the legal implications of lane splitting is crucial. Engaging in this illegal maneuver can complicate accident claims and affect the ability to recover damages. By taking proactive steps after an accident and seeking the guidance of a knowledgeable attorney, riders can better protect their rights.
If you or someone you know has been involved in a motorcycle accident, consider reaching out to J. Jackson Law Offices. Their experienced Oklahoma motorcycle wreck attorneys can provide the legal support necessary to navigate the complexities of your case and ensure that your rights are upheld.