Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
If you’ve recently been involved in a motorcycle accident while lane splitting in Louisiana, you’re probably wondering if you can file a claim. Lane splitting—riding your motorcycle between lanes of stopped or slow-moving traffic—is common among motorcyclists, but its legality varies from state to state. In Louisiana, lane splitting is explicitly illegal, which can impact your ability to recover compensation after an accident.
However, even if you were lane splitting, that doesn’t necessarily mean you can’t file a claim. Louisiana’s laws consider various factors, and your right to compensation depends heavily on the circumstances of the accident. In this guide, we’ll break down everything you need to know about lane splitting, Louisiana laws, how your case might be affected, and what steps you should take next to protect your rights.
What is Lane Splitting, and Why Do Riders Do It?
Lane splitting, also commonly known as “stripe riding,” occurs when a motorcyclist rides between two lanes of slow-moving or stopped vehicles. Some riders use this practice to bypass heavy traffic, avoid being rear-ended, or get to their destination faster.
Motorcyclists argue that lane splitting can actually increase safety. They believe it reduces the risk of rear-end collisions in stop-and-go traffic, making it safer than waiting behind stopped cars. On the other hand, opponents say it’s risky, increases accidents, and endangers both motorcyclists and drivers.
It’s important not to confuse lane splitting with lane filtering. Lane filtering is slightly different, involving motorcycles passing traffic using the shoulder of the road or weaving to the front of stopped traffic at lights. Although related, the two terms have significant legal and practical differences.
Is Lane Splitting Legal in Louisiana?
Lane splitting is explicitly illegal in Louisiana.
“According to Louisiana State Law RS 32:191.1, operating a motorcycle between lanes of traffic is explicitly illegal. This violation can negatively affect your claim but doesn’t automatically prevent you from seeking compensation due to Louisiana’s comparative negligence rule.”
In other words, Louisiana law strictly forbids lane splitting. Louisiana’s traffic safety laws are designed to protect all road users, and violating these rules may have significant consequences—mainly when accidents occur.
Although California permits lane splitting under specific conditions, Louisiana joins many other states in explicitly prohibiting the practice. Understanding local laws is essential for motorcycle riders in Louisiana.
How Does Lane Splitting Affect a Motorcycle Accident Claim in Louisiana?
If you were lane splitting when an accident occurred, it doesn’t automatically mean you can’t file an accident claim.
“Louisiana follows a comparative negligence system (Louisiana Civil Code Article 2323). This means even if you were partially at fault due to lane splitting, you can still recover damages based on the percentage of fault assigned to the other driver.”
For example, if your lane splitting is found to be 30% responsible for the accident, you can still recover 70% of your total damages. The challenge comes in accurately determining fault.
That’s why consulting with an experienced motorcycle accident attorney is crucial. They’ll analyze the specifics of your situation, helping establish a clear picture of liability and potential compensation.
Can I Still Receive Compensation if I Was Lane Splitting?
Yes, you can still receive compensation if you were lane splitting—but it’s likely your compensation amount will be reduced. Because lane splitting violates Louisiana law, you’ll likely bear some responsibility for the accident. But responsibility is rarely black-and-white in accident cases.
The exact amount you can recover depends heavily on the circumstances surrounding the collision. If you were lane splitting cautiously, avoiding a dangerous situation (such as avoiding being rear-ended), your attorney might argue your actions reduced potential harm rather than caused it.
This highlights why legal representation matters so much in these cases.
A skilled motorcycle accident lawyer can effectively argue your case, potentially increasing your compensation by clearly explaining your actions and intentions.
How Does Lane Splitting Affect a Motorcycle Accident Claim in Louisiana?
If you were involved in an accident while lane splitting, it’s crucial to understand how insurance companies and the courts will evaluate your claim. They will assess multiple factors, such as:
- Whether lane splitting directly contributed to the accident.
- How safely and cautiously you were lane splitting.
- The actions of other drivers involved.
- The availability and quality of evidence.
Proving that lane splitting wasn’t the primary cause of your accident can help reduce your liability. However, since Louisiana law explicitly prohibits lane splitting, expect insurance companies to attack your claim.
How Do Insurance Companies and Lawyers Prove Lane Splitting Occurred?
Suppose you were involved in an accident while lane splitting; insurance companies and opposing attorneys will try to show that your actions contributed to the crash. To do this, they rely heavily on certain kinds of evidence, such as dashcam footage, traffic camera videos, and eyewitness statements.
Other substantial evidence includes police reports that explicitly mention lane splitting, photos from the accident scene, and even patterns of damage to your motorcycle and other vehicles involved.
For example, specific scrapes or dents might clearly indicate you were riding between lanes at the time of impact.
Your best approach in this situation is to gather your strong evidence. Working closely with an experienced motorcycle accident attorney can help you counter the insurance company’s narrative.
An attorney will know precisely how to manage this evidence, argue effectively on your behalf, and ensure your side of the story is clearly represented.
Comparison of Lane Splitting Legality Across Key States in the US
| State | Lane Splitting Legality | Notes |
| Louisiana | Illegal | Explicitly illegal per RS 32:191.1 |
| California | Legal under conditions | Only state explicitly allowing lane splitting |
| Texas | Not explicitly illegal | Ambiguous legality, not clearly regulated |
| Florida | Illegal | Explicitly banned statewide |
| New York | Illegal | Clearly illegal statewide |
This table highlights clearly how Louisiana compares to other states regarding lane splitting legality, helping readers easily understand the situation.
FAQs
Q1: What exactly is lane splitting?
A: Lane splitting refers to riding a motorcycle between two lanes of slow-moving or stopped traffic, also known as “stripe riding.”
Q2: Can lane splitting reduce my chances of recovering damages after a crash?
Yes, lane splitting can decrease your potential compensation because it’s illegal in Louisiana. However, due to comparative negligence laws, partial recovery is still possible, depending on the circumstances.
Q3: How can insurance companies prove I was lane-splitting?
They often rely on evidence like eyewitness accounts, police reports, traffic camera footage, dashcam videos, and vehicle damage assessments.
Q4: If lane splitting prevented a worse accident, does that help my claim?
It can help your case if your attorney proves lane splitting was a safety measure taken to avoid more severe harm, potentially lowering your share of fault.
Q5: Should I speak to the insurance company right after my motorcycle accident?
No, it’s advisable to speak with an attorney first. Insurance companies might use your statements against you to minimize your claim.
Q6: How quickly should I contact an attorney after a motorcycle accident involving lane splitting?
Immediately. Early legal consultation ensures essential evidence is preserved, witnesses are interviewed promptly, and your rights are protected from the start.
Conclusion
Motorcycle accidents involving lane splitting can complicate your claim. Even though lane splitting is illegal in Louisiana, it doesn’t automatically disqualify you from obtaining compensation for your injuries and damages. Each accident scenario is unique, and determining your claim’s strength requires careful evaluation.
If you’ve been involved in an accident while lane splitting, it’s crucial to connect with a knowledgeable motorcycle accident attorney right away. Attorneys at AKD Alvendia, Kelly & Demarest Accident Injury Lawyers understand the nuances of Louisiana motorcycle law and can guide you through the complex claims process. Getting experienced legal help ensures your rights are protected and maximizes your opportunity for fair compensation.
You don’t have to navigate the confusion alone. Expert guidance makes all the difference.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
