May 7, 2015 | Uncategorized
The Law in Indiana
Lane Splitting is the practice of riding a motorcycle in between lanes of traffic. Unfortunately, there is misinformation on the web which implies that lane-splitting is legal in Indiana. Although lane splitting is not specifically addressed by name under Indiana Motorcycle traffic laws, a motorcycle, “may not be driven or operated in a manner that deprive(s) another vehicle of the full use of a traffic lane.” Indiana Code Sect. 9-21-10-6. If a motorcyclist decides to split lanes, he or she is depriving other motor vehicles of their right and ability to use the entire traffic lane. Therefore, lane splitting violates Indiana law.
Likelihood of Death or Serious injury
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Because motorcycles take up much less space than traditional passenger motor vehicles, motorcyclists may be tempted to skip waiting in traffic or pass a slower vehicle by riding along the line that designates the lanes on the road. Aside from the legal aspects of lane splitting addressed above, any motorcyclist who does so puts their life at risk. Drivers may not see a motorcyclist coming up alongside them and may be startled, which can cause them to suddenly brake, jerk the wheel, or have other dangerous reactions. Also, chances for motorcyclist who split lanes to ride in blind spots of other vehicles are high. These are all reasons why lane splitting has caused serious injuries and even death in Indiana.
Effect of Lane Splitting on a Potential Personal Injury Case
Indiana is a comparative fault state. That means in order to obtain any recovery, the motorcyclist must be held to be 50% or less at fault, and will recover proportionately to the other driver’s fault. If the motorcyclist was lane-splitting, it is probable that the majority of fault will be assigned to them and they will be unable to obtain any compensation for their injuries.
At the law office of motorcycle accident attorney Merry Fountain, we are committed to helping injured victims receive the maximum possible settlement or award. If you have suffered injuries, call us today at 888-242-HURT to schedule a free consultation.
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