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Old 03-11-2006, 05:00 PM   #16
Bad Santa
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Think the CHP would consider this "safe and prudent"?

Lane splitting in Japan:

http://www.youtube.com/watch?v=6-MtX...rch=motorcycle
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Old 03-11-2006, 05:40 PM   #17
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Reckless. Crazy reckless.

1) Lotsa balls.
2) Suicidal.
3) Very talented.
4) It would have taken a helicopter to even dream of catching him/her.

Best repost of the week!
Next time I stop a stunter, I'm checkin' for video equipment!
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Old 03-11-2006, 08:54 PM   #18
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Originally posted by motorman4life
Reckless. Crazy reckless.

1) Lotsa balls.
2) Suicidal.
3) Very talented.
4) It would have taken a helicopter to even dream of catching him/her.

Best repost of the week!
Next time I stop a stunter, I'm checkin' for video equipment!
While watching that video, I found myself alternately wincing, cringing... and laughing out loud. That guy definitely has some big brass ones; too bad his life expectancy can probably be measured in days!
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Old 03-11-2006, 09:53 PM   #19
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Originally posted by motorman4life
If there are no injuries and they want to exchange info, hand them a prepared card that has what is required (below) and take off before the cops get called or arrive (particulalry if it is your fault). If they choose to make a counter report, per 20015, there can be no official determination of fault. If total damage is under $750, then no DMV (SR-1) accident report is required.
One thing to add to this. If the other party tells you they are calling the police and you chose to leave you can still be found at fault in a collision report. When the police arrive for the report and the other party is still there, this is not classified as a counter or late report and the officer will try to contact you for a statement and still will determine fault in a collision. If the other party says they want the police there the best thing to do is to stay and wait.
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Old 03-30-2006, 04:28 PM   #20
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splitting lanes + accident = your fault?

A friend of mine said that if you get in an accident with a car while splitting lanes, it is automatically your fault? I don't see how this could be true if you're under the speed limit, but I just wanted to confirm. Thanks guys

Last edited by VLOW1210; 03-30-2006 at 04:39 PM..
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Old 03-30-2006, 04:45 PM   #21
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Not true though I think it's under the discretion of the LEO though.

I was in a lane sharing accident and it was the guy in the car's fault.
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Old 03-30-2006, 05:10 PM   #22
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Not nessessarily true. Depending in what lane the perc was in and which lane you ar in. Now, If the perc comes over into your lane with proper signaling but you are in his blind spot and doesn't check further then perc ia at faut. Now ir thr rider is splittinglans and you are in the recp lane,but behind the perc, the rider chooses to change lane, but not look for room thr rider is at fault. If there is a lane reduction up ahead and everyone starts to slowdown and there is alot of vehicle chaging lanes, then the bike better pick a spot that is safe and stsy still till it is safe to go again If the bike tries to force himself andguns his way thru, but hit someone hes toast.
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Old 03-30-2006, 06:35 PM   #23
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Got witnesses? If not, you're probably at fault. If you're concious enough to defend yourself, good luck. The law is split safely, if you're in an accident, was it safe?

Yah, what steve said is accurate, but refer to my first question.
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Old 03-30-2006, 07:39 PM   #24
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There is no specific law prohibiting lanesharing. There is a ton of info about lanesharing (which people persist in calling splitting for some reason), in this thread. I suggest you do read the whole thread.

As an asside, "splitting" suggests or implies the act of straddling, which is specifically prohibited in 21658(a) CVC. My plea is that those that want to keep it legal, please call it “lanesharring” and consistently refer to it as such. The connotation of “sharing” is much more positive and is clearly a more accurate portrayal of the legal (ie.. not outlawed, yet) act many law-abiding CA motorcyclist do safely, on a regular basis. Who wants to be the lawmaker that outlawed “sharing” in CA?

If you are against it, feel free to call it splitting.


So, to answer your question: No, you are not automatically at-fault if a collision occurs while you are lanesharing.

As a maneuver that in and of itself is not illegal, if an accident or collision occurs while a motorcyclist is lanesharing, the first thing a responding officer will need to determine is what the primary collision factor was. At that point, unless the cause is glaring and not attributed to the motorcyclist, the question comes up, "Was lanesharing the primary cause of this collision? Did the lane sharing maneuver contribute to the cause? Was the lanesharing maneuver being done safely and lawfully.

Being there are many citizens and more than a few officers that admantly believe lanesharing is totally illegal, you are already up against the 8-ball when and if they happen to weigh in on the situation. In cases like this, I believe it is best to not say anything at the scene that might be used against you. If you were proceeding safely and were fully aware of your surroundings and in control of your bike, state that clearly and ensure it is well documented. If the car driver was not proceeding safely, was not aware of their surroundings and was not in control of their vehicle, give the driver an opportunity to state that. Let them hang themselves by saying they did not see you ("I never saw him") and after they have made an admission of same, quietly point it out to the officer and any bystanders that may have witnessed the statement/admission. Point out any evidence that would tend to show the driver was not aware or was operating unsafely and ensure it is well documented. This is all simple CYA. Did the driver look? Did the driver signal their intention to turn? What did you see? What did the witnesses see? What did the driver say they did/saw/heard/ felt/believed?

More times than not, the driver will say they did not see you and moved either without looking, without signaling their intention or looked and did not see you... well, you were there or they would not have hit you! Don't argue with the cop(s), the other driver(s) or any witnesses as to the "legality" of lanesharing. If you were not splitting/straddling, ensure you state that and ensure any witnesses that saw you were not straddling lanes get their observations on the record, even if those witnesses thought the sharing was an illegal act.

Don't hang yourself and don't be an ass. If you are injured, tell them you will give a statement later. Don't make the mistake of cutting your own throat due to being in shock or traumatized by the collision and/or your injuries.

If anyone thinks the act of lanesharing was in and of itself illegal, let them go on thinking that at the scene. Let them document it as they see fit. This will be better for you than IF they think (or you stupidly convince them) they need to otherwise prove your actions were unsafe or unlawful over and above the mere fact that you were sharing lanes. If they think it is a "slamdunk" that you were at fault because you chose to share and the driver did not choose to, even if the officer cites you at the scene for splitting (when you weren't) or some other associated violation that you may or may not have been guilty of, if they do a half-assed investigation because they act on a false assumption, you or your lawyer (or insurance co.) can more easily get an under-investigated collision that is based upon a false or incorrect premise overturned vs. trying to fight a thorough investigation completed by someone that was likely unfairly biased against you and feels confident you will fight them on it later and may have grounds to overturn their findings.

I hope this makes sense to you.
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"It could be that your purpose in life is to serve as a warning to others." -MM4L
"This ain't rocket science people. A little common sense goes a long way." -MM4L
"Ever notice that anyone going slower than you is an idiot, but anyone going faster than you is a maniac?" - George Carlin (RIP 2008)

Last edited by motorman4life; 03-31-2006 at 03:31 PM..
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Old 03-30-2006, 10:29 PM   #25
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MM4L: that is some of the best damned advice I've gotten in some time. Thank you. I've been smacked twice while sharing lanes in heavy commute traffic (due completely to sudden changes without looking on the cages part) and because no injuries occurred just wrote off the bruises and fairing rash. Thanks again for the input!
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Old 03-31-2006, 04:05 AM   #26
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that's exactly the info i was looking for, thanks. btw can you post the link to the other thread? i'd love to take a look at it
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Old 03-31-2006, 10:19 AM   #27
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I was hit by a car while laneSHARING. Her insurance paid for it all, $4000 dollars parts and labor. She was scratching her leg and swerved into me, admitted as much to me and a witness! Didn't get LEOs involved, I got lucky there.
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Old 03-31-2006, 12:19 PM   #28
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MM4L, excellent advice. I'm the type that would be saying, "But lane splitting (I know you hate that word, can't get off it though) is legal" when faced with someone hitting me saying, "Yeah, but you were between the cars." You've given some good info that I think would definitely help out the people who read it.

You ought to include that info in your first post of "The definitive lane sharing" thread.






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Old 03-31-2006, 02:53 PM   #29
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This is from a brief we just used in a civil case for a Settlement Conference:

Defendants contend that Plaintiff BARFer was negligent in the subject incident because prior to the subject incident, Mr. BARFer had been lanesharing on westbound I-80.

Lanesharing, otherwise known as lanesplitting, white-lining, or filtering, is the practice by motorcyclists of moving between stopped or slow moving traffic during times of congestion and between lanes of vehicles, traveling in the same direction.

Lanesharing is 100% legal in California as long as it is done safely. There is no California statute permitting the practice of lanesharing. On the other hand, there’s no law stating that one cannot laneshare. In other words, lanesharing is not legal, but rather not illegal in the State of California. The California Highway Patrol specifically states: "Lane splitting by motorcycles is permissible under California law but must done in a safe and prudent manner."

California Highway Patrol officers embrace lane splitting because it allows a quicker response to emergencies. Motorcyclists who ride older, air-cooled motorcycles must keep moving to prevent their engines from overheating. Motorcyclists like lane splitting for one simple reason: It whittles down the time spent sitting in traffic. Lanesharing also reduces overall congestion and actually helps everyone get to his or her destination sooner

Lanesharing, when done carefully, is no more dangerous than riding with the flow of traffic, in fact it is slightly safer than riding a motorcycle in stop and go traffic. A study conducted by Harry Hurt, a University of Southern California researcher, referred to as the “Hurt Report,” supports that claim. The study, commissioned by the U.S. Department of Transportation, concluded that lanesharing is safer than sitting in stop-and-go traffic, where bikers are far more likely to be ``sandwiched'' between two cars. Professor Harry Hurt believes that “For a motorcyclist, that's the safest place to be,'' “a lot of people think it's a hazard, but the cold, hard facts are that it is not.''

Directly from the California Highway Patrol “Answers,” the generally “understood” unofficial guidelines for lanesharing are:
-Travel no faster than 10 mph faster than the vehicles you’re lanesharing with.
-Merge back in with the traffic when they reach 30-35 mph.
-Never exceed the speed limit.
-Lane-sharing between lanes #1 and #2 is preferred.
-Stay, more or less, in one lane or the other. Excessive meandering might get you cited. (CA code 21658)
-When in doubt, wait for a CHP motor patrol officer and follow him/her.

In the subject incident, Mr. BARFer was lanesharing prior to the collision in a safe and prudent manner. He was traveling approximately 5 miles per hour over the speed of traffic. Witnesses directly behind the point of impact recall Mr. BARFer’s vehicle passing and being struck by Mr. Numbnuts' vehicle in the number 2 lane. Mr. Numbnuts was found to be the primary collision factor, in violation of California Vehicle Code Section 21658(a) which states:
Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply:
(a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.

Plaintiff further contends that defendant Numbnuts failed to signal before making a lane change into the number two lane in violation of California Vehicle Code Section 22107, which states:
No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.

The cause of this collision is that defendant Numbnuts failed to observe Plaintiff as defendant turned and drove into Plaintiff’s lane.
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Old 03-31-2006, 03:29 PM   #30
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Well, there ya' go! Great post. Thanks Bap.

And on that note, the threads have been merged as this is info that really needs to be in the sticky thread.
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"Great minds discuss ideas. Average minds discuss events. Small minds discuss people." - Eleanor Roosevelt
"It could be that your purpose in life is to serve as a warning to others." -MM4L
"This ain't rocket science people. A little common sense goes a long way." -MM4L
"Ever notice that anyone going slower than you is an idiot, but anyone going faster than you is a maniac?" - George Carlin (RIP 2008)
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