A standstill traffic on I-285 can feel like forever, especially when you do not want to be late for work. Splitting the lane and slipping through stopped traffic feels like the smartest option to take so you arrive on time at the office. But before you consider choosing this path, you must understand how Georgia views this tactic.
Georgia law concerning lane splitting
In Georgia, you have a legal right to take the full width of a traffic lane as a motorcycle operator. Larger vehicle drivers must give you space within the lane, the same way they offer other drivers. With that said, this traffic law mandates that you stay in your lane at all times, which means lane splitting is illegal.
You cannot overtake or pass a vehicle in the same lane. The law also forbids you from riding between lanes of traffic or between rows of vehicles. The next time you think about following the white line between cars to pass through heavy traffic, think again.
What happens when you get into an accident due to lane splitting
Unfortunately, if you hit a car or vice versa while lane splitting, insurance adjusters may likely shift all the blame to you. Under the negligence per se rule, they can argue that breaking traffic safety laws caused the accident.
However, even if you were lane splitting, Georgia law still requires other drivers to drive carefully. If a driver swerved into a different lane near you or was texting while driving, they can also be liable for the collision.
How the modified comparative negligence rule affects your claim
Your ability to recover money for medical bills and bike repairs hinges on Georgia’s modified comparative negligence law. You cannot recover any compensation if the court finds you to be 50% or more at fault for a crash. An insurance adjuster can use the lane splitting account and motorcyclist bias to blame you entirely, meaning you could walk away with nothing.
Assessing your options from a legal standpoint
Even if you violated a traffic law, you may file an injury claim against the driver who hit you. Proving they were also negligent requires legal precision. Seeking legal counsel from a motorcycle accident attorney can help you understand your options.