Riding a motorcycle offers a sense of freedom and excitement, but it also comes with unique risks and responsibilities. One controversial practice that often arises in discussions about motorcycle safety is lane splitting. While some states have legalized lane splitting, West Virginia is not one of them.
In this blog post, we’ll explore West Virginia’s stance on lane splitting, the potential consequences for motorcyclists who participate in this behavior, and what to do if you’ve been involved in a motorcycle accident. At Desai Law, our West Virginia motorcycle accident lawyers are dedicated to helping injured riders understand their rights and fight for the compensation they deserve. Reach out today for a free case consultation.
What is Lane Splitting?
Lane splitting is when a motorcycle drives between rows or lanes of slow-moving or stopped traffic. While it may seem like a time-saving maneuver, lane splitting is illegal in West Virginia. The state does not have an explicit law prohibiting it, but existing traffic laws make it clear that lane splitting is not permitted.
West Virginia’s Stance on Lane Splitting
West Virginia law requires all vehicles, including motorcycles, to operate entirely within a single lane. They can only move from that lane after the driver has determined it is safe to do so. This effectively bans the practice of lane splitting since motorcyclists must follow the same rules of the road as other vehicles.
Motorcyclists who participate in lane splitting can face serious consequences:
Traffic Citations and Fines for Lane Splitting
Motorcyclists who split lanes can face serious consequences, including traffic citations and fines. Under West Virginia Code Section 17C-7-9, all vehicles, including motorcycles, must stay within a single lane and only move from that lane when it is safe to do so. If a motorcyclist is caught lane splitting, they may be cited for violating this law, which would likely be classified as a misdemeanor. The penalties for violating this section are outlined in the statute:
- First offense: Guilty of a misdemeanor and subject to a fine of not more than $100.
- Second offense within one year: Guilty of a misdemeanor and subject to a fine of not more than $200.
- Third or subsequent offense: Guilty of a misdemeanor and subject to a fine of not more than $500.
Increased Liability in Accidents Caused by Lane Splitting
Another serious consequence of lane splitting is the potential for increased liability in accidents. If a motorcyclist causes an accident while lane splitting, they could be held primarily responsible for the incident. This is because lane splitting is not legally permitted in West Virginia, and engaging in this practice may be considered negligent behavior.
In such cases, the motorcyclist may be deemed at fault for the accident, which could have significant implications for their insurance coverage and any potential legal claims. It is important for motorcyclists to understand that lane splitting not only puts them at risk of traffic citations but also increases their liability in the event of an accident.
Reduced Compensation for Injuries Sustained While Lane Splitting
Motorcyclists who lane split also risk limiting their ability to recover compensation after an accident. If a motorcyclist is injured while lane splitting, their actions may be considered contributory negligence. Under West Virginia’s comparative fault system, a person’s ability to recover damages can be reduced or even eliminated if they are found to be partially at fault for the accident.
In cases where a motorcyclist is lane splitting at the time of the accident, they may be assigned a percentage of fault, which would directly impact the amount of compensation they can receive. This could result in a significantly reduced settlement or, in some cases, a complete bar to recovery if the motorcyclist is found to be more than 50% at fault.
At Desai Law, our knowledgeable West Virginia motorcycle accident lawyers are experienced in the state’s traffic laws and the potential consequences of lane splitting. We understand the problems that injured motorcyclists face and are dedicated to helping them pursue the compensation they deserve.
If you or a loved one has been involved in a motorcycle accident, contact our office for a free consultation. We will go over your case, explain your legal options, and fight to protect your rights.
The Dangers of Lane Splitting in West Virginia
Some argue lane splitting improves motorcyclist safety by reducing the risk of rear-end collisions in stopped traffic. However, many believe it leads to confusion for other drivers and puts motorcyclists in dangerous blind spots.
West Virginia’s Motorcycle Operator Manual specifically warns against riding between stopped or moving vehicles due to hazards like:
- Car doors opening suddenly
- Hands coming out of vehicle windows
- Vehicles turning or changing lanes unexpectedly
If you’ve been injured in a motorcycle accident, our West Virginia motorcycle accident lawyers can help protect your rights. We know the severe losses these crashes cause and will fight for the compensation you deserve.
West Virginia Motorcycle Accident Statistics
Motorcycle accidents and fatalities have surged in West Virginia in recent years:
- Motorcycle deaths have jumped 36% since 2019
- In 2022, 41 people died in motorcycle accidents – this was a 41% increase
- The fatality rate was 7 deaths per 10,000 registered motorcycles
- Over 30% of deadly motorcycle crashes involved alcohol
These tragic statistics highlight the importance of following traffic laws and prioritizing safety when riding. If you’ve lost a loved one in a crash, our compassionate attorneys can help hold negligent parties accountable.
Injured? Call the Motorcycle Accident Attorneys at Desai Law
At Desai Law, we’re committed to helping injured motorcyclists turn tragedy into triumph. Chirag Desai and his team are fierce advocates who hear you, stand with you, and will fight for the justice you deserve.
If you or a loved one has been harmed in a motorcycle crash, contact our caring attorneys for a free consultation. We’re here for you 24/7 and earn no fees unless we win for you. Call 304-974-1974 to get the help you need today.
