Yes, if you were injured in a motorcycle accident while lane splitting in Louisiana, you can still file a claim. However, it’s important to understand how lane splitting may affect your claim, since the practice is illegal under Louisiana law.
If you’re facing questions about lane splitting and liability after a crash, reach out to a motorcycle accident attorney to help protect your rights and fight for fair compensation.
Is Lane Splitting Illegal in Louisiana?
Yes. Under Louisiana Revised Statute 32:191.1(C), no person may operate a motorcycle between lanes of traffic or between adjacent rows of vehicles. The only exception applies to police officers performing their official duties. A lane-splitting violation can result in a fine of up to $200 or up to 90 days in jail.
Because lane splitting is against the law, riders who were lane splitting at the time of a crash will likely face questions about whether that decision contributed to the accident. However, the fact that lane splitting is illegal does not automatically prevent a successful claim.
How Lane Splitting Can Affect Fault
Louisiana follows a modified comparative fault rule under Louisiana Civil Code Article 2323. This means that more than one party can share responsibility for an accident, and each party’s compensation is reduced according to their percentage of fault.
If you were lane splitting when you were injured, the insurance company for the other driver will likely argue that your decision to lane split contributed to the crash, even if the other driver was also negligent.
If an investigation finds that you share some responsibility for the crash, your compensation will be reduced by your percentage of fault. As long as you are found 50 percent or less at fault, you can still recover compensation for your injuries. If you are found more than 50 percent at fault, Louisiana law bars you from recovering any compensation at all.
If your accident resulted in the loss of a loved one, a Baton Rouge wrongful death lawyer can also help your family understand your legal options.
Evidence That Can Help Your Claim
Because insurance companies will look for any opportunity to shift blame onto an injured rider, strong evidence becomes especially important in these cases. Some types of evidence we may use to build your best case include:
- The police report, including the officer’s account of how the crash occurred
- Witness statements describing what each driver did leading up to the crash
- Photos or video of the accident scene, vehicle damage, and road conditions
- Traffic camera or dash camera footage, if available
- Cell phone records, if distracted driving by the other party is suspected
An experienced Baton Rouge motorcycle accident lawyer can help gather this evidence quickly, before it disappears, and use it to build the strongest possible case for your actual percentage of fault.
Contact a Motorcycle Accident Attorney in Baton Rouge
If you were hurt in an accident while lane splitting, speak with a motorcycle accident lawyer before accepting blame or giving a recorded statement to any insurance company. Additionally, even if you were lane splitting at the time of your accident, you may still be entitled to compensation.
At Chris Corzo Injury Attorneys, our Baton Rouge motorcycle accident attorneys will investigate every detail of your crash, push back against unfair fault allocations, and fight to recover the maximum compensation available to you.
Call us at (225) 999-1111 or complete the short form on our contact page to schedule your free consultation. Our motorcycle accident lawyers are available 24/7, and you pay nothing unless we win.