Perhaps you’ve been injured by another motorist while on your motorcycle, but aren’t sure whether you can take legal action against the person who hurt you. Maybe you were lane splitting when you were hurt and are worried that this will prevent you from filing a successful personal injury claim. You shouldn’t disqualify yourself just yet and miss out on the chance to hold a negligent driver accountable for lack of proper understanding of the legality of lane splitting.
In the state of Texas, lane splitting is not explicitly legal or illegal. There is no language in Texas traffic laws that recognizes lane splitting, which means that you cannot be punished for doing so. This also means you are not automatically disqualified from pursuing a personal injury claim against a driver who hurt you just because you were lane-splitting at the time of the accident.
Who is Liable in an Accident?
Lane splitting does create a scenario in which accidents are more likely, but motorists still bear the burden of behaving responsibly and remaining aware of other drivers at all times. In many of these cases, drivers can be held liable for damages, especially if the victim can prove the driver was negligent in their actions.
Whether or not you were splitting lanes at the time of the accident, the other driver may be liable for your injuries if you got hurt because they chose to engage in any of the following irresponsible behaviors:
- Texting while driving
- Talking on the phone while driving
- Driving under the influence of drugs or alcohol
- Weaving in and out of different lanes
- Eating while driving
- Applying makeup while driving
- Changing lanes without checking mirrors and blind spots or using a turn signal
On the other hand, you may have trouble holding the other driving responsible if any of the following are true:
- You were speeding
- You were riding while affected in any way by drugs or alcohol
- You were riding with your headlights turned off
- You did not wait for an appropriately sized gap to ride between two cars
If you are still unsure whether you have a personal injury claim on your hands, our experienced motorcycle accident lawyers are prepared to evaluate your case and help you get the answers you need.
Helping the Injured in Dallas & Beyond
Our Dallas personal injury lawyers at Mathias Raphael PLLC Accident & Injury Lawyers strive to maximize recovery for our injured clients and their families in Texas and beyond, including in Chicago. Helping victims who have been injured in motor vehicle accidents, construction accidents, product liability, and more, we’ve helped countless clients recover damages such as medical bills, property damage, lost wages, and pain and suffering. Our motorcycle accident attorneys are well-versed in the different kinds of motorcycle accidents that can occur and have the resources needed to thoroughly investigate the scene of the accident. We’re also knowledgeable on state safety laws and aren’t afraid to go up against insurance companies to pursue your goals.
Don’t hesitate to go after the compensation you deserve. Call Mathias Raphael PLLC Accident & Injury Lawyers today at (214) 739-0100, or contact us online for a free consultation with a caring team member. We can put our litigation skills to work for you.