Just like any other injury claim, the basis for an accident claim after a car vs. motorcycle collision is based upon liability.
If you were lane splitting before being involved in a car vs. motorcycle collision, you might be wondering, is lane splitting illegal in Missouri? And if it is, can you still file an injury claim?
What is Lane Splitting?
Also sometimes known as stripe riding or white-lining, lane splitting (not to be confused with lane sharing) involves riding a motorcycle between two full lanes of slow-moving vehicles or gridlock. Often, motorcyclists split lanes to bypass slow traffic or avoid collisions.
Is Lane Splitting Illegal in Missouri?
There is currently no law in Missouri that explicitly states lane splitting is illegal. However, that does not mean it’s legal. Also, this does not change the fact that most people generally consider lane-splitting a dangerous, reckless practice.
Can You File a Claim if You Were Lane Splitting?
The answer is a resounding “yes.” You see, just like any other injury claim, the basis for an accident claim after a car vs. motorcycle collision is based upon liability. And lane splitting is not proof that you’re to blame for the accident and the resulting injuries and damages. So, even if you were lane splitting when you were injured, you can pursue your injury claim.
Can lane-splitting affect the value of your claim? In truth — how lane splitting will affect the value of your injury claim will depend on the actions and events leading to the accident and the view of the court or jury on lane splitting.
What if You Were Partly to Blame for the Accident?
Since lane splitting is a dangerous practice, you might feel an overwhelming urge to apologize to the other party. However, you should avoid apologizing or saying something that may be interpreted as an admission of guilt or fault.
Remember: the insurance company is a money-making organization. As such, they will look for opportunities to reduce the value of your claim. So please don’t give them the ammunition they need to devalue your settlement.
But what happens if the court finds you’re partially at fault for the collision? In this case, your right to receive 100% of the value of your injury claim will be waived. Instead, the comparative negligence doctrine will apply.
Under Missouri pure comparative negligence law, each party in a car wreck is only liable for their percentage of fault. So, your compensation will be reduced by your degree of negligence and how that contributed to the collision.
Hire a Motorcycle Accident Attorney
Because of how complex lane-splitting wrecks and rules are and how difficult it is to prove negligence, it’s always wise to ensure you have an experienced attorney by your side. Your attorney will help you build a strong claim and demonstrate how the at-fault party caused your accident and injuries.
The attorney will also handle the insurer on your behalf; fight any evidence against you, and determine whether you bear any responsibility for the accident. Most importantly, your attorney will do everything in their power to ensure you get reimbursement for all your injury-related expenses — including medical expenses, lost wages, “pain and suffering,” etc.
The Hoffmann Law Firm Is Here to Help!
If you or a loved one sustained severe injuries in a motorcycle accident, you might be eligible for compensation for your injuries and damages. Please reach out to our team at The Hoffmann Law Firm to discuss your case and determine the best legal options for you. Book an appointment today!