Almost all us have seen a motorcycle rider do this before. Who is legally at fault when this happens? A debate has erupted on social media.

What is lane splitting and is it legal in New York?

When a motorcycle rider drives in between a vehicle it is called lane splitting. Almost every motorist has seen this occur on a major roadway. It is not legal in the State of New York but apparently it is not against the law in California.

This video of a motorcycle rider hitting both cars while trying to split lanes is sparking quite the debate on social media. Some are claiming that even if it is legal the rider should have used better judgement before trying to fit between the two cars. Others believe that one of the drivers in the car can be seen crowding the lane.

"The motorcyclist in this video who attempted to cut between the two vehicles would be at fault, unless of course there is more footage leading up to the collision that would show otherwise.  Here, the motorcyclist failed to maintain his lane of travel as he was traveling on the dotted white line, which is not a lane of travel.  The dotted white line is a roadway marking that separates/defines lanes of travel, but the dotted white line itself is not a lane of travel. The motorcyclist while travelling on the dotted white lane then attempted to pass between vehicles who were travelling in their designated lanes of travel and in doing so a portion of his motorcycle entered into their lanes of travel striking their cars causing his crash.  Therefore, the biker is at fault."


Accidents involving sideswiping vehicles are often tricky to prove. In this instance there was video evidence.


"Sideswipe cases can be tricky to prove when there is no video and the drivers involved have conflicting stories.  Often times both drivers will argue they were in their respective lanes of travel when the other came into their lane and struck them.  The key to proving these cases is getting eye-witness testimony and/or getting an accident reconstructionist to look at the roadway to determine the lane of travel where the collision actually occurred." - Alex Mainetti, Mainetti & Mainetti




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