Lane splitting/filtering: the legal and commonsense answers

[Phantom Limb]

Either way I think that if you're between the traffic, you are going to get ruled against in an insurance claim situation, just make sure you have a decent policy
It is too easy for them to say that you were on the wrong side of the line, it's also too hard for you to prove otherwise.

One thing that has been doing wonders for me with regard to lane changers that don't indicate (which is every second vehicle), is that I watch the front wheels of the cars as I'm splitting. Not the indicators, not the wing mirrors, but the front wheels. They are the first component to show the body language of the driver and I can now judge quite well when a car is going to make a lane change. Try it out, it takes some practice but it really does work well. Just look for the 'waggle' and you'll know that that bugger is planning to jump.

[oneofsix]

Not to beat a dead horse here, but I have a question, and I know how uptight people get when you make new threads about this, so..

Situation: You're lane splitting and a car ahead changes lanes suddenly, they don't indicate for three seconds, and knock you off. I'd assume, legally, so long as you're overtaking vehicles within their lane on their right, you're in the clear?

If you're overtaking vehicles on their left I'd assume you're also in the clear if you get hit, and they didn't sufficiently indicate?

And finally, I'd asume that where this buck stops is that if they were indicating for three seconds and knocked you off, then you're in the wrong, and also an idiot.

Don't assume you ever have the right when lane splitting.
I was caught in a similar situation with one, maybe, important difference. Lane splitting, a gap opens in the left lane, indicate and move into it at the same time a car suddenly moves from the right to the left without indicating. Guy in car behind in the left lane gave over his card as a witness. Went to insurance, no police involvement, the car that changed lanes insurance covered bike repairs and gear replacement and here I was expecting to have to cover him. As I see it the difference was down to who was indicating in that one single example and perhaps the attitudes of the witness and insurance companies which can not be relied on nor confirmed beyond speculation.

[Jantar]

...Situation: You're lane splitting and a car ahead changes lanes suddenly, they don't indicate for three seconds, and knock you off. I'd assume, legally, so long as you're overtaking vehicles within their lane on their right, you're in the clear?

An interesting one: If the car is ahead of you then they can't knock you off unless you run into them. So in this csae you are in the wrong for following too close. Failing to indicate a lane change didn't cause the accident, but may have contributed. If you were already in the clear space that they then moved into then you are not at fault and the other vehicle would be held to blame.

If you're overtaking vehicles on their left I'd assume you're also in the clear if you get hit, and they didn't sufficiently indicate?

This one is clear cut. You are in the wrong for overtaking on the left. End of story.

And finally, I'd asume that where this buck stops is that if they were indicating for three seconds and knocked you off, then you're in the wrong, and also an idiot.

Correct.

[Fatjim]

If you are on the right, you are right. When the driver changes lanes, he HAS TO MAKE SURE IT IS SAFE. If you are on his right he is wrong. the only exception might be if you were doing something outside the road rules, like speeding.

If you are on the left you are wrong, unless you are in a different lane, or if in the same lane he is overtaking you or has just over taken you. Otherwise you have no legal reason to be on his left.

These rules apply to lane splitting as well as other situations. This isn't complicated.

Rule one, when you make a maneuver, you are legally required to make sure it is safe.

[mylodon]

who can tell how long three seconds is, just before you got knocked off a bike?

[Berries]

Doesn't matter. If you have seen them indicate you have seen them indicate, one flash is all you need. If you are indicating assume they haven't seen it. Failing that, just count to twelve, divide by four and go faster.

[st00ji]

legalities aside i would expect most 'official' parties involved in such disputes to take a fairly dim view of a lane splitting biker claiming he was in the right. you can probably expect to have to fight not to be blamed.

splitting seems to be tolerated at best by most other road users, from my questioning of people in my life who dont ride its mainly down to a bit of jealousy i think - though disguised with various illogical 'reasoning' - but it seems to be the common attitude that its a bit dodgy / grey area.

people who cut in and out of traffic / do their best to go as fast as possible regardless of perceptions of other road users probably dont help either.

[FJRider]

This one is clear cut. You are in the wrong for overtaking on the left. End of story.

As long as you are not in the same lane (Where two or more lanes in the same direction are marked) as the vehicle you are overtaking ... it is permitted to overtake on the left of another vehicle.

And as you are allowed to overtake another vehicle without crossing the centerline .... if it is safe to do so.

[Jantar]

Read that post again Trev. He is describing overtaking on the left in the same lane.

[FJRider]

Either way I think that if you're between the traffic, you are going to get ruled against in an insurance claim situation, just make sure you have a decent policy

It usually matters little in such cases of traffic infringement type accidents. Unless actually specified in the policy ... few insurance companies would refuse a claim in such an event. But it does pay to check the wording of any policy BEFORE you sign it.

[FJRider]

Read that post again Trev. He is describing overtaking on the left in the same lane.

My apologies ...

[James Deuce]

I've made a bit of a study of the potential benefits of filtering and lane-splitting since I've started riding again and have come to the conclusion that the big time-saving advantages come from filtering and lane-splitting is the refuge of the angry people who think that a tenth of a second is a long time in the scheme of things.

I keep getting overtaken by people lane splitting, only for me to filter up behind them at the next set of lights. I have no objection to lane-splitting, however I think it may be an unnecessary risk. If you then find yourself in front of me on a smaller capacity motorcycle I will quickly exceed any advantage you may have gained by lane-splitting as I leave you apparently standing once the lights turn green, without ever exceeding 4000rpm. Such is the smug arrogance of big-bore air-cooled torque.

[FJRider]

Such is the smug arrogance of big-bore air-cooled torque.

And it really pisses them off ... and I often go to the trouble to demonstrate it to a few cage pilots too ...

[Ocean1]

And finally, I'd asume that where this buck stops is that if they were indicating for three seconds and knocked you off, then you're in the wrong, and also an idiot.

The last thing on your mind when you're lying on the road bleeding will be who's fault it is legally. Who's fault it is physically is clearer: you're the one who gave someone else a shot at fucking up your day.

One thing that has been doing wonders for me with regard to lane changers that don't indicate (which is every second vehicle), is that I watch the front wheels of the cars as I'm splitting. Not the indicators, not the wing mirrors, but the front wheels. They are the first component to show the body language of the driver and I can now judge quite well when a car is going to make a lane change. Try it out, it takes some practice but it really does work well. Just look for the 'waggle' and you'll know that that bugger is planning to jump.

Watch the head too, even non-indicating drivers turn their head right at least a small amount before steering that way.

[FJRider]

The last thing on your mind when you're lying on the road bleeding will be who's fault it is legally. Who's fault it is physically is clearer: you're the one who gave someone else a shot at fucking up your day.

Been there ... done that ... I hate the sight of blood (especially my own)

Some judges/cops take a dim view of lane splitting too. Both/all parties may get the chance to explain their actions ... in court.

Watch the head too, even non-indicating drivers turn their head right at least a small amount before steering that way.

Sometimes ...



Sometimes nothing ....