The standard rules for liability apply to vehicle accidents that include motorcycles and bikes, but what if the cyclist is splitting lanes? Lane splitting is not strictly illegal in most state, and it is explicitly legalized in California. That being said, courts and law enforcement often refer to lane splitting as unlawful, and even in California this maneuver is only legal if authorities believe it was done in a safe and prudent manner. There is a great deal of subjectivity weighing in on the matter then. Ask an attorney if splitting lanes is allowed in your state.
The bad news is that if you were splitting the lane when a collision occurred, you will probably be considered liable. If an insurance adjuster deems you to be at fault for the crash, this could mean that you are on the hook for all your medical expenses and motorcycle repairs. Your insurance may have to cover the other driver too. But you may not be the only liable party. There are ways that you can still receive the compensation that you need after a motorcycle accident.
For example, the other vehicle driver may have merged into another lane, not noticing you when doing so. This would make them at least partially at fault, if not fully so. If the other vehicle was weaving in and out of lanes, then you cannot be the only responsible party. Perhaps the other driver was having a conversation on the phone, or checking a text. If the other driver was under the influence or in some way distracted or impaired, then his or her negligence clearly is involved in the accident. When the other driver is liable, this means you can get some, if not all, the compensation that you deserve to compensate you for damages.
On top of establishing that the other driver was reckless, your chances of getting compensation improve when you can demonstrate that you were driving responsible. This can mean that you were driving the speed limit, that you were not weaving lanes or threading yourself between cars. If you have a lot of motorcycle-riding experience under your belt, then this can bolster your claim that you were responsible. Your credibility also gets a boost if you have taken a course on safety and/or on riding a motorcycle. It would be vital to get your hands on a police report. If law enforcement and other witnesses corroborate your version of the story, your ability to be compensated greatly improves.
If you wear reflective articles of clothing, and if you have your headlights on, this can help you be more visible to other drivers. Be wary when you are in a driver's blind spot. Remember to use your horn if you have to. It may be a bad idea to split lanes where one lane is going noticeably faster than the other, as this means cars will probably want to change lanes. You may not want to lane split if the speed of traffic has reached 30 miles per hour either. Any of these precautions may be able to protect you from being considered liable in an accident, and they may even prevent a collision altogether.
If you have already been in a car or motorcycle accident, then you need to act decisively. If you want a settlement to cover your medical bills, lost wages, pain and suffering, and perhaps more, then you would benefit from the help of a car accident attorney. An experienced professional can be an uncompromising advocate on your behalf, fighting for you to get what you fully deserve.