Lane splitting means a motorcycle rides between lanes of slow-moving or stopped cars, squeezing between vehicles instead of waiting in line. It is not the same as lane filtering (riding through stopped traffic up to the front at a light) or shoulder riding, where motorcyclists drive on the space beside the roadway.
If you need help with legal options after a motorcycle accident contact our Aurora motorcycle accident lawyers today.
Lane Splitting Is Illegal in Colorado
Colorado does not currently allow traditional lane splitting for motorcycles, whether it’s at high speed or working your way between stopped vehicles. Under Colorado law, motorcyclists must stay in a full lane just like other vehicles unless passing or legally changing lanes. If a motorcycle accident happens while you’re lane splitting or riding outside approved areas, you could be given a traffic ticket.
Can Lane Splitting Affect an Aurora, Colorado Motorcycle Accident Claim?
Lane splitting is illegal in Colorado, and this legal detail can play a major role in any motorcycle accident claim that follows a crash. If you were lane splitting at the time of your accident, insurance companies will almost always point to this behavior as evidence that you contributed to (or even caused) the crash. Investigators or attorneys see that lane splitting was involved, they may argue that you acted unsafely or broke the law, even if you weren’t responsible for everything that went wrong.
If you’re found to be even partially at fault under Colorado’s modified comparative negligence rule, the amount you’re able to recover in your personal injury claim may be reduced.
- (1) Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.
For example, if you’re found 30% at fault for lane splitting, your total compensation would be reduced by that percentage. Should your share of fault rise above 50%, the law may prevent you from recovering anything at all. Lane splitting alone does not automatically mean the motorcycle rider alone is responsible.
Ultimately, lane splitting can make a motorcyclist’s legal case more challenging, but fault is still divided according to who caused what portion of the crash.
How an Aurora Colorado Motorcycle Accident Lawyer Can Help
Recovering after a motorcycle accident can be tough, not only physically but also legally, especially when insurance companies try to pin blame on the rider. A Colorado motorcycle accident lawyer makes sure your side is heard and your rights are protected every step of the way. Here’s how:
Investigate What Actually Happened
Your lawyer will closely examine the details of the accident, not just what the police report says or what the insurance company is claiming.
Push Back Against Unfair Assumptions About Motorcyclists
Insurance adjusters and some drivers may assume motorcyclists are reckless by nature. An experienced attorney will challenge bias, making sure your actions and your responsibilities as a rider are fairly portrayed.
Analyze Fault Under Colorado Negligence Laws
Colorado’s shared fault rules can be complex. Your lawyer reviews all aspects of your case to help minimize your share of the fault while demonstrating how other drivers contributed to the collision.
Gather Witness Statements, Crash Reports, and Video Evidence
A good attorney will hunt down witness statements, 911 transcripts, surveillance or dash cam footage, police reports, photos, traffic citations, and any other evidence that helps reveal the true cause and sequence of the crash.
Having a legal advocate on your side strengthens your ability to prove what actually happened and recover compensation for your injuries. Call our team today to schedule a free case evaluation.