Stuck in Georgia traffic? Have you ever wished you could bypass those gridlocked cars on your motorcycle? It’s tempting, but is lane splitting legal in Georgia? The answer is a definitive no.
Despite potential benefits like reduced congestion and improved rider safety, lane splitting is illegal in the Peach State. Unless you’re an on-duty police officer, riding between lanes of traffic on your motorcycle is strictly off-limits.
However, even if you were lane splitting at the time of an accident, it doesn’t necessarily mean you are out of options.
Can You Get Compensation After an Accident Involving Lane Splitting in Georgia?
Lane-splitting accidents can be a legal gray area. You might be wondering if you have any options for compensation, even though you were technically breaking the law. The truth is, while lane splitting is illegal, it doesn’t automatically bar you from seeking damages. Several factors can influence your case.
Was It Really Lane Splitting?
Were you actively riding between lanes at the time of the accident, or were you simply changing lanes or maneuvering to avoid danger? It could positively impact your case if you were already back in a single lane when the collision happened. The specific circumstances surrounding the accident are important in determining liability.
Did the Other Driver Share the Blame?
Drivers make mistakes, and their negligence can contribute to accidents. If the other driver was careless—merging without checking their blind spot, cutting you off, or being distracted—you might still be able to recover damages. Georgia’s modified comparative fault law allows you to seek compensation as long as you are less than 50% responsible for the accident.
Was Lane Splitting Irrelevant to the Crash?
Sometimes, the fact that you were lane splitting might not even be a factor. If a mechanical failure like bad brakes or a clutch problem caused the accident, lane splitting played no role in the crash. If this is the case, you might have a product liability claim against the motorcycle manufacturer or dealer, allowing you to seek compensation without proving fault directly.
What to Do If You Get Hurt Lane Splitting in Georgia
A motorcycle accident is jarring enough, but there’s an additional layer of stress if the accident involves lane splitting. Georgia residents might wonder, Am I in more trouble now? Is it legal to split lanes in Georgia, and if not, what are my rights?
First, take a deep breath and make sure you are safe. Once you’re safe and if you are able, take these steps:
- Gather evidence. If you are physically able, take photos, record videos, and get witness contact information while you are at the scene of the crash. However, if you are too hurt to do this, don’t worry; your lawyer will help you gather evidence later.
- Write it down. Your memory of what happened is important. Write down everything you can recall.
- See a doctor. Even if you don’t feel injured, always see a doctor as soon as possible after the crash. Some injuries do not immediately present themselves, and you need to know if you are hurt both for recovery purposes and for a potential legal claim.
- Focus on healing. Always follow your doctor’s orders so you do not exacerbate any injuries. And be careful not to push yourself to do too much too soon.
- Stay off social media. Don’t discuss the accident online or with insurance companies without talking to your lawyer first. If you are claiming injuries and compensation, it’s best to stay off social media until your case is resolved because the opposition can even use innocent posts against you.
It’s important to understand that while lane splitting is illegal in Georgia, it doesn’t mean you’re automatically at fault. However, it will likely complicate things. This is where a lawyer comes in. They can help you determine your options and clarify any questions you may have.
Been in a Motorcycle Accident? We’re Here to Help.
Recovering from a motorcycle accident, especially one involving lane splitting in Georgia, can feel like a long, bumpy road. At Evans Litigation and Trial Law, LLC, we understand.
Attorney Alfred Evans has spent over 24 years fighting for people like you and knows the courtroom inside and out. His early career experience defending insurance companies gives him unique insight into their tactics, allowing him to anticipate their moves and build a stronger case for you. From the moment you call, we’re on your team, working with you to get the best possible outcome.If you’ve been injured in a motorcycle accident, contact us today for a free consultation. Let’s work together to put the pieces back together and get your life back on track.
Alfred L. Evans III, an Atlanta native and Hampden-Sydney College alum, is a seasoned personal injury lawyer with a unique background in insurance defense. Founding Evans Litigation and Trial Law in 2013, he specializes in wrongful death litigation, trucking litigation, and various vehicle accident cases. Recognized as a Super Lawyer and a “Rising Star” by Superlawyers, Alfred applies his in-depth knowledge of the insurance and trucking industries to maximize client recoveries.
Loading...