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Injured in a Lane Splitting Accident? Fight for the Compensation You Deserve.
A motorcycle crash can cause more than just physical damage. If you were injured in a lane-splitting accident, you may be dealing with pain, lost wages, and unanswered questions about insurance. You need clear answers and someone to fight for your rights.
At Buchanan, Williams & O’Brien in Joplin, we help motorcyclists across Missouri get compensation after serious accidents, including lane-splitting, rear-end, and side-impact collisions. We understand the unique legal challenges these accidents bring.
Lane splitting exists in a legal grey area in Missouri. Insurance companies know this and often try to blame the rider entirely. That’s where we step in. We use evidence and proven legal strategies to protect your right to fair compensation.
Whether you were injured while lane splitting or hit by someone attempting it, you deserve honest answers and strong legal representation. This guide explains Missouri’s stance on lane splitting, determining fault, and building a strong claim. If you’re ready to take action, we’re here to help.
Legal Status of Lane Splitting
Lane-splitting laws in the United States vary significantly by state. Some states allow it under certain conditions, others explicitly ban it, and many, like Missouri, leave it in a legal gray area where it is neither specifically permitted nor prohibited. This inconsistency can make it difficult to determine liability in motorcycle accidents.
States where lane splitting or lane filtering is legal (or conditionally allowed) include:
- California: Lane splitting is legal under California Vehicle Code § 21658.1. The California Highway Patrol provides safety guidelines for the practice.
- Utah: Lane filtering is legal in Utah. Motorcycles can move between stopped vehicles at speeds under 15 mph.
- Montana: Montana allows lane filtering when traffic stops or moves slowly.
- Arizona: Arizona permits lane filtering in stopped traffic on roads with speed limits of 45 mph or less.
- Colorado: In 2024, Colorado legalized limited lane filtering.
States where lane splitting is explicitly prohibited include:
- Texas
- Nevada
- Virginia
- Ohio
- Pennsylvania
Understanding these laws can help riders stay compliant and avoid complications in the event of an accident.
Lane Splitting in Missouri
Lane splitting, or riding a motorcycle between lanes of stopped or slow-moving traffic, exists in a legal gray area in Missouri. Unlike in California, where the law explicitly allows it, Missouri law does not permit or prohibit lane splitting.
Missouri’s traffic laws, found in RSMo Chapter 304, require all vehicles, including motorcycles, to stay within a single lane. Specifically, RSMo § 304.015 states that vehicles must be driven “as nearly as practicable entirely within a single lane.”
While this does not explicitly ban lane splitting, many interpret this rule as discouraging the practice. Additionally, RSMo § 304.012 prohibits “imprudent” or “unsafe” driving. Authorities may use this provision to cite motorcyclists involved in accidents while lane splitting.
At Buchanan, Williams & O’Brien, we help motorcyclists overcome these legal challenges. Many accidents occur because drivers fail to check blind spots or change lanes without warning. These actions often contribute more to a crash than a motorcyclist’s lane position. We can gather crucial evidence, including dashcam footage, witness statements, traffic patterns, and accident reconstruction reports, to challenge unfair fault assignments.
Determining Fault in Lane Splitting Accidents
Determining fault in a lane-splitting accident in Missouri depends on the case’s specific facts and how state traffic laws and comparative fault rules apply. Missouri law does not allow or ban lane splitting. As a result, the fault is decided based on general traffic laws, everyone involved’s actions, and the accident’s evidence.
Insurance companies often argue that lane splitting automatically makes the motorcyclist at fault. However, Missouri law does not support this assumption. Courts and claims adjusters must evaluate whether the motorcyclist acted reasonably and whether the other driver contributed to the crash.
Several key factors influence fault in these accidents:
Following Missouri Traffic Laws
Missouri law requires motorcycles to follow general traffic rules and use a full lane. However, the law does not explicitly address or prohibit lane splitting, leaving room for interpretation.
To determine fault, investigators examine whether the motorcyclist operated safely. Actions like speeding, weaving, or riding recklessly may indicate fault. On the other hand, safe and controlled riding can reduce perceived blame.
Missouri’s Comparative Fault Rule
Missouri follows a pure comparative fault system (RSMo § 537.765). In this system, each party’s percentage of fault reduces their ability to recover damages by that percentage. However, even if a motorcyclist is partially at fault, they can still recover damages if they are not 100% responsible. For example, if the motorcyclist is 30% at fault and the driver is 70% at fault, the motorcyclist can still recover 70% of their damages.
In lane-splitting cases, the fault often depends on whether the other driver acted negligently. Common examples of driver negligence include:
- Failing to signal lane changes
- Abruptly merging into the motorcyclist’s path
- Driving while distracted, such as texting
- Driving aggressively or unpredictably
Physical Evidence and Expert Analysis
Physical evidence from the crash scene plays a critical role. Investigators rely on:
- Photos of the crash site
- Skid marks
- Patterns of vehicle damage
- Surveillance or dashcam footage
Accident reconstruction experts can analyze this evidence to determine whether the motorcyclist or the other driver caused the crash.
Witness Statements and Police Reports
Witness accounts and police reports provide essential details about the accident. However, police reports may include assumptions about lane splitting due to its unclear legal status in Missouri. It is essential to critically review these reports and support them with solid evidence.
If you are involved in a lane-splitting accident, understanding Missouri law and gathering strong evidence will help protect your rights and determine fault fairly.
Seeking Compensation After a Lane Splitting Accident
Recovering compensation after a lane-splitting accident in Missouri can be difficult due to how the state handles fault and how insurance companies view the practice. Missouri law does not explicitly address lane splitting, but under the state’s pure comparative fault system, injured motorcyclists can still pursue compensation, even if they are partially at fault. Your ability to recover damages depends on understanding your legal rights and how compensation works.
Damages You Can Recover
If you are injured in a lane-splitting accident, you may be able to recover both economic and non-economic damages, including:
- Medical Expenses: This includes hospital bills, surgeries, physical therapy, prescription medications, and any future medical care related to the accident.
- Lost Wages and Earning Potential: You can claim wages lost during your recovery and compensation for any reduction in future earning capacity caused by long-term injuries.
- Property Damage: This includes the cost of repairing or replacing your motorcycle and any damaged gear.
- Pain and Suffering: You may seek compensation for physical pain, emotional distress, and reduced quality of life due to the accident.
- Permanent Disability or Disfigurement: If the accident leaves you with lasting impairment or scarring, you can claim damages for the impact on your daily life and ability to work.
Missouri law allows you to recover damages even if you are partially at fault for lane splitting. Your percentage of fault will reduce the amount you can recover.
How Insurance Companies Handle Lane-Splitting Cases
Insurance companies often try to reduce payouts by arguing that lane splitting is risky and that motorcyclists knowingly put themselves in danger. However, Missouri insurance law looks at the full circumstances of the accident, not just lane splitting, to decide fault.
We focus on proving that other factors contributed to the crash, such as:
- Drivers making unsafe lane changes
- Drivers failing to check mirrors or blind spots
- Distracted or impaired driving by the other party
Our team gathers evidence like accident reports, medical records, and expert testimony to show the complete picture. By doing this, we counter attempts by insurers to unfairly shift blame onto you.
The Importance of Legal Representation
Lane-splitting cases require careful handling. Insurance companies often use public misunderstandings about lane splitting to argue that you are entirely or mainly at fault. An experienced lawyer ensures you can navigate Missouri’s comparative fault system and fight for fair compensation.
We rely on substantial evidence and legal arguments based on Missouri traffic laws and case precedents. We aim to reduce unwarranted blame on you and maximize your recovery. If negotiations fail, we are prepared to take your case to trial, where well-documented evidence and expert testimony often lead to favorable outcomes.
Take the Next Step With Buchanan Williams & O’Brien: Get Experienced Help After a Lane Splitting Accident
If you were injured in a lane-splitting accident, don’t let insurance companies minimize your claim. Missouri’s comparative fault laws allow you to seek fair compensation, even if the fault is disputed. To protect your rights, you need an experienced legal team that knows how to fight for you.
At Buchanan Williams & O’Brien in Joplin, we have over 40 years of experience helping injured motorcyclists recover the compensation they deserve. We understand the challenges riders face and how insurance companies use legal loopholes to their advantage. Our team knows how to challenge these arguments and build a strong case to protect your rights.
You don’t have to handle this alone. We can support you through the legal process so you can focus on recovering. Our Motorcycle Accident Lawyer team in Joplin, MO, will investigate your case, challenge unfair blame, and fight to get you the compensation you need.
Take the first step today. Contact Buchanan Williams & O’Brien for a free consultation. We are here to listen, guide you, and fight for your future.
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