When motorcyclists are driving between two lanes of cars, they are engaged in lane-splitting. Also called white lining, this practice often occurs when traffic is heavy and congested. However, it is illegal under Nevada law. If you're driving a car and suffer a personal injury as a result of a cyclist executing this maneuver, here's what you should know.
What Should You Do if You're in an Accident?
Do not leave the scene if you do not need immediate medical attention. Call 911, and check whether the motorcyclist and any passengers need help. If you can, take photos or videos of the scene, all vehicle damage, and any personal injury, including yours.
Ask all drivers involved for their driver's license, insurance, and contact information. Request witness names, addresses, and statements. When asked, give a simple description of what happened. Do not say anything to imply you were at fault in the collision or answer unnecessary questions until you speak to an attorney.
Wait for the police to allow you to leave the scene, then go to an emergency room or see a doctor for a thorough medical exam. Getting a physician to look at you protects your health and creates a record for a personal injury claim.
How Is Fault Determined in These Cases?
Nevada's law makes lane splitting illegal, which means a cycle driver who was white lining at the time of the collision might be at fault. Showing the motorcyclist violated traffic laws or was negligent in other ways that contributed to your personal injury will bolster your claim. For example, witnesses who can testify the cyclist was weaving in and out of lanes, driving too fast for conditions or too aggressively, ignoring signals, or speeding help strengthen injured auto drivers' claims.
In addition to proving fault, you will also need to demonstrate how you were affected by the cyclist's actions. For example, detailed medical records and income loss can show how the accident impacted your day-to-day life. You should also consider keeping a journal documenting your recovery.
Before you file a claim for personal injury expenses, turn to Kidwell & Gallagher. These personal injury attorneys have over 20 years of experience pursuing injury claims successfully. From their law offices in Elko, they serve clients throughout Nevada. For client testimonials about the representation they have received, visit the firm's website. To schedule your free consultation with an effective and compassionate attorney, call (775) 738-1000.