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Personal Injury Blog

At Kinon Law Firm, we focus exclusively on helping injury victims. We’re here to fight for individuals and families who’ve had their lives disrupted by accidents, negligence, or tragedy.

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Can Lane Splitting Cause Liability Issues?

Car accidents often involve disputes over who is responsible for causing the crash. Questions about lane splitting can make these cases even more complicated, especially when drivers are unsure how South Carolina law applies. 

If you were injured in a collision involving lane splitting, our Conway motorcycle accident lawyers can explain your legal rights and help you pursue the compensation you deserve.

Lane splitting happens when a motorcycle rides between lanes of slow-moving or stopped traffic. While some states allow lane splitting in limited situations, South Carolina does not. Under South Carolina Code Ann. § 56-5-3640, motorcycles have the same right as cars and other vehicles to use a full traffic lane. Other drivers must not block or prevent a motorcycle from using the entire lane. 

A motorcycle rider cannot pass another vehicle by riding in the same lane as that vehicle. A motorcycle also cannot travel between lanes of traffic or between lines of vehicles.

Since lane splitting is not permitted in South Carolina, a motorcyclist who is doing so at the time of a crash may face higher amounts of liability. However, violating a traffic law does not automatically mean that person is fully responsible for the accident. Courts understand that each accident involves nuance and examine all of the evidence to determine how the collision occurred.

How Lane Splitting Can Affect Liability

South Carolina follows a modified comparative negligence system. Under this rule, each party involved in a crash is assigned a percentage of fault based on their actions. A person may still recover compensation if they are 50% or less at fault, although their financial recovery is reduced by their percentage of fault.

For example, a motorcyclist may have been lane splitting when a driver suddenly changed lanes without checking blind spots. In that situation, both parties may share responsibility for the collision, and the victim’s compensation would be reduced by their personal percentage of fault. 

Insurance Companies May Use Lane Splitting Against You

Insurance adjusters often argue that lane splitting was the main reason a motorcycle crash occurred. They may use this argument to reduce or deny responsibility for their insured driver’s actions. Our lawyers understand these strategies and know how to challenge unfair claims. We carefully investigate each accident to determine what truly happened and advocate on your behalf. This process generally includes:

  1. Gathering evidence

  2. Speaking with witnesses

  3. Reviewing police reports

  4. Examining vehicle damage

  5. Analyzing other details from the crash scene

  6. Negotiating with insurance companies

If the insurance company refuses to offer a fair settlement, Kinon Law Firm is prepared to file your case at your local courthouse and take the necessary steps to advocate for you during court proceedings.

If you were injured in a motorcycle or car crash, our Conway motorcycle accident attorneys are ready to help. Contact our team today online or by calling 843-488-9191 to schedule your free consultation to learn how we can assist you. Kinon Law Firm proudly represents clients in Conway, Myrtle Beach, and nearby areas.

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