10605 Judicial Drive, Suite A-4 | Fairfax, Virginia 22030
How Do Lane Splitting and Lane Filtering Affect Virginia Motorcycle Accident Claims?
Drivers of cars and trucks are supposed to respect the rights of motorcyclists who share the road with them. Unfortunately, there are many dangerous interactions between bikers and motorists, and the motorcycle riders are at a massive disadvantage if a collision occurs. A common source of conflict is the practice known as “lane splitting” or “lane filtering,” where a motorcyclist rides between two lanes of car traffic heading in the same direction.
Nearly every state bars lane splitting, which can occur regardless of the speed of the vehicles involved. There is more acceptance regarding lane filtering, in which a biker rides between lines of cars that are stopped or traveling very slowly. This frequently occurs at red lights or during bumper-to-bumper traffic. Motorcycle riders do this not only to avoid congestion on the roads, but also to reduce the likelihood of getting hit in a rear-end collision.
A bill has been introduced in Virginia’s General Assembly to legalize lane filtering in certain situations. Under the proposed legislation, motorcycles would be permitted to ride between lanes of cars that are stopped or traveling 10 miles per hour or slower. In these cases, the biker could go up to 20 mph when passing the other vehicles as long as it is safe to do so. However, until the law is enacted, bikers riding between lanes risk not being able to collect damages in a personal injury claim if they are hurt in a collision.
Under Virginia’s contributory negligence standard, a victim of a motorcycle crash or another type of accident cannot recover damages if they are in any way liable for the incident. Though lane filtering is usually done safely, the fact that it violates the traffic law would likely lead to a holding that the biker was somewhat at fault. Unlike most other states where partially liable victims can recover a share of their total damages from another party, Virginians are completely barred from collecting compensation.
If you’re a biker, it’s important to understand the laws that affect you and your legal rights. The contributory negligence rule can be particularly harsh on bikers who might fall victim to outdated stereotypes about risky behavior without a strong legal advocate presenting their case. In the event that you are hurt in a collision, you should act immediately to retain an experienced motorcycle accident lawyer who will fight to maximize the payment you receive for your medical bills, lost wages, pain and suffering and other damages.
Pikrallidas & Probasco has secured substantial verdicts and settlements for clients injured in motorcycle accidents throughout Virginia and Washington, D.C. To set up a free consultation with an accomplished attorney, please call 703-267-2600 or contact us online. Our main office is in Fairfax and we meet with clients in Manassas by appointment. Hablamos español.
10605 Judicial Drive,
Suite A-4,
Fairfax, Virginia 22030 United States of America
7290 Centreville Road,
Manassas, Virginia 20111 United States of America
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10605 Judicial Drive, Suite A-4
Fairfax, Virginia 22030
Fairfax personal injury lawyers at Pikrallidas & Probasco are located in Fairfax, VA and serve clients in and around Fairfax, McLean, Oakton, Merrifield, Vienna, Annandale, Dunn Loring, Clifton, Fairfax Station, Mount Vernon, Falls Church, Reston, Chantilly, Alexandria, Centreville, Springfield, Herndon, Gainesville, Haymarket, Front Royal, Shenandoah County, Frederick County, Clarke County, Warren County, Fairfax County, Fairfax City, Falls Church City and Manassas Park.
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