Lane splitting, also known as white-lining, is the act of a motorcycle traveling between two lanes of slow-moving or stopped traffic, usually to bypass congestion. While it is a common practice in some parts of the world and legal in certain U.S. states, lane splitting has the potential to contribute to accidents. A rider’s lane splitting can factor into determinations of fault in accident cases, which can affect recovery of damages.

In Virginia, lane splitting is explicitly prohibited by law. Under Virginia Code § 46.2-857, motorcyclists are not allowed to overtake and pass vehicles within the same lane or ride between lanes of traffic. Virginia adheres to a strict contributory negligence standard, which means that if an accident victim is found even 1 percent at fault, he or she is barred from recovering damages in a personal injury lawsuit. If a motorcyclist was lane splitting at the time of an accident, it could be argued that this violation of state law constituted negligence per se and thereby disqualifies the rider from compensation for his or her injuries or losses.

However, a defendant raising contributory negligence as a defense must show that the rider’s conduct was a cause of the accident. An experienced motorcycle accident attorney can challenge this allegation. The attorney might be able to show that the motorcyclist’s conduct was reasonable under the circumstances, particularly if the traffic conditions were hazardous or if another driver acted negligently, such as by abruptly changing lanes without signaling. The attorney may also produce evidence that the motorcyclist was proceeding cautiously, maintaining an appropriate speed and being mindful of surroundings while lane splitting.

Attorneys often rely on expert witnesses, such as accident reconstruction specialists, to provide detailed analyses of collision dynamics. They may also use traffic camera footage, witness statements and police reports to show that other factors — such as distracted driving by another party — were responsible for the accident. These efforts aim to establish the negligence of the other driver as the proximate cause of the crash and to disprove fault on the rider’s part.

Motorcycle accidents often involve complex legal and factual issues. Victims of such accidents in Virginia can benefit from representation by the skilled attorneys Pikrallidas & Probasco in Fairfax. With a deep understanding of Virginia’s traffic and liability laws, we can craft compelling arguments to help injured motorcyclists overcome legal obstacles and obtain the compensation they deserve. Call us at 703-267-2600 or contact us online to schedule a free initial consultation.