Motorcycle accidents often result in devastating outcomes for riders involved. Inadequate physical protection during an accident can result in serious or even fatal injuries. Many injuries obtained after these types of accidents require lifelong treatment.

When determining a motorcycle accident, the State of Nevada uses a modified comparative negligence test to evaluate how much each driver is accountable for the accident. This assessment has a direct impact on any compensation the motorcycle rider receives for their injury.

To understand the complexity of Motorcycle Accidents Laws in Las Vegas, you need to understand the vital issue of lane splitting.

What is Lane Splitting?

Lane splitting involves a motorcycle between two lanes of traffic, thereby ‘splitting’ the lanes to create a separate path. Lane splitting is exceedingly dangerous, especially if two lanes of traffic move at the same moment.

In heavy traffic or congested areas, some motorcycle riders will attempt to split lanes. Motorcycles often fit into fewer gaps than traditional passenger vehicles, allowing them to easily sneak between lanes during traffic congestion. When other traffic is unable to move, motorcyclists may be able to squeeze between the two lanes of traffic and exit the traffic jam, allowing traffic to flow more quickly for everyone.

However, this doesn’t mean that lane splitting is safe. Lane splitting indicates that the motorcycle is moving through a relatively limited space. If a vehicle, particularly a large vehicle, moves at any time, it has the potential to sideswipe the motorbike before the driver is aware of its presence. Motorcycle riders may also have to perform tighter movements when splitting lanes than when taking up a lane of traffic on their own.

Before diving into the legal issues, let’s define lane splitting in Nevada and why it’s an area of concern.

Is Lane Splitting Legal in Las Vegas?

Nevada law prohibits lane splitting. While lane splitting is permissible in numerous European and Asian countries, it is only legal in California in the United States.

As a motorcycle rider, you must remain stationary when traffic is jammed up, even if you believe you can slip through the lanes and reach the destination. When attempting to reach your destination, do not try to steer your way around traffic or disregard existing traffic.

However, Nevada law allows two motorcycles to share the same lane if both of you consent. For big groups of motorcycles going together, this can help increase the likelihood that you will pass through red lights safely and that other drivers will not attempt to split amongst your group members.

The ban on lane splitting does not simply prevent motorcycle riders from using the area between two lanes of traffic to get closer to their destination. It also prohibits other vehicles from attempting to enter your lane, either due to distracted driving or because those drivers seek to avoid other cars by “sharing” your lane. Drivers of passenger vehicles who attempt to merge into your lane may face the same penalty as motorcycle riders who attempt to split lanes.

Understanding the legal boundaries sets the basis for investigating liability in accidents involving lane splitting, which is an important factor for affected parties.

Who is Liable for Motorcycle Accidents that occur while Lane Splitting in Nevada?

Given the prohibition of lane splitting in Las Vegas, riders are often found fully or partially at fault in accidents related to this practice.

The events that preceded up to the incident will be evaluated; for example, if there was a hazard on the road that the motorcyclist had to avoid, they may only be partially responsible. If there was no upcoming threat forcing the rider to lane split, they would most certainly be held responsible, if not entirely.

Additional factors include:

• Determine whether there is proof that lane splitting caused the accident.
• Whether the motorcyclist was riding carefully, without speeding or weaving in and out of lanes.
• Whether or if the motorcycle rider is experienced.
• Traffic conditions – whether traffic was delayed or stopped at the time of the accident.
• Whether the driver’s actions were reckless—for example, a sudden lane change without indicating, swerving between two lanes, driving under the influence of alcohol or drugs, and so on.

Moreover, Nevada courts follows a modified comparative negligence rule. According to this law, an injured party can seek compensation if they are less than 50% responsible for the accident. If a party is deemed 51% or more in fault, they are not eligible for compensation.

Understanding the legal boundaries sets the basis for investigating liability in accidents involving lane splitting, which is an important factor for affected parties.

How Could Lane Splitting Affect Your Claim?

Accidents during lane splitting can significantly influence your claim.This could include:

• Fault

In Nevada, lane-splitting is prohibited. If engaged in an accident, you may be held partially or totally guilty. The level of liability may vary depending on circumstances such as speed, visibility of the other motorist, and the number of parties involved.

• Insurance claim

If you were involved in a line-splitting accident and want to make an insurance claim, you’ll have a harder time attaining the desired outcome because you failed to follow safe riding steps.

If your state law prohibits lane splitting, you may lose coverage for medical expenses, property damage, and possibly the opportunity to claim compensation.

• Public Bias

If you went through the claims process following your motorcycle accident and were unable to reach an agreement on damages, your case will be taken to court.

If shown to a jury, you can expect lane splitting to carry a negative view throughout the jury, reducing your chances of winning compensation.

Understanding the impact on claims takes us to the essential legal framework that governs these situations, such as the statute of limitations, which determines when legal action can be taken.

Statute of Limitations For Lane-Splitting Accidents in Nevada

Each state has its own time limit for filing personal injury cases, known as a statute of limitations. Nevada sets a two-year statute of limitations for filing lane-splitting accident lawsuits, as outlined in NRS §11.190.

You may be unable to make a legal claim after this deadline. That is why it is important to contact a lawyer immediately following an accident. Our law practice accepts phone calls around the clock.

Contact our Las Vegas Motorcycle Accident Lawyer

If you or someone you know has been involved in a lane-splitting accident, contact the Las Vegas Motorcycle Accident Attorneys at Lach Injury Law now. Schedule a free, no-obligation consultation. After evaluating your case, we will assess whether another party was negligent and could be held liable for the accident.