Lane-splitting motorcycle accidents often result in severe injuries, and they come with significant legal challenges. If you are a motorcycle rider who suffered serious injuries and faces substantial medical expenses after being involved in one of these motorcycle collisions, you should consult an experienced motorcycle accident lawyer in Charlotte as soon as possible.
Even though you may have been lane-splitting when the motorcycle accident occurred, you may still be eligible to seek compensation.
The team at Elrod Pope Accident & Injury Attorneys protects the rights of injured motorcyclists in Charlotte and throughout North Carolina. We’ve recovered millions in verdicts and settlements, and we know what it takes to seek the justice you deserve.
Contact us today to speak with an experienced Charlotte motorcycle accident attorney and learn more about your rights and options in a free consultation.
Is Lane-Splitting Legal in North Carolina?
North Carolina law does not permit lane splitting. State law requires every vehicle to remain entirely within a single lane until the driver can make a safe lane change. The law governing the operation of motorcycles also prohibits the drivers of vehicles (including motorcycles) from riding between lanes.
Because North Carolina motorcycle laws prohibit these actions, motorcyclists who attempt them risk not only traffic citations but also severe liability if a crash occurs. However, certain exceptions do exist, and some motorcyclists may still have a valid claim for compensation after a lane-splitting accident.
What Are Common Injuries in Lane-Splitting Motorcycle Crashes?
Motorcycles offer little protection compared to cars or trucks. So, when many motorcycle accidents happen, riders and their passengers tend to suffer catastrophic injuries.
Some of the most common injuries include:
- Road rash
- Fractures and broken bones
- Spinal injuries
- Internal injuries
- Permanent disabilities
- Traumatic brain injuries (TBIs)
- Amputations
- Emotional trauma.
These injuries often lead to substantial medical bills, long-term care needs, lost income, and diminished quality of life. Our Charlotte motorcycle accident lawyers can work with medical professionals to assess the actual impact of these injuries on your life to determine the full value of your claim and seek maximum compensation in a motorcycle claim on your behalf.
How Does North Carolina’s Contributory Negligence Law Affect Lane-Splitting Claims?
North Carolina follows a contributory negligence law for motorcycle accidents. Under NC contributory negligence laws, motorcycle accident victims may lose their right to recover any compensation if they’re even one percent at fault for the accident.
Lane-splitting could lead to some percentage of fault, and it may bar a recovery except under a few narrow circumstances, such as those involving:
- Gross negligence – If the other driver acted with gross negligence or willful, wanton misconduct, courts may still allow recovery even if the motorcyclist was attempting to split lanes at the time of the collision. Examples of gross negligence or misconduct include drunk driving, reckless lane changes, extreme speeding, or other hazardous behavior.
- Last clear chance – Under the last clear chance doctrine, injured riders may recover compensation if they prove that the other driver had the final opportunity to avoid the crash and failed to act. Arguing this doctrine requires the skill and knowledge of an experienced motorcycle accident attorney.
Can a Lane-Splitting Motorcyclist Still Recover Compensation After a Crash?
A skilled attorney can help you pursue compensation if you can prove gross negligence or show that the other driver had the last clear chance to avoid the crash.
A successful claim will likely depend on proving that:
- The other driver caused the collision
- The motorcycle rider lacked a reasonable way to avoid the crash
- The driver had the means and opportunity to prevent it, but didn’t.
Our attorneys will work to rebut the assumption that your lane-splitting automatically means you were at fault. We can highlight the other driver’s actions, such as sudden lane changes, failure to signal, distracted or impaired driving, speeding, or failure to check blind spots. Evidence of these reckless actions can demonstrate that your lane-splitting did not cause the crash.
What Evidence Is Most Important in Lane-Splitting Accidents?
The other driver’s insurance company may fight a claim involving lane-splitting. We can help you fight back by gathering evidence showing the driver is fully responsible, which may include:
- Accident scene photos and videos
- Police reports
- Witness statements
- Medical and financial records
- Cellphone records
- Dashcam footage
- Expert testimony.
Even with strong evidence, insurance companies may still try to minimize your payout. Some common insurance company tactics include:
- Emphasizing North Carolina motorcycle lane splitting laws and arguing that the rider bears full responsibility
- Arguing that the motorcyclist had the opportunity to avoid the situation
- Mischaracterizing the crash or minimizing injury severity
- Pushing for quick, low settlement offers before you realize the full extent of your injuries
- Requesting unnecessary recorded statements designed to twist your own words against you.
Our legal team understands all these tactics and knows how to counter them. We handle all communications with insurance companies, fight hard to preserve evidence, consult accident reconstruction experts, and challenge any unfair shifting of blame.
If the insurance company refuses to make a full and fair settlement offer, we will be ready to take your case to trial. Contact our Charlotte lane splitting accident lawyer today.
Why Choose Elrod Pope for My Charlotte Motorcycle Accident Case?
You need a motorcycle injury lawyer in Charlotte, NC, who understands how to protect your rights when a lane-splitting accident puts you in a difficult legal situation. When you choose Elrod Pope Accident & Injury Attorneys to represent you in your motorcycle accident claim, you can expect:
- Independent investigation of the accident
- Careful preservation and analysis of all available evidence
- Protection when insurance companies blame you
- A team of experts and specialists who can provide key testimony
- Thorough calculation for maximum compensation
- Aggressive negotiation for a fair settlement
- Tenacious legal representation in the courtroom, if necessary.
Our team refuses to accept the notion that a motorcycle accident victim deserves full blame for lane-splitting if a driver’s careless behavior caused the collision. We’re prepared to fight to hold the at-fault party accountable.
Contact Our Charlotte Motorcycle Accident Lawyers Today
The team at Elrod Pope Accident & Injury Attorneys has been protecting the rights of injured Charlotte residents for over 45 years. In that time, we’ve developed a reputation for prioritizing our clients’ well-being over all else and treating each one of them like family. That reputation is backed by a long list of heartfelt testimonials from the clients we’ve proudly represented.
If you’ve suffered injuries in a lane-splitting motorcycle wreck, you don’t have to face the fallout alone. Our experienced Charlotte lane-splitting motorcycle accident lawyers will fight for your right to fair compensation while you focus on healing. Contact us today for your free consultation.
