Los Angeles Motorcycle Lane Splitting Accident Verdict
LA Motorcycle Split Accident Verdict
Recently in LA, a jury returned a verdict of $3.7 million in a case involving a lane-splitting motorcyclist who got multiple injuries in an accident. (Superior Court Case No. BC553756). The case was a textbook example of the comparative negligence in California. Now with the passage of the new lane-splitting bill, the approach of state juries towards lane splitting could be altered.
A 2003 Kawasaki motorcycle driven by the plaintiff, met with an accident with the Defendant’s Lexus as she suddenly moved to the plaintiff’s lane without signaling. The plaintiff was thrown off the bike, which landed on him causing multiple injuries in the process.
The Plaintiff argues regarding the defendant’s lack of attention as she engaged in a careless lane change while not signaling and violating the Californian vehicle code. To which the defendant replied that the plaintiff as the lane-splitter,and was following closely and driving at an unreasonable speed.
The trial which lasted a week, the jury reached a judgment in favor of the plaintiff, as they concluded that the defendant was 87% liable and the plaintiff was 13% liable for the accident. Though the plaintiff’s gross verdict inclusive of past earnings, future earnings, past medical expenses , future medical expenditure and non-economic damage exceeded $ 3.7 million, he was only awarded an amount after his fault percentage was deducted.
Comparative negligence refers to a case where the injured individual of a motor accident is partly at fault, and how his/her recompense will be reduced due to the percentage of fault of his/her actions. Though the injured party is able to recover a reward through suing, the reward will be reduced according to the fault of their actions.
NEW LANE-SPLITTING RULES AND COMPARATIVE NEGLIGENCE
Beginning January 1, 2017, lane-splitting will be legalized in California according to a set of rules. Therefore the accidents that take place during lane splitting will be gauged according to this new bill. California became the first state to legalize lane splitting, also described as the act of motorcycles riding next to other motorcycles or motor vehicles. The California Highway Patrol will discuss what the said lane splitting practices are.
The accidents that occur in the future, will not hold the injured partially responsible for the accident if they have carried on safe lane-splitting measures. In the above accident, it is hard to decide which percentage was due to lane-splitting and which was for speeding. However, the amount deducted due to lane splitting could have been recovered if the bill had been passed during the course of the accident.
Contact our Los Angeles motorcycle accident attorneys to stand for you and to inform you about your rights to recovery. Each year, hundreds of people are severely injured due to fatal motorcycle accidents, the open nature of motorcycle may even cause lifelong consequences. Hiring the right lawyer to tackle your case on behalf of you matters!