Written by Parnall Law Firm reviewed by Bert Parnall Motorcycle Accidents Articles
Owner/CEO at Parnall Law Firm
Some people continue to be confused by laws regulating how motorcycles can be used on the road, and sometimes this confusion extends to motorcyclists themselves. One particular area of confusion is the practice of lane splitting, which is when a motorcycle travels down the broken line between two lanes of stopped or slow-moving traffic traveling in the same direction.
Lane-splitting advocates argue it allows them to ease traffic congestion, while detractors say the practice increases the chance of accidents.
If you’ve been in a motorcycle accident, whether you were lane splitting or not, it’s important to get help from a skilled, assertive motorcycle accident lawyer at Parnall Law. We’ll help you determine who was really at fault for your injuries and seek compensation to hold them accountable.
Hurt? Call Bert! To schedule your free initial consultation, call Parnall Law today or visit our contact page.
While motorists, state governments, and others continue to debate the practice, at the moment lane splitting is currently illegal in almost all of the United States – including New Mexico. The sole state where lane splitting is allowed is California.
California law allows lane splitting only when the surrounding traffic is moving at 30 mph or less, and even then, motorcyclists can only go up to 10 mph faster than the traffic around them.
Lane sharing is when two motorcycles ride next to each other in the same traffic lane. Lane sharing is allowed in New Mexico and most other states, though no more than two motorcyclists can share a lane.
Lane splitting is also distinct from filtering, which is when a motorcycle moves between traffic to reach the head of the line at a stoplight, stop sign, or similar intersection.
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All motorcyclists in New Mexico need to be sure they’re following the state’s laws regarding insurance coverage, safety equipment, rules of the road, and other safety tips. Here are some of the most important laws to know if you’re a motorcyclist in New Mexico:
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Lane splitting is considered a dangerous practice. Motorcyclists riders should consider the flow of traffic, the width of the lanes, and the size of their motorcycle before attempting to lane split. As lane splitting is still illegal in New Mexico, motorcyclists who are caught engaging in the practice can be ticketed and issued a fine.
If you were involved in a motorcycle accident and were splitting lanes, but your actions didn’t cause the crash, you could still be able to recover compensation for your injuries and other losses. New Mexico uses a comparative negligence system for personal injury claims (like those related to motorcycle accidents), which means that any damages are awarded based on the percentage of fault for everyone involved.
For example, if two cars crash into each other and one driver is above the legal limit and causes the crash, the drunk driver will likely be held responsible for 100 percent of the damages. However, if the other driver was speeding, then maybe the speeding driver is responsible for 10 percent of the crash. This means that if the driver who was speeding sued the drunk driver for damages, their damages award would be reduced by 10 percent.
When it comes to lane splitting, you could face fines or other penalties because of your actions in the event of a crash. As far as compensation in a civil suit goes, though, you could still recover compensation if you can show your actions were not what caused the crash. Speak to a motorcycle accident attorney to learn more about what compensation you could recover for your injuries.
Because there are special rules for motorcyclists in New Mexico, when accidents happen, you need to get help from an experienced motorcycle accident lawyer. At Parnall Law, we’re well-versed in the intricacies of motorcycle accident claims, and we want to help you recover the compensation you’re entitled to. Motorcycle accidents can cost a great deal in medical bills, lost wages, and other damages. We want to help you get back on your feet.
To set up your free initial consultation, call us today or visit our contact page.
Bertrand Russell Parnall is an Albuquerque native, salutatorian of the Class of 1988 at Albuquerque High School, and co-captain of the district football champion Bulldogs. He earned his undergraduate degree from Rice University with a double major in history and French, and his law degree from the University of New Mexico School of Law after coming home to Albuquerque.
Years of Experience: 27+ years
Justia Profile: Bert Parnall
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Bertrand Russell Parnall who has more than 20 years of legal experience as a personal injury attorney.
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