In California, it is legal to lane split. You have stated that he was moving %26quot;much faster%26quot; than the speed of traffic. This is a judgment call. If traffic is bumper to bumper and moving 10mph, and he is zipping along at 50mph between lanes, he would be driving recklessly (and would also be insane), therefore partially at fault. But you have the obligation to make sure you are clear before changing lanes, so you will probably also be found at fault. Now, if you had a third party witness that would attest to the fact he was driving so fast that he literally %26quot;came out of nowhere,%26quot; you might be able to absolve yourself of liability. Otherwise... the guy was lane splitting and going faster than traffic.... so what. that's legal. The purpose of lane splitting is to go faster than the speed of traffic. When you say %26quot;much faster,%26quot; you gotta prove it. And even then, he's driving fast. He's not invisible. Even if someone is driving recklessly, it doesn't mean it's legal to pull in front of them.
I am assuming he hit the side of your car. If he hit your back bumper, he may be found totally at fault.In california, if a car is hit by a motorcycle who is lane splitting while changing lanes, who is at fault?It is not legal to lane split. It is also not illegal. It is soley up to the police officers discretion. If you are on a motorcylce and a car makes a legal lane change and hits the motorcycle, it is 100% the motorcycles fault.
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In california, if a car is hit by a motorcycle who is lane splitting while changing lanes, who is at fault?if the motorcycle was driving in between lanes and gets hit by a car its the cars fault. If a car was changing lanes and hits the motorcycle while he was driving in between lanes it's the cars fault. I love california.Did the motorcycle rear-end you or fender-bend you? Meaning hitting your back or side? If rear-ending it's always going to be the biker's fault, for speeding and not keeping a safety distance. If fender-bending then it depends. At the moment of impact if all four of your wheels are already inside the lanes then it will be the bike's fault; otherwise, it will be your fault for not paying attention to the traffic while changing lanes.....dunno about cali, but here in fl it is the cars fault. law reads that the car changing lanes has the responsibility to verify no oncoming traffic (same or opposite direction of travel) before the lane change can be completed.friend was turning into my house. car behind her. truck and trailer behind car. she had her turn signal on and slowed down to make a LH turn. truck passes both and nails her in the rear axle. friend got the ticket for failure to yeild while turning, even though she had her turn signal on and was doing everything legally!!!Depends on the situation and the cop.
Lane sharing (splitting) is not specifically listed as being illegal in California, just discouraged. The laws used to read %26quot;not more than 10 mph than surrounding traffic not to exceed the speed limit%26quot; but that has since been removed. Now it just reads %26quot;Lane splitting by motorcycles is permissible under California law but must done in a safe and prudent manner.%26quot; That's off of the CHPs website. (http://www.chp.ca.gov/html/answers.html)lane splitting is illegal in most states but the car driver is suppose to have his vehicle under control at all times so the car is at fault.If the motorcycle rear-ended the car, then the motorcyclist will probably be found to be at fault.
Here in California, the person doing the rear-ending is usually found to be at fault.This doesn't take a rocket scientist since the motorcyle is doing something illegal! That makes it the motorcyles fault!
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