Can I Collect Compensation For A Motorcycle Lane Splitting Accident?

Nobody likes to be stuck in stand-still traffic, but that’s oftentimes a reality that commuters face when navigating the Twin Cities during rush hour. If you’re stuck in a vehicle in a traffic jam, there’s little you can do to get to your destination faster. However, if you’re in a motorcycle, you may be able to maneuver through this traffic a little quicker by lane splitting.

Lane splitting is the practice of driving between two traffic lanes alongside cars that are in each lane. When performed correctly on a motorcycle, it allows the driver to jump ahead of standstill traffic. The maneuver certainly carries inherent risks, as speeding through a narrow opening past unsuspecting cars can easily lead to crashes even if the motorcyclist is careful. We don’t recommend lane splitting just to save a little time, but if you’re going to do it, would you be eligible for compensation in the event that you are injured in a crash? We explore the answer to that question and more in today’s blog.

Lane Splitting Legality And Compensation In Minnesota

Lane splitting is a controversial practice in Minnesota and throughout the United States, and the maneuver is considered illegal in a number of states. Minnesota is one such state. Lane splitting is an illegal move in Minnesota. If police catch you splitting lanes on your motorcycle, you’re likely to get pulled over and receive a ticket.

Even though it is considered an illegal move, that doesn’t necessarily remove your ability to collect compensation if you are injured while lane splitting in Minnesota. If you are injured in a lane splitting accident, the comparative fault system will come into play. In this scenario, you will be given a fault percentage that can impact your ability to collect compensation or cap the amount of damages you are eligible to receive.

In Minnesota, if you are deemed to hold 51 percent of the fault or more in your accident, you will be ineligible to collect compensation. For example, let’s say that you were splitting lanes, clipped a sideview mirror of an idling car and took a tumble. In this scenario, you would almost certainly be found to hold the majority of the fault for the accident.

However, let’s say that a vehicle tried to switch lanes as you were splitting lanes and struck you. In this situation, both sides would try to argue their case as to why they do not hold the majority of the fault. Unless dash camera video suggests that a driver performed the move aggressively or intentionally out of anger at the lane splitting motorcyclist, it’s still going to be very difficult to prove that an unsuspecting driver in slow moving traffic should hold the majority of the fault for causing a lane splitting motorcyclist to crash. You’re going to need an experienced injury lawyer by your side if you want to prove that you hold less than 51 percent of the fault for the accident.

Finally, it’s worth noting that your fault percentage will dictate how much compensation you can earn after an accident. If you were deemed to be 30 percent at fault and you incurred $10,000 in damages, you would be eligible to collect up to 70 percent of that amount, or $7,000. While that provides you with some compensation, you’ll still have a fair amount of out-of-pocket expenses. We strongly recommend avoiding lane splitting because even if you prove your case, odds are you’ll hold a percentage of the fault and your compensation options will be limited.

If you’d like to learn more about your compensation options after a motorcycle accident in Minnesota, or you have questions about a different type of personal injury, reach out to Dean and the team at Margolis Law Firm today at (952) 230-2700.