California Accident Attorneys Blog
A recent case in Santa Clara County in which a plaintiff motorcyclist sued a motor vehicle driver for negligence in a motorcycle and car accident case resulted in a verdict of nearly $1.2 million for the plaintiff. The defendant driver had claimed the motorcyclist was negligent and thus at least partly liable for the accident.
Case background
The plaintiff in the case was traveling along Highway 101 in the first lane of traffic on his motorcycle directly behind the defendant driver at 9:00 a.m. on a Monday morning. The defendant reportedly was distracted by another vehicle’s custom license plate and failed to notice that traffic had slowed in front of him. When he did notice, he slammed on his brakes in order to avoid hitting the vehicle in front of him, causing his car to fishtail and enter the second lane of traffic.
“Lane-splitting” occurs when a motorcyclist between lanes of slow-moving or stopped traffic. This practice is against the law in 49 states and the District of Columbia, and California is the only state in the country that does not have a law specifically outlawing lane-splitting. California also does not have a law specifically stating that lane-splitting is legal and, therefore, many motorists become angry when motorcyclists engage in this behavior. Though lane-splitting can be distracting to motorists and can lead to accidents and injuries, the practice can be safe when done in a prudent and safe manner. If a motorcyclist fails to be careful or reasonable when lane-splitting and a collision occurs, any injured