Lane splitting happens on divided multi-lane freeways and highways when a motorcycle rides between the lanes of traffic. Kentucky law doesn’t expressly ban lane splitting, and if you’ve been in Louisville rush hour traffic on I-64 or New Circle Road in Lexington, you might have seen a few motorcycles zipping between the cars trying to get to work a bit faster.
However, lane splitting can be dangerous, and riders can still get a ticket. Under Kentucky Revised Statute 189.290, the operator of any motor vehicle is required to operate in a “careful manner with regard for the safety and convenience of pedestrians and other vehicles upon the highway.”
When applied to lane splitting, if the officer feels that doing so is unsafe at the time or in the manner it was done, then the rider can be cited. However, since lane splitting isn’t banned, then both motorcycle riders and drivers have to watch out for each other to avoid serious injuries.
However, whether or not the driver gets a ticket, Kentucky civil law requires that every driver operate their vehicle in a manner such that others can proceed in safety. While this could be used to prove that the lane-splitting itself was too dangerous, it can also mean that when a car door is opened and a motorcycle rider hits the open door, the person who opened the door could be held responsible.
Lane Splitting Compensation
If the driver of the car that opened the door is at fault, then his or her insurance will pay for the damages and injuries to the rider. However, if the person who opened the door is a passenger, then the driver’s insurance policy might not cover. If this happens, then the occupant’s homeowner’s or renter’s policy might cover the damages.
If that doesn’t work, then it’s possible that the motorcycle’s own auto insurance will pay for the damages if the rider has uninsured underinsured motorist’s coverage. This will pay for the injured victim’s injuries and other losses like lost time from work and pain and suffering.
Depending on the speed of the motorcycle, the injuries can be severe. The multiple impacts can do serious injury to the rider. Some of the common injuries seen in a lane splitting accident are:
- Traumatic Brain Injury
- Broken/Displaced Ribs
- Blunt Force Trauma
- Broken Wrists
- Fractured Arms/Legs
- Deep Lacerations
- Deep Contusions/Blunt Force Trauma
Contact a Kentucky Motorcycle Accident Lawyer
Accident victims often wonder if they need an attorney, and the answer is almost always yes. The insurance company agents have years of experience and are good at their job which is to pay you as little as possible or nothing at all. You need someone just as experienced to help you level the field.
Talk to a Louisville Motorcycle Accident Attorney you can trust to be on your side and get you what is yours under the law. The attorneys at Kaufman & Stigger, PLLC, have that knowledge and a combined 100 years’ experience in helping clients get the results they deserve. To discuss your case, contact Kaufman & Stigger, PLLC today, by clicking here to contact them online.