Defensive Legal Tactics for Motorcycle Accidents Involving Lane-Splitting in Texas

What Should You Know About Lane-Splitting?

If you’re injured in an accident with a negligent driver or a negligent motorcyclist in or near the Houston area, you must contact a Brazoria County motorcycle accident attorney as quickly as possible. 

Motorcycles account for fewer than two percent of the registered motor vehicles in Texas, but in 2021, motorcycles were involved in twelve percent of this state’s fatal traffic accidents. In 2023, there were more than 8,700 motorcycle accidents in Texas.

These accidents caused 599 deaths and more than 2,400 serious injuries. Many of these accidents involved lane-splitting, which is illegal in Texas. What is lane-splitting? Why is it so dangerous? And what are your options and rights if you are injured in an accident caused by lane-splitting?

How is Lane-Splitting Penalized in Texas?

Generally speaking, lane-splitting happens when a motorcyclist crosses painted lines on the road to proceed between and past slower-moving vehicles moving in the same direction. The precise definition of lane-splitting varies slightly from state to state.

Several states allow lane-splitting in particular situations, but not Texas. A $175 fine is the usual penalty for lane-splitting in this state. A Texas motorcyclist who causes a traffic accident by lane-splitting will be deemed either wholly or partially at-fault for the accident.

When a motorcycle accident is investigated, lane-splitting may or may not prompt charges of negligent or reckless driving. The main question is this: Was the car or truck driver speeding or driving recklessly, or was the lane-splitting motorcyclist the only party at-fault?

Why is Lane-Splitting So Dangerous?

Why is lane-splitting dangerous, and why is it illegal in this state? The dangers associated with lane-splitting include but are not limited to:

1. car and truck doors that open suddenly
2. drivers abruptly changing lanes without using their blinkers
3. drivers who make turns without realizing a motorcyclist is present
4. hands, arms, or objects unexpectedly coming from car and truck windows

How Does Comparative Negligence Apply in Lane-Splitting Accidents?

Texas is a “comparative negligence” state for auto insurance, which means that each driver in a traffic accident may be assigned a percentage of the fault. Let’s say that Motorist Y suddenly and recklessly changes lanes and collides with Motorcyclist Z, who was lane-splitting.

A car insurance company or a trial jury (should the case go to trial) may determine, for example, that Motorist Y is 70 percent liable for the accident due to recklessly changing lanes and that Motorcyclist Z is 30 percent liable for the accident because he or she was lane-splitting.

If Motorcyclist Z is injured with damages of $100,000, under comparative negligence in Texas, Motorcyclist Z’s damages would be reduced by 30 percent. The motorcyclist could still recover $70,000 (70 percent of his or her damages) for medical costs, lost wages, and related losses.

What Should You Do After a Motorcycle Accident?

If you sustain injuries in a collision that involves a motorcycle, whether you are a motorcyclist or a car or truck driver or passenger, seek medical assistance. That’s the priority. After you’ve been examined and treated, arrange to meet with a Brazoria County motorcycle accident lawyer.

If you’re not treated at the scene or taken to a hospital, have a medical exam at once – within the first 24 hours if possible. Without that exam, you may have difficulty linking your injury to the accident, and the other party’s insurance company may claim your injury occurred elsewhere.

How Will Your Attorney Handle Your Injury Case?

If you’re injured in a crash with a lane-splitting motorcyclist and you weren’t at fault, and if your Brazoria County motorcycle accident attorney can prove it, Texas law will be on your side.

Your attorney will examine witness statements, medical records, the police report, and any photos or video of the accident. Then, your attorney will try to negotiate a settlement of your personal injury claim.

Nevertheless, if no reasonable settlement offer is forthcoming in the pre-litigation negotiations, or if liability for the collision is in dispute, your lawyer will file your case in court and can take it to trial and tell the jurors why they should award your compensation.

What Damages Can Injury Victims Recover?

On the other hand, if you’re a motorcyclist who is injured by a car or truck driver’s negligence, even if you were lane-splitting, you can also be compensated for a percentage of your damages. The damages that injured victims of negligence are entitled to recover include compensation for:

1.  current and projected future medical care and treatment
2.  lost wages and projected future lost earnings
3.  personal suffering and pain
4.  additional accident-related damages and losses

When Should You Contact an Attorney?

You have two years from the date you were injured to take legal action with a personal injury claim after a motorcycle accident in Texas, with very few exceptions. It’s best to speak with an attorney immediately after you’ve been examined and treated by a medical provider.

Don’t wait two years. Over time, evidence can be lost, altered, or contaminated. Your Brazoria County motorcycle accident lawyer will need to scrutinize the evidence while it’s still fresh and speak with any witnesses to the accident before their memories fade.

What Will Justice Cost?

If you are injured by a negligent or careless motorcyclist, or if you’re a motorcyclist and you’re injured by a negligent or careless car or truck driver, it costs nothing to find out more about your rights. A Houston-area motorcycle accident lawyer can take your case on a contingent fee basis.

Your first legal consultation is free, and you’ll owe no lawyer’s fee until and unless your lawyer obtains your compensation with a jury verdict or a private settlement. But with so many attorneys in the greater Houston area, who will make your personal injury case a priority?

The Kahn Law Firm Will Fight for the Compensation and Justice You Need

Houston-area personal injury attorneys John J. Kahn, Jr. and Jennifer Hodges Kahn have substantial experience resolving the most complicated personal injury claims. For over twenty years, we have been recovering the compensation that our injured clients need.

We’re a husband and wife law firm, so we can make your case a priority and give it our complete personal attention. If you are injured in the Houston area in an accident that involves lane-splitting, contact the Kahn Law Firm as quickly as possible by calling 713-999-6549.