While lane splitting is illegal in Virginia, Virginia law does allow two motorcyclists to ride abreast of each other in one lane of travel. It is against the law for a motorcyclist to split lanes – meaning that they cannot overtake vehicles by driving between them. If you ride your motorcycle, get into an accident due to a motorist’s negligence, and are accused of splitting lanes, get help from a lawyer.
The attorneys at MartinWren, P.C. were responsible for 3 of the 14 largest verdicts in Virginia in 2023, according to Virginia Lawyers Weekly. Our Charlottesville motorcycle accident lawyer can explain if lane splitting is legal in Virginia and address other legal concerns and questions you have. For more information, reach out to us.
What Is Lane Splitting?
Lane splitting occurs when a motorcyclist drives between lanes to pass cars, trucks, and other vehicles. Per Code of Virginia § 46.2-857, it is against the law for two vehicles to travel next to each other in the same lane. Despite that law, however, Virginia’s legislature has made it clear that “[n]othing in this section shall be construed to prohibit two two-wheeled motorcycles from traveling abreast while traveling in a lane designated for one vehicle.” This means that motorcyclists can share the same lane of travel, but they cannot travel between lanes to pass vehicles.
The American Motorcyclist Association (AMA) endorses lane splitting, noting research has shown it can enhance rider safety. Regardless, it is a rider’s responsibility to follow the rules of the road. Much in the same way, a motorist must comply with the law, and failing to do so could cause a driver to crash their vehicle into a motorcyclist.
There are times when a motorcyclist is injured in an accident, and a driver claims that the incident is the result of the rider’s decision to split lanes. If you are involved in this situation, the team at MartinWren, P.C. may be able to assist you. Contact us to learn more.
For a legal consultation with a personal injury lawyer, call 434-817-3100
Are There Any Times When Lane Splitting Is Legal in Virginia?
Lane splitting is a violation of Virginia’s law. If you commit this crime, you could be charged with a reckless driving misdemeanor. In addition, you could cause an accident and be liable financially for any harm you cause.
On the other hand, you could ride your motorcycle safely, switch lanes, and have a negligent motorist crash their vehicle into you. This leaves you with an injury and damage to your bike. At this point, you could pursue damages from the driver as part of an insurance claim or personal injury lawsuit.
Following a motorcycle accident, it may be best to meet with a lawyer. From here, your attorney can discuss motorcycle safety and your legal rights. They could help you build a case that proves you are in no way at fault for your accident.
Can You Get Damages if You Are Splitting Lanes and Get into an Accident?
It is unlikely you will get damages if a judge or jury finds you split lanes and caused a motorcycle accident unless you can show that the lane splitting played no role in the crash. The defendant in a lane-splitting case would argue that you broke the law, that the violation caused the crash, and that you are therefore contributorily negligent and barred from recovering anything. As such, a judge or jury may be inclined to rule in their favor on the basis of contributory negligence.
Ultimately, finding legal help after your motorcycle accident is key. Your attorney can use accident scene photos and videos, police reports, and others to show a motorist was negligent. This could make it clear to a judge or jury that you were not splitting lanes and deserve damages from the liable driver. Or, if you are facing an argument that you were negligent and that your negligence contributed to your injuries, an experienced motorcycle attorney can help fight against claims of contributory negligence.
Your lawyer can help you pursue maximum damages after your motorcycle accident. The types of damages offered in a motorcycle crash include economic and non-economic compensation. Therefore, you could receive compensation for your past and future medical bills, lost wages, pain and suffering, inconvenience, scarring, and other quantifiable and subjective losses.
What Should You Do if You Get into a Motorcycle Accident and Are Accused of Splitting Lanes?
Ask a motorcycle accident attorney to help you out. Your lawyer understands lane splitting is not legal in Virginia, and they can prepare a case that shows you were not violating the law. In addition, your attorney can provide legal tips to help you achieve the best possible case results, such as:
Continue to Receive Medical Care and Support
Go to a hospital immediately after your accident to let a doctor evaluate and treat you. In the days and weeks that follow, receive ongoing medical care and support. Keep track of your medical treatments and bills, as this information could help you show a judge or jury how badly you were hurt.
Notify Your Insurer
There are insurance requirements for motorcyclists and drivers in Virginia. Tell your insurer about your accident, even if you are not at fault. Next, your insurance company can investigate your accident and may help you get compensation for your losses.
Do Not Publish Content About Your Accident on Social Media
Social networks make it easy to share photos and videos relating to your accident with the entire world. If you publish content about your accident online, it is publicly accessible, and an at-fault party and their insurance company could use it against you. And, of course, they will attempt to use any social media posts to show that you are not badly hurt but that you are continuing life the same as before the crash. Because insurance companies and their attorneys can take social media posts out of context, it is best to refrain from social media posting after a bad crash.
Do Not Speak to the At-Fault Party or Their Insurer About Your Accident
If the liable party or their insurance company contacts you about your accident, do not say anything about the incident. Advise them to reach out to your attorney, and your lawyer can discuss your accident on your behalf. By allowing your attorney to talk about your accident, you can avoid saying anything that could hurt your chances of collecting damages.
Be Open to Settlement Negotiations
Based on Code of Virginia § 8.01-243, you may have up to two years from the date of your accident to request damages. In addition, your claim might be subject to notice periods that require you to provide notice to an at-fault party shortly after the crash occurs.
If you file a lawsuit, your lawyer will keep you updated about settlement negotiations leading up to your trial date. You can review any settlement offers with your lawyer, and if it meets your expectations, you can accept it and close your case.
Along with these things, communicate and collaborate with your lawyer as your litigation moves forward. An attorney focuses on getting their clients the best verdicts and settlements. Throughout your litigation, your lawyer advocates for you, protects your legal rights, and puts you in a great position to secure the compensation you want.
Hire a Lawyer Who Can Teach You About Lane Splitting in Virginia and Other Legal Topics
The legal team at MartinWren, P.C. takes the guesswork out of the legal process. We can help you pursue damages as part of a motorcycle accident lawsuit and prove you were not splitting lanes or acting negligently at the time of the incident. Schedule a free case consultation with our team.
Call 434-817-3100 or complete a Case Evaluation form
