By: Georgia personal injury attorney Kathy McArthur, Georgia’s 2024 Super Lawyers “Cover Story” Lawyer of the Year
Georgia’s civil justice system. The State of Georgia’s “tort laws” call for a modified comparative negligence analysis in traffic crashes. This rule is often “in play” in many motorcycle wrecks.
Any injured party seeking damages from a motor vehicle crash MAY have been partially at fault yet can still recover from the other driver (or drivers) if that other motorist is mostly at fault, for causing the injuries sustained. Nonetheless, the compensation our client can receive will be diminished relative to the degree of her or his culpability.
Some motorcyclists from other states may have come to Georgia or are passing through on their way to another state. Each state has its own traffic laws for motorcycle lane splitting, filtering, and sharing. Riders must follow these laws when operating a motorcycle.
Is splitting lanes legal? No, not in Georgia and 48 other states plus the District of Columbia.
While certain traffic offenses may contribute to a biker getting hurt or killed, Georgia laws allow for a jury to compare the driving actions of each driver in the collision. Litigating your case may also provide money for medical and rehab bills.
If you or someone that you care about has been in a lane-splitting (or other type of crash) that occurred while on a motorcycle, don’t attempt handle the civil law complications by yourself. Most Legislators agree that Georgia should not allow this practice, so that is the law in Georgia.
This short video clip from the Motorcycle Legal Foundation visually advises of what each of these three terms mean. In the lane filtering example, you can see that the taillights of passenger cars show that the brakes are being applied, indicating slow movement, or being stopped.
Many drivers who never ride motorcycles wonder why lane splitting is illegal, especially in the heavy traffic in multiple lanes in large population cities. This is due to their near encounters with hazardous cyclists who fail to indicate before daringly overtaking their cars, scaring these drivers who are apprehensive that irresponsible cycling could result in them unavoidably being involved in accidents.
Our law team’s commitment to riders extends beyond legal representation. Through our website, our legal team strives to educate and empower the riding community.
A Guide for Personal Injury Cases Applicable to Motorcyclists
At McArthur Law Firm, our law office’s legal warriors know the excitement of riding a motorcycle. But, due to the many personal injury claims that have retained our legal services, our law professionals also understand the dangers, especially when riders split lanes or engage in “lane filtering.”
Lane-splitting is when a motorcycle rides between lanes of slow or stopped traffic. It’s a controversial topic in Georgia and other states.
Motorcycle crashes in a car accident Macon GA. Understanding the law and protecting riders’ rights is important when dealing with motorcycle lane-splitting accidents. Our eight lawyers GA are not just located at a single law office Georgia.
If you are seeking a Macon car accident lawyer, we have 5 Macon attorneys available. When a personal injury lawyer Atlanta is needed, a free consultation is also available from our three Atlanta injury lawyer litigators at this location.
Also, if your case occurred in South Georgia, our Macon personal injury lawyers maintain a Warner Robins area office can used by our personal injury lawyer Macon GA. In addition, our lawyers will meet you at your home or even in a hospital.
Is lane splitting legal in California? Motorcycle lane splitting is only currently allowed in California, but new laws to legalize lane splitting are under consideration in several other states. But in early 2024, no other jurisdictions have enacted “lane splitting” states, leaving the California Highway Patrol and local California cops to deal with this State law.
Lane splitting is riding between moving traffic, while lane filtering is riding between stopped or slow-moving cars. Four states (Hawaii, Arizona, Montana, and Utah currently state that lane filtering is permitted.
When on a bike in Georgia, Georgia DOHS says: “Lane filtering and lane splitting are prohibited in Georgia, but lane sharing is allowed. Know the rules of the road.”
Legal Implications of any Traffic Citation Issued to our Client for Traffic Violations
Lane splitting in Georgia, also known as white-lining or stripe-riding, is the practice of a motorcycle rider passing between lanes of vehicles in slow or stopped traffic. In Georgia, this maneuver is explicitly prohibited under Georgia Code Section 40-6-312. This law aims to promote safety on the roads by preventing motorcyclists from engaging in risky behavior that could lead to accidents and injuries.
By outlawing lane splitting, Georgia seeks to protect both motorcyclists and other drivers on the road. Violating this law can result in fines, penalties, and potential legal consequences for the motorcyclist. Because many of these illegal maneuvers make Georgians uncomfortable with the risky practice, the fact that Georgia citizens generally find it to be dangerous for both drivers and motorcyclists.
In civil litigation in Georgia, if that biker is found to have been 50% or more at fault, no recovery is going to be received by the motorcycle driver. But each civil litigation case lets a jury decide that ONE case, on its facts.
Elements like the motorcycle’s velocity, the conduct of other motorists, and the prevailing traffic circumstances are considered. McArthur Law Firm excels in unraveling these complexities to construct a robust case for our client, when a million dollar (or more) recovery is needed.
Proving the Negligence of the Other Motorist
Proving negligence by another party is crucial in motorcycle lane-splitting accident cases. Proving other driver’s reckless actions like failing to signal or not checking their rear-view mirror to notice a motorcycle passing their car or truck may have caused the roadway collision.
Our skilled lawyers carefully look into each case to find proof and make a strong argument for our clients. In today’s “driving” world, many vehicles are equipped with video technology that can sometimes be the winning ticket for our clients.
Seeking Compensation by Navigating Insurance Company Challenges
Motorcycle accidents in Georgia can lead to serious injuries, but compensation for damages likely will still be available. McArthur Law Firm fights for fair compensation for clients impacted by incidents affecting their lives.
McArthur Law Firm is able to help some motorcyclists involved in lane-splitting accidents to receive fair compensation from insurance companies. While the partners and associates in our office recognize the complexities surrounding motorcycle lane-splitting accidents in Georgia, we also know that Georgia laws are fair, when it comes to comparing who was the MOST at fault.
Should you or a family member be implicated in a lane-splitting incident, don’t attempt to traverse the legal proceedings by yourself. For a FREE lawyer consultation, contact McArthur Law Firm at the Atlanta Office by dialing 404-565-1621, or at the Macon Office at 478-238-6600.
You can rest assured that you’ll be hiring a team of Georgia motorcycle accident attorneys that is dedicated to protecting your legal rights and seeking to recover the full compensation you deserve. Remember, that our Firm fronts all the costs of pursing legal action, if we accept your case on a contingency fee basis. Below, see images of Quintesha Reynolds on left and Jordan Josey on the right.
This includes recovering for medical care, lost wages, and possibly for leaving the biker with a permanent disability. Once we win, these costs are recouped, but this “percentage of recovery” structure is approved by the Georgia Bar, because it allows injured parties to seek recovery, when they otherwise might not even try.
Stay safe while riding your bike. In addition, remember that the Georgia attorneys McArthur Law Firm is here to help when you need it.
See the sample below of one of our lawyer ratings sent to us by a former Client.
“Last year I was in an auto accident and initially felt overwhelmed. Once I called Jessica, I was immediately at ease. She was with me through the entire process and always took the extra time to explain situations in a way I could comprehend. She was kind and professional, but most importantly- she got results. I cannot say enough good things about Jessica and her team! They took the stress out of a stressful situation, and I will always be grateful for their work.”
– Tabitha Chapman
More Motorcycle Accident Resources
If you’d like to learn more about motorcycle accidents then read our informative articles on motorcycle accident claims below. We explore every aspect of motorcycle accident cases in Georgia McArthur Law Firm handles.
- Lane Splitting in Georgia: Debunking the Myths and Unraveling the Facts
- Navigating Motorcycle Lane-Splitting Accidents: A Comprehensive Guide from McArthur Law Firm
- Motorcycle Accident Lawsuit: Motorcycle Crash Attorney in GA
