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Contact the Law Offices of James Scott Farrin 1-866-900-7078

Is Lane Splitting Dangerous?

A new California bill that defines and regulates lane splitting in the state has prompted other states, including North Carolina, to consider renewing attention to this debate.

Lane splitting – aka lane sharing or white-lining – is when a motorcyclist or scooter cuts between lanes of slower-moving traffic, or pulls in front of stopped traffic at a red light.

It is currently illegal to split lanes in North Carolina and in every other state except California. If you have ever driven on the Hollywood Freeway in Los Angeles or the Oakland Bridge in San Francisco, you can at least understand why California allows lane splitting. Nothing moves because these and many other California roadways are often idling bumper to bumper. Sitting on a hot bike in bumper-to-bumper traffic can be a miserable experience.

Lane splitting is deemed by some to be safe, if done by experienced and safety-minded motorcyclists. Others disagree, insisting that there is too much potential for catastrophe.

When Andy W. was in a motorcycle wreck he learned the hard way that the insurance company was not on his side. Click here to read what led Andy to us, and to a settlement* he was very happy with.

Pros and Cons of Lane Splitting

A 2015 study by the University of California Berkeley found that the risks of lane splitting can be somewhat mitigated under certain circumstances. For example, the study found that splitting is safest at 50 mph and under and also if motorcyclists traveled at a speed difference no greater than 15 mph than surrounding traffic.

Advocates point out that lane-splitting can help prevent motorcycles from becoming a stationary target in the event of an accident, particularly rear end accidents. California does have slightly fewer fatalities from rear-end collisions per registered motorcycle than other states, although there is no research to support why.

Some say lane splitting can be good for drivers, too, because it can help to reduce traffic congestion and carbon emissions from idling in traffic.

Opponents, on the other hand, make some worthwhile points about the potential dangers inherent in this practice – most of these dangers originating from other drivers.

  • Unexpected doors opening
  • Sudden lane changes from other vehicles
  • Vision impairment around large trucks
  • Collisions with turning vehicles
  • Too high of speed differentials when splitting lanes.

There’s one caveat to the Berkeley study that opponents emphasize. It found that of the motorcyclists involved in nearly 6,000 collisions in California, 17% had been lane splitting.

Consequences of Lane Splitting in North Carolina

The motorcycle accident rate nationally is significant when compared to cars — motorcyclists are 29 times more likely to be killed in a wreck, according to the National Highway Traffic Safety Administration (NHTSA). Still, the California bill, in combination with the potential benefits of easing traffic congestion, has made lawmakers in other states, including ours, open to considering this practice.

One of the primary challenges of legalizing lane splitting in North Carolina is that drivers may not be prepared for the change. This could lead to an upsurge of motorcycle accidents, which could result in even more injuries and fatalities – at least initially.

There are legitimate arguments for and against this practice. On a personal note, about the only time I could see myself even considering lane splitting would be if traffic were at a complete standstill. Regardless of where you fall in this discussion, I hope you have safe and enjoyable ride!

What are your thoughts about lane splitting? Tell us on Facebook.

Get a Free Consultation From North Carolina Motorcycle Injury Lawyers

If you or someone you know has been injured in a motorcycle accident of any kind, contact the Law Offices of James Scott Farrin or call 1-866-900-7078 for a free and confidential case evaluation.

 

* Each case is unique and must be evaluated on its own merits. Prior results do not guarantee a similar outcome.

One Key Question Can Make or Break Your Worker’s Comp Claim

While no two workers’ compensation cases are alike, all of them have one thing in common. When you make a claim for workers’ compensation benefits, the workers’ compensation insurance adjuster will likely ask you to give a recorded statement, whereby the adjuster will ask questions and you will answer them.

This blog addresses a critical question you will probably be asked:

“Were you doing your usual work routine when this happened?”

How to Answer Adjuster’s Questions

When you sustain a work-related injury, it is important that you provide a detailed explanation as to how your injury occurred. Leaving out relevant factors could result in denial of your claim even if your employer or the workers’ compensation carrier authorizes you to receive medical treatment and compensation payments.

The North Carolina Workers’ Compensation Act allows your employer and the workers’ compensation carrier to make these payments from up to 90 days after receiving notice of your injury.

The more serious your injury is or becomes, the greater the likelihood the employer, and/or the workers’ compensation carrier, may potentially deny your claim if you have left out relevant factual information in a written accident report and/or a recorded statement.

What Is Considered “Usual” or “Unusual”?

If you have sustained an injury to a body part other than your back as a result of a specific incident at work, the injury must be the result of an unusual set of circumstances for you to obtain coverage. If the injury is the result of a routine activity that you usually do at work, it may not be covered. For example, an auto repairman may routinely get down on one knee to change a tire. If, on a particular occasion, he kneels in the same manner as he routinely does and sustains a meniscus tear to his knee, the injury will probably not be covered.

Insurance companies are for-profit businesses. And some may look for any reason to try to deny some claims. Leaving out factors that show that the circumstances resulting in your injury were unusual at the time of the injury may result in an initial denial of your claim or a denial within 90 days of the notice of your claim.

Typically, even after an injured employee may have been authorized to receive medical treatment for a work related injury and/or received compensation payments, the workers’ compensation adjuster will request that you participate in a recorded statement. The adjuster knows that if they are able to get the injured employee to agree that the injury was the result of how the employee usually performed the activity, then the adjuster can legally deny the claim.

Adjusters sometimes ask fair open ended questions such as, “What, if anything, unusual occurred that resulted in your injury?” It is important when asked this question that you describe all possible unusual factors that may have resulted in your injury.

On the other hand, we have seen some adjusters set out to trap the injured employee. For example they might ask a leading question such as, “Isn’t it true that you were doing your usual job routine when you were injured?” Be truthful, but careful in how you answer this question. They may ask it several times and in several different forms during the recoded statement. Again, it is important when asked this question that you describe all possible unusual factors that may have resulted in your injury.

We believe it is safer that an injured employee secure counsel for advice before going on record with an adjuster. A lot is at stake. Every word you use or do not use to describe a work related injury can determine the outcome of whether your claim is ultimately accepted or denied.

If your claim is denied because you left out relevant facts in a written accident report or in a recorded statement, we urge you to seek legal counsel. Here at James Scott Farrin, we have successfully* helped thousands of injured employees.

Get a FREE Evaluation From an NC Workers' Compensation Lawyer

Sadly, your workers’ comp insurance company may have their own financial interests in mind instead of helping you heal and get back on your feet.

With experienced workers’ comp attorneys who deal with these issues every day, including six North Carolina Board Certified specialists in workers’ compensation law, we do have your best interests in mind. Before you proceed with a recorded statement, contact us or call us at 1-866-900-7078.

*Each case is unique and must be evaluated on its own merits. Prior results do not guarantee a similar outcome.

Contact Information

Raleigh Law Office

4325 Lake Boone Trail, Suite 100
Raleigh, NC 27607
Phone: 919-834-1184
Toll Free: 1-866-900-7078

Durham Law Office

280 South Mangum Street, Suite 400
Durham, NC 27701
Phone: 919-688-4991
Fax: 800-716-7881

Fayetteville Law Office

517 Owen Drive
Fayetteville, NC 28304
Phone: 910-488-0611
Toll Free: 1-866-900-7078

Charlotte Law Office

1001 Morehead Square Drive, Suite 350
Charlotte, NC 28203
Phone: 704-599-1078
Toll Free: 1-866-900-7078

New Bern Law Office

1505 South Glenburnie Rd, Unit P
New Bern, NC 28562
Phone: 252-634-9010
Toll Free: 1-866-780-3422

Greenville Law Office

702 G Cromwell Dr.
Greenville, NC 27858
Phone: 252-355-5205
Toll Free: 1-866-780-3227

Greensboro Law Office

300 N. Greene Street, Suite 850
Greensboro, North Carolina 27401
Phone: 336-665-7072
Toll Free: 1-866-900-7078

Goldsboro Law Office

214 South William Street, Suite 3
Goldsboro, NC 27530
Phone: (919)-731-2581
Toll Free: 1-866-900-7078

Henderson Law Office

514 Dabney Drive, Suite 200
Henderson, NC 27536
Phone: 252-492-4600
Toll Free: 1-866-900-7078

Roanoke Rapids Law Office

709 Julian R. Allsbrook Highway
Roanoke Rapids, NC 27870
Phone: 252-537-9670
Toll Free: 1-866-900-7078

Rocky Mount Law Office

3202 Sunset Avenue, Suite B
Rocky Mount, NC 27804
Phone: 252-937-4730
Toll Free: 1-866-900-7078

Sanford Law Office

703-B South Horner Boulevard
Sanford, NC 27330
Phone: 919-775-1564
Toll Free: 1-866-900-7078

Wilson Law Office

2315 Airport Blvd Suite A
Wilson, North Carolina 27896
Phone: 252-246-9090
Toll Free: 1-866-900-7078

Winston-Salem Law Office

301 N. Main Street, Suite 2409-C
Winston-Salem, NC 27101
Toll Free: 1-866-900-7078