Motorcycle accidents can be overwhelming and confusing, especially if you were lane splitting at the time of the crash. Medical bills, missed work, and repair expenses may be stacking up, and because you weren’t strictly following the law, it may feel like you have no recourse.

However, the circumstances of each accident are unique, and legal avenues may still be available to you. Understanding your rights and options is the first step towards regaining control and securing the compensation you deserve.

Understanding Lane Splitting and Its Legal Status in New Mexico

Lane splitting refers to the practice of a motorcyclist riding between lanes of slow or stopped traffic. While this maneuver can help motorcyclists avoid congestion and keep moving, it is illegal in many states, including New Mexico. Under New Mexico law, lane splitting is not permitted, meaning motorcyclists cannot legally ride between lanes or overtake vehicles in this manner.

However, it’s crucial to distinguish lane splitting from lane sharing, which is when two motorcycles ride side by side in a single lane. Unlike lane splitting, lane sharing is legal in New Mexico, allowing motorcyclists to ride alongside one another within the same lane. Understanding these distinctions is crucial, especially if you’ve been involved in a motorcycle accident while lane splitting.

Although lane splitting is illegal, it doesn’t necessarily mean you’re at fault in an accident. The circumstances of each incident are unique, and various factors could influence liability and the outcome of your case.

Common Misconceptions About Lane Splitting and Motorcycle Accident Cases

Many motorcyclists fear that engaging in lane splitting jeopardizes their ability to pursue an injury claim after an accident. This belief stems from a common misconception that any illegal maneuver, such as lane splitting, unequivocally renders the motorcyclist at fault. However, the reality is more complex.

While lane splitting is illegal in New Mexico, this does not automatically mean that a motorcyclist who was lane splitting is entirely to blame for an accident. Liability in motor vehicle accidents is often shared and depends on various factors, including the behavior of other drivers and the specific circumstances surrounding the crash. For instance, if another driver was distracted or made an unsafe lane change, they could share or bear significant responsibility for the accident.

How Lane Splitting Might Impact Your Motorcycle Accident Case

Lane splitting can introduce complexities into your motorcycle accident case, particularly in states like New Mexico, where it is illegal. However, comparative negligence plays a crucial role in determining the outcome of such cases. It can provide a pathway to compensation, even if you were lane splitting at the time of the accident.

Understanding Comparative Negligence: New Mexico operates under a comparative negligence system, which means that fault in an accident is distributed among all parties involved based on their actions. Even if you, as a motorcyclist, were lane splitting, you might not be solely responsible for the accident. This system allows for a fairer distribution of fault, reflecting the actual circumstances of the incident.

Distribution of Fault: If it’s determined that lane splitting contributed to the accident, the court will assign you a percentage of the fault. However, this doesn’t exclude you from recovering damages. For example, if you are found to be 30% at fault because of lane splitting, and the other driver is 70% at fault for reckless driving, you can still claim compensation. Your recoverable damages would be reduced by your 30% share of the fault.

Case Evaluation and Legal Strategy: A thorough evaluation of all contributing factors is essential in cases involving lane splitting. Evidence such as traffic camera footage, witness statements, and expert testimony can demonstrate that while lane splitting occurred, other elements significantly contributed to the accident. A skilled attorney can argue that the other driver’s actions, like failing to signal a lane change or sudden braking, played a more substantial role.

Impact on Compensation: The comparative negligence system ensures that compensation is proportionate to the level of fault assigned. This means that even if lane splitting is a factor, you can still receive a significant portion of damages if it’s shown that the other driver’s negligence was greater. For instance, if damages are assessed at $100,000 and you’re 30% at fault, you could still recover $70,000.

The Value of Consulting an Attorney and What to Expect

Consulting an attorney is crucial if you’ve been in a motorcycle accident while lane splitting. Here’s why and what to expect:

Expert Case Evaluation: An attorney can assess how lane splitting impacts your case, examining all factors to determine fault and potential recovery options. They clarify how the law applies to your situation, even if lane splitting was involved.

Navigating Legal Complexities: Motorcycle accidents can be legally complex, especially with maneuvers like lane splitting. A lawyer helps navigate these challenges, gathers crucial evidence, and formulates a strategy to minimize your assigned fault and highlight the other party’s liability.

Free Consultation Benefits: Firms like Kane offer free consultations, where an attorney reviews your accident details, evaluates your injuries, and discusses possible legal strategies. This initial meeting is non-committal and provides valuable insights into your case’s potential without any upfront costs.

Developing a Strong Strategy: The attorney crafts a tailored legal approach to reduce your fault percentage and maximize compensation. They help you understand the comparative negligence implications and the likely outcomes of pursuing your claim.

Consulting with an attorney for motorcycle accidents ensures you get professional advice and support, helping you navigate your accident’s complexities and pursue fair compensation.

How Kane Helps with Motorcycle Accidents

Facing a motorcycle accident case where you were lane splitting can be daunting, but it doesn’t mean that you’re automatically barred from compensation. Don’t let fears or misconceptions prevent you from exploring your options. At Kane Law, we offer free consultations to help you understand your rights and your case’s potential. Contact us today to discuss your situation and get the support you need to move forward. You deserve to know your options and pursue the compensation you’re entitled to.