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2 percent of the accidents [studied]. Among the U. C. Berkeley findings: – Lane-splitting is safe if done in traffic moving at 50 mph or less, and if motorcyclists do not exceed the speed of other vehicles by more than 15 mph. The National Highway Traffic Safety Administration (NHTSA), through research studies with the Motorcycle Safety Foundation, now claims that lane splitting does not put motorcyclists or other drivers at any increased risk of danger, and could actually help to prevent motorcycle accident injuries. Whether or not a state has official laws against lane-filtering doesn't really affect local LEO's perception of it. The plaintiff was struck in the neck by a shell fired from a defective Sixteen Shot Super Stallion causing severe burn injuries to neck that required multiple surgeries. While being able to maneuver around congested roadways helps riders get to open roads more easily, there is still the considerable risk that inattentive drivers could cut them off while they attempt to lane split. Laws prohibiting lane splitting in most states were established both to help create order and to prevent motorcycle accidents and injuries that could occur from side sweep collisions with motorists. It involves the motorcyclist riding between two lanes of traffic, often when other vehicles have stopped or slowed down. And for days you need to leave the bike parked at home, you'll need a great. Types of Compensation Recovered for Motorcycle Accident. Lane splitting is another common cause of motorcycle accidents, and occurs when a motorcycle drives between two lanes of slow or stopped cars. Get Important Legal Help After a Charleston Motorcycle or Moped Accident. The NHTSA states that lane splitting could benefit riders in the following ways: - By allowing riders greater flexibility in responding to traffic partners.

In these instances, the simple act of changing lanes could result in a devastating accident – and a seriously injured motorcyclist. There are more than one-hundred motorcycle deaths every year in South Carolina. Grounds for motorcycle accident compensation. This is often used as a means for riders to more easily traverse and get around traffic and backups. As traffic comes to a halt, distracted drivers often rear-end vehicles in front of them. How to find cheap insurance for your car or bike. It is a fun, but dangerous, activity. Our practice also includes representation in wrongful death actions on behalf of family members who lost a loved one to the negligence of another in a Charleston motorcycle or moped crash. In many countries (excluding the United States), lane splittingii and filteringiii are normal practices for motorcyclists. Common injuries include burns, amputations, spinal cord and neck injuries, and head and brain trauma like traumatic brain injuries (TBIs). We believe helping you receive the compensation you deserve makes our community a better place. About 70 percent of all motorcycle accidents occur at intersections, where bikers may be less visible than cars. Their small size makes them difficult to see.

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The rider is passing between lanes of traffic, not on the median or shoulder. This petition is to get lane-splitting legalized and written into law with the following provisions: - Definition: Lane-splitting is the act of operating a motorcycle in between lanes on a highway or interstate in order to pass traffic. Nursing home negligence case where the plaintiff's mother died of severe dehydration as she was not given water to drink and not cared for at all by the nursing home staff. "I've seen this map before! These may be caused by dangerous roadways or malfunctioning motorcycle parts. That's lane splitting. Speed is also one of the biggest factors involved in lane splitting crashes, which is why it's recommended not to exceed a certain speed when white lining between traffic. By definition, lane splitting is the operation of a motorcycle between marked traffic lanes traveling in the same direction —essentially, lane splitting is driving along the dotted lines that mark where the lane ends. Traumatic brain injury (TBI). The following are brief descriptions of some laws regarding SC motorcyclists: In many cases, drivers are at fault for causing a motorcycle collision.

In a statement issued by the Motorcycle Industry Council in 20114, the trade group states: "In full consideration of the risks and benefits of lane splitting, the Motorcycle Industry Council supports state laws that allow lane splitting under reasonable restrictions. Provisions such as mandatory helmet use in an adult-choice state or mandatory minimum medical insurance coverage provisions would quickly poison an otherwise well-intentioned effort. Motorcycle accidents typically occur during a car accident, when the two vehicles collide. Your attorney will tell you what you should and shouldn't say to the insurance adjuster.

For that reason, it's important to stay up to date with legislation in your state. That's why it is incredibly important for both motorcyclists and drivers to exercise extreme caution when turning left – especially on busy roads. Advocates of lane splitting should be prepared to counter any negative responses they receive from legislators and those responsible for implementing lane splitting laws. Aggressive driving, by either motorists or motorcyclists, can cause a potentially deadly collision. To be considered legal in South Carolina a motorcycle must have a rearview mirror, headlights engaged when the motorcycle is on, two headlights with at least one on each side of the front of the motorcycle. The driver is passing a car stopped in the same lane. There is no one set amount for every case. Lane splitting laws by state. With lane-filtering, however, it's become clear that law enforcement in different states and cities approach the matter differently, regardless of what local laws say. Reach out by calling (843) 417-9978 or send us a message through our website. An August 2016 Road and Track report on lane splitting states that California has now become the first state in the country to pass a law making the practice legal for motorcycle drivers.

A rider can easily be injured in a motorcycle accident when not wearing proper protective gear. Prevent sit bone saddle sores on long rides by using chamois cream. The Tatum Law Firm has extensive experience in investigating the causes of motorcycle accidents on the road and can help injured motorists seek compensation for their losses. In category 4 zones, LEOs who witness lane-filtering will usually initiate a traffic stop. As a motorcyclist, there are several things you can do to lower your chances of getting hurt when riding your motorcycle: Always wear a helmet approved by the Department of Transportation.

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The more serious your injuries and losses, the more compensation you deserve. Dangerous road conditions and poorly designed roads. Many motorcycle accidents occur when a driver turns left across traffic. Many times, you may resolve the case by filing an insurance claim. Gathering evidence that shows that the other party should be held liable for more than 50 percent of your damages award. Contact the police as soon as possible after any motorcycle accident.

One of the most common injuries in any bike wreck is severe head trauma. Lane-splitting is encouraged to be performed between the two left-most lanes but is not limited only to those areas. Failing to wear a helmet is not contributory negligence in a motorcycle accident claim. When you need a Myrtle Beach motorcycle accident lawyer, the Maguire Law Firm is here to represent you. However, motorcyclists can be involved in a wreck that does not involve any other vehicles. For the map, I assumed a conservative non-flashy motorcycle (commonly known as the "old-man bike", a non-loud exhaust, a clearly-visible plate and tags, that the rider wears a helmet, that no lights are out or missing, and that the rider was not speeding around the time that the lane-filtering occured. 550, 000 Negligently Performed Hip Operation. Trying to stop a rider from lane sharing. Estimates show that helmets reduce the chances of a crash fatality by up to 37 percent. Extra loads: Motorcyclists may not carry an extra passenger or additional items unless the vehicle is designed to accommodate them. We want to help you make your claim a success. Help other drivers see you by wearing brightly colored protective gear (including a helmet) and using high beams even during daylight hours.