California Lane Splitting Laws and Military Motorcycle Accidents
Camp Pendleton Marines frequently ride motorcycles on Orange County highways, and California’s lane splitting laws create unique accident scenarios that affect liability and compensation. Understanding when lane splitting is legal, how drivers must yield to motorcyclists, and what happens when drivers violate these duties protects your rights after accidents.
At the Law Office of William Bruzzo, our experienced Orange County personal injury attorney team has represented Marines injured in lane splitting accidents throughout Orange County. With over 30 years of experience handling personal injury cases, and as a former Major in the United States Marine Corps Reserve, we understand California Vehicle Code provisions governing lane splitting and how insurance companies often unfairly blame military motorcyclists.
California’s Lane Splitting Laws Under Vehicle Code 21658.1
California is the only state where lane splitting, riding between lanes of traffic, is expressly legal. Vehicle Code Section 21658.1, enacted in 2016, authorizes motorcyclists to ride between lanes and requires the California Highway Patrol to develop lane splitting safety guidelines.
According to the California Highway Patrol, safe lane splitting means:
- Travel at speeds reasonable for traffic and road conditions
- Avoid lane splitting at speeds more than 10 mph faster than surrounding traffic
- Consider total traffic speed (lane splitting safer at 50 mph than 70 mph)
- Understand wider vehicles like trucks make lane splitting more dangerous
Legal lane splitting doesn’t automatically mean you’re at fault if drivers hit you. Drivers have duties to check mirrors and blind spots before changing lanes, regardless of whether motorcyclists are lane splitting.
Common Causes of Lane Splitting Accidents Involving Marines
Lane splitting can be safe when done correctly, but Marines riding motorcycles in Orange County face unique risks due to other drivers’ mistakes. Understanding the most common causes of lane splitting accidents helps you identify liability and protect your rights after a crash.
- Sudden Lane Changes by Drivers: Drivers who change lanes without checking mirrors or blind spots cause most lane splitting accidents. They are legally liable if they hit motorcyclists.
- Opening Car Doors Into Traffic: Drivers opening doors without ensuring it is safe can hit motorcyclists riding between stopped vehicles. California Vehicle Code §22517 makes them responsible.
- Intentional Vehicle Blocking: Drivers who deliberately block motorcyclists from lane splitting violate California law and may face full liability, including punitive damages for intentional misconduct.
Recognizing these common hazards is essential when pursuing a personal injury claim. Proper documentation and evidence can demonstrate driver negligence and strengthen your case for compensation.
How Insurance Companies Blame Military Motorcyclists
Insurance adjusters routinely blame lane splitting motorcyclists even though California law expressly permits lane splitting. They argue “if you weren’t between lanes, the accident wouldn’t have happened.”
This ignores that drivers have duties to check before changing lanes regardless of motorcyclists’ positions. Our Orange County personal injury attorney counter by proving the driver violated specific Vehicle Code provisions, failed to check blind spots, failed to signal, made unsafe lane changes, or opened a door without checking.
CHP guidelines suggest lane splitting at speeds no more than 10 mph faster than surrounding traffic. However, these are guidelines, not hard limits. We present evidence showing your speed was reasonable for conditions and the driver’s negligence caused the accident.
Proving Driver Liability in Lane Splitting Accidents
Witnesses who saw the driver fail to check mirrors or suddenly change lanes provide critical evidence. We interview witnesses immediately after accidents. Fellow service members riding with you often provide the best testimony.
Highway cameras near Camp Pendleton and personal dashcams capture many accidents. We immediately request traffic camera footage before it’s overwritten. Many Marines have dashcams or helmet cameras.
Where vehicles contacted proves liability. If damage is on the motorcycle’s right side and the car’s left front, this suggests the driver moved left into the motorcycle’s path. Accident reconstructionists analyze damage patterns to determine fault.
Helmet Laws and Lane Splitting Accident Claims
California Vehicle Code Section 27803 requires all motorcyclists to wear helmets. Violating this law doesn’t prevent claims but can reduce damages if defendants prove helmet violations contributed to specific injuries.
According to Understanding California’s helmet laws, insurers often argue brain injuries resulted from not wearing helmets. We counter with medical evidence showing injuries would have occurred regardless.
Camp Pendleton Marines complete mandatory motorcycle safety training. We use this training compliance as evidence you followed safety protocols, strengthening your credibility with juries.
Calculating Damages When Lane Splitting Accidents End Military Careers
When lane splitting accidents cause injuries preventing fitness test passage, Marines face medical separation before 20-year retirement. These career losses include:
- Lost retirement pay starting at 20 years
- Lost housing allowances ($2,000-$3,500 monthly in Orange County)
- Lost TRICARE healthcare for family
- Lost promotion potential and special pays
A 26-year-old E-4 Marine injured in a lane splitting accident loses potentially $2+ million in lifetime military career benefits. Insurance companies argue these losses are speculative, but we prove them through military career expert testimony and comprehensive benefit calculations.
Dealing With CHP Investigation Reports in Military Motorcycle Accidents
California Highway Patrol investigates serious motorcycle accidents on state highways. CHP reports include officer opinions about fault, but these opinions aren’t determinative. Officers arriving after accidents don’t witness what happened and sometimes incorrectly assume lane splitting motorcyclists are at fault.
We challenge incorrect CHP conclusions through witness testimony, physical evidence analysis, and accident reconstruction. CHP officers’ opinions about lane splitting fault often reflect personal bias rather than legal standards.
Contact an Orange County Personal Injury Lawyer for Lane Splitting Accidents
Lane splitting accidents require a skilled attorney who understands both California motorcycle laws and the unique consequences for military careers. At the Law Office of William Bruzzo, an Orange County personal injury lawyer has represented Camp Pendleton Marines injured in lane splitting accidents for over 30 years. This experience allows us to navigate insurance adjusters, prove driver negligence, and calculate the full scope of career and military benefit losses caused by accidents.
Contact us online for a free consultation. We’ll review the accident, prove the driver’s liability, and fight to recover full compensation including your military career losses.
