Lane splitting is legal in California, and a motorcyclist who was lane splitting at the time of a crash can still recover compensation. California is the only state that formally recognizes lane splitting in its Vehicle Code, yet insurance companies frequently treat it as proof that the rider caused the accident. On congested West Hollywood corridors like Santa Monica Boulevard and Sunset Boulevard, riders often split lanes to move safely through stop-and-go traffic. At Pilavjian Law, we help injured motorcyclists push back when insurers use lane splitting as an excuse to deny or reduce claims.
What Does California Law Say About Lane Splitting?
In 2016, California passed Assembly Bill 51, which added Vehicle Code Section 21658.1. The law defines lane splitting as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane, including on divided and undivided streets and highways. It also allows the California Highway Patrol to develop safety guidelines for riders and drivers.
Because the practice is legal, lane splitting alone does not make a rider negligent. The key question in any claim is whether the rider and the other driver each acted reasonably under the conditions.
When Is a Driver Liable for a Lane Splitting Accident?
Drivers have a duty to watch for motorcycles and share the road safely. A driver may be liable when they:
- Change lanes suddenly without signaling or checking mirrors
- Drift out of their lane while distracted by a phone
- Open a car door into a lane of traffic
- Intentionally move over to block or impede a motorcyclist
- Make an abrupt U-turn or left turn across slowed traffic
Many West Hollywood crashes happen when a driver changes lanes in heavy traffic and never looks for an approaching rider. In those cases, the driver’s failure to check blind spots is often the true cause.
How Do Insurers Try to Blame Lane Splitting Riders?
Adjusters commonly argue that the rider was traveling too fast, splitting between large vehicles, or riding in conditions where lane splitting was unsafe. Riders are often advised to avoid splitting at high speeds or when traffic is moving quickly, and insurers use these recommendations to suggest the rider was careless.
California follows a pure comparative fault system. Even if a rider is found partly at fault, they can still recover damages reduced by their percentage of responsibility. That makes accurate fault allocation critical to the value of your claim.
What Evidence Supports a Lane Splitting Injury Claim?
Strong evidence helps show that the rider acted safely and the driver made the mistake. Important evidence includes:
- Helmet camera or dashcam footage
- Traffic and business surveillance video along the route
- Witness statements about traffic speed and the driver’s movements
- Vehicle damage patterns and accident reconstruction
- Police reports and scene photographs
Our team uses this evidence to reconstruct what happened and counter assumptions about riders. You can learn more about our approach on our motorcycle accidents page, or read our article on how riders can overcome insurer bias.
What Compensation Can an Injured Rider Recover?
Motorcyclists injured in lane splitting crashes may recover medical expenses, future treatment costs, lost wages, reduced earning capacity, motorcycle repair or replacement, and pain and suffering. Serious injuries such as fractures, road rash, spinal damage, and brain injuries can significantly increase the value of a claim.
Get Help From a West Hollywood Motorcycle Accident Attorney
Riding legally should never cost you fair compensation. Pilavjian Law investigates lane splitting crashes, challenges unfair blame, and fights for the full recovery you deserve. There is no fee unless we win. Call (818) 380-3021 or contact us online to schedule a free, no-obligation consultation.