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Lane Splitting Motorcycle Accidents

Have you or a loved one been injured in a motorcycle accident caused by someone else's negligence in Knoxville, Tennessee? Contact DZ Law today to schedule a free consultation with our Knoxville motorcycle accident lawyers. We will help you get the justice and compensation you deserve.

Lane splitting, while a common practice for motorcyclists, can be a dangerous maneuver, which is why t is illegal in Tennessee. Sharing a lane with a car or truck puts riders at a high risk of being injured.

Imagine trying to navigate between lanes on a congested section of Kingston Pike or on a busy day near West Town Mall. Cars can suddenly change lanes, drivers may not see you, or they may not be aware of the laws surrounding lane splitting. Unfortunately, these situations can lead to serious accidents with devastating consequences for the motorcyclist.

If you've been hurt in a lane-splitting accident, you're likely facing painful injuries, costly medical bills, and lost wages. To make matters worse, you might be unfairly blamed for the accident, even if you were riding safely and responsibly.

Insurance companies often try to take advantage of the complex laws around lane splitting to minimize claims or deny them altogether. It's frustrating and unjust, leaving injured riders feeling lost and overwhelmed.

At DZ Law, a Knoxville-based law firm specializing in personal injury and business law, we understand the unique challenges motorcyclists face, especially after a lane-splitting accident.

Our primary attorneys, Robert Dziewulski and Ashleigh Beer-Vineyard, have both earned the prestigious Mid-South Super Lawyer recognition for their dedication and skill. We're committed to fighting for riders injured in motorcycle accidents and securing the compensation they deserve. Contact a Knoxville motorcycle accident lawyer at DZ Law today for a free consultation, and let us protect your rights.

Tennessee Laws on Lane Splitting

Lane splitting, also known as lane sharing or white-lining, is the practice of riding a motorcycle between lanes of traffic, typically when traffic is slow or stopped.

This practice is controversial, with proponents arguing that it can improve traffic flow and reduce congestion, while opponents raise concerns about its safety.

 

 

Tennessee's Stance on Lane Splitting

Lane splitting is generally illegal in Tennessee. Tennessee Code Annotated (TCA) 55-8-182 states that all motorcycles are entitled to the full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane.

This effectively prohibits lane splitting, as riding between lanes would violate the motorcycle's right to full use of a single lane. 

Exceptions (Limited and Unclear)

While the general rule is that lane splitting is illegal, there's some ambiguity in the law regarding motorcycles operating "two abreast in a single lane."

Some interpret this to potentially allow two motorcycles to ride side-by-side within the same lane, but this is not the same as lane splitting between stopped or slow-moving traffic. It's a very narrow interpretation and does not legalize riding between lanes.

Legal Consequences

If a motorcyclist is caught lane splitting in Tennessee, they could face a traffic citation. The specific penalties can vary but may include fines and points on their driving record.

More importantly, if a motorcyclist is involved in an accident while lane splitting, they will likely be found at least partially at fault, which could significantly impact their ability to recover compensation for their injuries under Tennessee's comparative fault system.

 

 

Common Scenarios Leading to Lane Splitting Accidents

While lane splitting, the practice of riding a motorcycle between lanes of traffic, is generally illegal in Tennessee, it's important to understand the common scenarios that can lead to accidents when motorcyclists engage in this risky behavior. These situations can occur anywhere, from the busy I-40/75 split to the winding roads near House Mountain.

Recognizing these scenarios can help both motorcyclists and drivers of other vehicles avoid dangerous situations.

       Unexpected Lane Changes by Cars: One of the most frequent causes of lane-splitting accidents is drivers changing lanes without checking their blind spots or signaling properly. They may not expect a motorcycle to be there and can easily sideswipe the motorcyclist or force them into another vehicle or obstacle.

       Car Doors Opening: Drivers or passengers opening car doors without looking can create a sudden obstacle for a lane-splitting motorcyclist. This can result in the motorcyclist colliding with the door or being forced to make a sudden maneuver that leads to a crash.

       Sudden Stops or Slowdowns: When traffic comes to a sudden stop or slows down unexpectedly, a motorcyclist traveling between lanes may not have enough time or space to react, leading to a rear-end collision with a car in front or being rear-ended by a vehicle behind.

       Uneven Road Surfaces: The area between lanes is often where debris, oil, and uneven pavement accumulate. These hazards can cause a motorcyclist to lose control, especially when traveling at higher speeds.

       Driver Inattention or Distraction: Drivers who are distracted by cell phones, passengers, or other activities may not notice a motorcyclist approaching between lanes, increasing the risk of a collision.

       Aggressive Driving: Some drivers may intentionally try to block a lane-splitting motorcyclist or react aggressively when they see a motorcycle between lanes. This can lead to road rage incidents and dangerous confrontations.

       Limited Visibility in Congestion: In heavy traffic, it can be difficult for drivers to see a motorcycle approaching between lanes, especially if the motorcyclist is traveling at a significantly higher speed than the surrounding traffic.

 

 

Determining Liability in Lane Splitting Incidents

Determining liability in accidents involving lane splitting can be complex, especially in states like Tennessee where the practice is generally illegal. The specific circumstances of each accident must be carefully analyzed to assess the actions of the motorcyclist and the other drivers involved.

Motorcyclist's Liability

In Tennessee, since lane splitting is generally prohibited, a motorcyclist engaging in this behavior will likely bear a significant portion of the fault for any resulting accident. This is because they are violating a traffic law designed to protect their safety and the safety of others.

       Violation of Traffic Law: The act of lane splitting itself is a traffic violation, which can be considered negligence per se. This means that the motorcyclist is automatically considered negligent because they broke the law.

       Increased Risk: Lane splitting inherently increases the risk of an accident due to reduced visibility, close proximity to other vehicles, and the element of surprise for drivers.

       Comparative Fault: Even if another driver contributed to the accident, the motorcyclist's share of fault will likely be substantial due to their illegal maneuver. Under Tennessee's comparative fault system, if the motorcyclist is found 50% or more at fault, they cannot recover any damages.

Other Driver's Liability

While the motorcyclist's actions are a major factor, the other driver involved in the accident may still bear some responsibility if their negligence contributed to the crash. Examples include:

       Unsafe Lane Changes: If a driver changes lanes without signaling or checking their blind spot and collides with a lane-splitting motorcyclist, they may be partially at fault.

       Distracted Driving: A driver who is distracted by a cell phone, passengers, or other activities and fails to see a motorcyclist may share some blame.

       Opening Car Doors: Drivers or passengers who open car doors without checking for approaching traffic, including motorcycles that might be lane-splitting, could be found negligent.

       Aggressive Driving: Intentional acts of aggression directed at the motorcyclist, such as trying to block them or swerving towards them, could make the driver liable.

 

 

Evidence is Crucial

Determining liability requires a thorough investigation and careful analysis of the evidence, including:

       Police Reports: The police report will contain important details about the accident, including the officer's observations, witness statements, and any citations issued.

       Witness Testimony: Statements from eyewitnesses who saw the accident can be crucial in establishing what happened.

       Photographs and Videos: Visual evidence of the accident scene, vehicle damage, and road conditions can help reconstruct the events.

       Dashcam Footage: If available, dashcam footage from any of the vehicles involved can provide valuable evidence.

       Accident Reconstruction: In complex cases, an accident reconstruction expert may be needed to analyze the physical evidence and provide opinions on the cause of the accident.

Evidence Required to Prove Lane Splitting Was Not the Cause of the Accident

In states like Tennessee, where lane splitting is generally illegal, a motorcyclist involved in an accident while lane splitting faces a significant challenge in proving they were not at fault.

However, there are situations where the other driver's actions may be so egregious that they override the motorcyclist's negligence. Strong evidence is crucial to demonstrate that the lane splitting was not the primary cause of the crash. Here's what might be needed:

1. Evidence of Another Driver's Extreme Negligence

       Reckless Driving: Evidence that the other driver was engaged in highly reckless behavior, such as excessive speeding, aggressive driving, or driving under the influence, can shift the focus away from the lane splitting.

       Intentional Acts: Proof that the other driver intentionally tried to harm the motorcyclist, such as deliberately swerving at them or brake-checking them.

       Violation of Other Traffic Laws: Evidence that the other driver violated other traffic laws, such as running a red light, failing to yield, or making an illegal turn, that directly caused the accident.

2. Witness Testimony

       Independent Witnesses: Statements from unbiased witnesses who can testify that the other driver's actions were the primary cause of the accident, regardless of the motorcyclist's lane splitting.

       Passengers: If the motorcyclist had a passenger, their testimony could be helpful, although it may be viewed as less credible than that of an independent witness.

 

 

3. Video Evidence

       Dashcam Footage: If available, dashcam footage from the motorcycle or other vehicles can be invaluable in showing the other driver's actions and demonstrating that the lane splitting was not the primary cause.

       Traffic Cameras: Footage from nearby traffic cameras might capture the accident and provide evidence of the other driver's negligence. Many intersections around Knoxville, like those along Broadway and near the University of Tennessee, have traffic cameras.

4. Accident Reconstruction

An accident reconstruction expert can analyze the physical evidence, such as skid marks, vehicle damage, and the point of impact, to determine the sequence of events and establish that the other driver's actions were the primary cause, even if the motorcyclist was lane splitting.

5. Expert Testimony

An expert might be able to show that even if the motorcyclist had not been lane splitting, the accident would have occurred anyway due to the other driver's actions.

It's crucial to understand that even with strong evidence, overcoming the presumption of fault due to lane splitting in Tennessee is difficult. An experienced attorney like those at DZ Law can assess the specific facts of your case and determine the best strategy for pursuing a claim. Our lead attorneys Robert Dziewulski and Ashleigh Beer-Vineyard have the knowledge and skill to navigate these complex cases.

Compensation for Injuries in Lane Splitting Accidents

In Tennessee, recovering compensation for injuries sustained in a lane-splitting accident can be extremely challenging for the motorcyclist. Due to the generally illegal nature of lane splitting and the state's modified comparative fault system, motorcyclists often face an uphill battle in obtaining a financial settlement.

Comparative Fault's Impact

Tennessee's modified comparative fault system plays a significant role. If a motorcyclist is found to be 50% or more at fault for the accident, they are completely barred from recovering any damages.

Given that lane splitting is a traffic violation, it's highly likely that a motorcyclist engaging in this behavior will be assigned a substantial portion of fault, often exceeding the 50% threshold.

Reduced Compensation

Even if the motorcyclist is found to be less than 50% at fault, their compensation will be reduced by their percentage of fault. For example, if the motorcyclist is found 40% at fault and their total damages are $100,000, their award will be reduced by $40,000, leaving them with $60,000.

Types of Compensation

If a motorcyclist can overcome the significant hurdles and prove that the other driver was primarily at fault, they may be able to recover various types of compensation, including:

       Medical Expenses: Past and future medical bills related to the accident injuries, such as hospital stays, surgeries, doctor's visits, physical therapy, and medication.

       Lost Wages: Past and future income lost due to the inability to work because of the injuries.

       Property Damage: Costs to repair or replace the damaged motorcycle and any other personal property.

       Pain and Suffering: Compensation for the physical pain and discomfort caused by the injuries.

       Emotional Distress: Damages for mental anguish, anxiety, depression, and other psychological impacts of the accident.

       Loss of Enjoyment of Life: Compensation for the inability to participate in activities the motorcyclist enjoyed before the accident.

 

 

Challenges in Obtaining Compensation

There are some challenges you might encounter in your motorcycle accident case, including:

       Presumption of Fault: Due to the illegality of lane splitting, there's often a presumption that the motorcyclist was at least partially, if not primarily, at fault for the accident.

       Insurance Company Negotiations: Insurance companies are likely to use the motorcyclist's lane splitting as a reason to deny or significantly reduce the value of the claim.

       Burden of Proof: The motorcyclist bears the burden of proving that the other driver's negligence was the primary cause of the accident, despite their own traffic violation.

Contact a Knoxville Motorcycle Accident Lawyer

Motorcycle accidents can lead to devastating injuries and significant financial hardship. If you've been injured in a Knoxville motorcycle crash due to another driver's negligence, you need a dedicated legal advocate on your side.

DZ Law understands the unique challenges faced by injured motorcyclists. We know that bias against riders can exist, and insurance companies often try to downplay their injuries. Our experienced Knoxville motorcycle accident lawyers will fight aggressively to protect your rights and secure the compensation you deserve.

We handle cases involving all types of motorcycle accidents, including those caused by distracted driving, speeding, and improper lane changes. Whether your accident occurred on the I-40/I-75 interchange, on Chapman Highway, or anywhere else in the Knoxville area, we are ready to help.

Contact DZ Law by calling 865-259-0020 today for a free consultation. At DZ Law, we are committed to providing personalized attention to each case. Let us handle the legal battle so you can focus on healing and rebuilding your life.

Contact Us Today

DZ Law is committed to answering your questions about Transactional Litigation, Transactional Drafting, and Personal Injury law issues in Knoxville, Tennessee. We offer consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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