It is against the law to split lanes on a motorcycle in Nevada. If you are riding a motorcycle and choose to do so, you may cause an accident. Conversely, if a rider splits the lane and crashes into your vehicle, a car accident lawyer in Las Vegas, NV may be able to help you hold the at-fault motorcyclist accountable.
H&P Law is a Nevada law firm with plenty of experience in personal injury cases. Our Las Vegas car accident attorney can review your case and help you determine if now is the time to file a lawsuit against a motorcyclist who was splitting lanes. Contact us today to learn more.
Lane Splitting in Nevada
The practice of “lane splitting” involves moving in between lanes of traffic going in the same direction. It is not the same as “lane filtering.” A motorcyclist splits lanes while traffic is moving, while a rider filters in between them when other vehicles are stopped.
Splitting of lanes is regulated under Nevada Revised Statutes §486.351(2). Based on this law, it is illegal for motorcyclists and moped riders to split lanes. Even though the law is intended to be straightforward, it can be difficult to prove that a rider split lanes and caused an accident.
If you suffer a personal injury due to the fact that a rider was splitting, H&P Law can help. Our car accident attorney in Las Vegas can take a look at your case and go over your legal options with you. To find out more, reach out to us.
Nevada Lane Splitting Penalties
In Nevada, lane splitting is viewed as a severe road hazard. If someone is riding their motorcycle in the middle of the lane and passes other vehicles, they will be punished accordingly. Civil penalties for splitting lanes start at $190, and if they continue, could cause a rider to lose their motorcycle license.
In addition to Nevada’s lane-splitting laws, there are other regulations that motorcyclists must follow. Failure to follow these mandates can lead to fines, jail time, and other penalties. Other motorcycle laws that Nevada riders and drivers need to know about include:
If you ride a motorcycle in Nevada, you are required to have some level of insurance. Motorcyclists across the state must have the same liability insurance as drivers. This coverage takes effect if you are responsible for a collision.
It is against the law to ride a motorcycle without a license. To obtain a license, you must be at least 18 years old or get a parent’s permission. Also, you must get a permit and pass a test.
It is mandatory to wear a helmet if you ride a motorcycle. The helmet requirement applies to motorcycles, mopeds, and trimobiles that have handle handlebars and a saddle seat. It does not apply to three-wheeled vehicles that have an enclosed cab and have a steering wheel in lieu of handlebars.
If a motorcyclist violates state laws and crashes their bike into your car, you may be able to pursue compensation from this individual. You can start with an insurance claim. If the rider lacks sufficient coverage or your losses are greater than this amount, you may need to move forward with a personal injury lawsuit to secure damages.
How to Prove Negligence When a Motorcyclist Splits Lanes and Causes an Accident
To prove a motorcyclist split lanes and is at fault for your auto accident, you must provide the burden of proof. Ultimately, you must produce a sufficient amount of evidence that shows the rider was negligent. You must verify that the four elements of negligence were present at the time of your crash, and these are:
- Duty of Care: The rider had a legal obligation to act in a reasonable manner toward you and other drivers, motorcyclists, and pedestrians.
- Violation of Duty of Care: The motorcyclist breached their obligation toward you by acting carelessly.
- Causation: Because there was a breach of a duty of care, you were involved in a crash.
- Damages: The rider’s actions resulted in an accident in which you suffered quantifiable or subjective losses.
A Las Vegas car accident lawyer understands the elements of negligence and can teach you more about them. The attorney can help you gather video footage, photos, and other visual proof to support your claim. They can also build a body of evidence that puts you in a great position to get the best case results.
Keep in mind that comparative fault may apply to your collision as well. Based on Nevada Revised Statutes §41.141, you may be found partly responsible for a lane-splitting crash. If this occurs, you may not be able to recover the full damages you requested or any compensation at all.
How Comparative Fault Applies to a Lane-Splitting Crash Case
With comparative fault, you may share the blame for your crash. For example, a motorcyclist may split lanes, but you may have been speeding. If you and the rider are involved in the collision, both parties may share responsibility for it.
Your percentage of fault dictates how much your damages may be affected in a lane-splitting accident. If you are more than 50% at fault, you cannot recover any damages. On the other hand, if you are partly accountable but less than 50% at fault, you can get damages that are reduced by your percentage of responsibility.
Along with car crashes, comparative fault applies to truck accidents and other personal injury lawsuits. Your attorney can explain this legal concept in detail and answer any questions you have about it. They can work with you to develop a legal strategy designed to help you secure the most compensation possible.
Get Started with a Lane-Splitting Accident Claim
The team at H&P Law has more than 60 years of combined experience in personal injury cases. We are available to discuss your lane-splitting accident and help you pursue legal action. To schedule a free and confidential consultation, contact us today.