An Atlanta lane splitting accident lawyer can provide knowledgeable legal support when a crash involves a motorcyclist riding between lanes of traffic. On congested highways like I-75, I-85, and the Downtown Connector, riders often encounter slow or stopped vehicles, making it tempting to move between lanes. This maneuver, known as lane splitting, is not allowed under Georgia law and can lead to complex legal challenges if an accident occurs.
Insurance companies often attempt to place full responsibility on the motorcyclist for violating traffic laws, which may lead riders to believe they have no legal recourse. However, these cases are rarely that simple. Even if a rider violated a traffic law, other drivers are still required to drive safely and stay aware of nearby vehicles.
If you were injured in a collision involving lane splitting, it is important to understand how Georgia law may apply to your case. A knowledgeable Atlanta motorcycle accident lawyer at Hasner Law can assess the specific circumstances of the crash and advocate for your right to seek compensation.
Call Hasner Law today at 678-888-HURT (4878) for a free and confidential case evaluation.
Atlanta Lane Splitting Accident Guide
- How Our Atlanta Lane Splitting Accident Attorneys Can Help
- Is Lane Splitting Legal in Georgia? Understanding the Law
- Georgia Motorcycle Laws Overview: What Every Rider Should Know
- How Comparative Negligence Applies to Lane Splitting Accidents in Atlanta
- Injuries Often Seen in Lane Splitting Motorcycle Accidents
- Steps to Take After a Lane Splitting Accident in Atlanta
- You Need a Strong Advocate for a Complex Motorcycle Claim
How Our Atlanta Lane Splitting Accident Attorneys Can Help
Lane splitting accidents often involve complex legal issues that can make the claims process difficult for injured motorcyclists. Insurance companies are quick to deny these claims based on Georgia’s prohibition against lane splitting. At Hasner Law, we approach each case with a focused strategy designed to uncover all contributing factors and hold negligent drivers accountable.
Why Insurance Companies Deny Lane Splitting Accident Claims
When a police report indicates that a rider was lane splitting, insurers often deny the claim without considering other circumstances. Their argument is that, because lane splitting is illegal in Georgia, the motorcyclist is entirely at fault. This view ignores the fact that all drivers must still exercise reasonable care, even when another party may have violated a traffic law.
We present a detailed analysis of the crash that reflects all contributing factors, not just lane splitting.
Proving the Other Driver Was Also Negligent
An Atlanta lane splitting accident lawyer at Hasner Law will investigate whether the other driver contributed to the crash through careless behavior. We examine whether the driver:
- Changed lanes without signaling
- Was distracted by a phone or other device
- Failed to check mirrors or blind spots before merging
These actions may have played a major role in causing the collision, regardless of whether the rider was lane splitting.
Collecting Evidence to Strengthen Your Claim
To support your case, we move quickly to gather physical and digital evidence. This may include dashcam footage, traffic camera recordings from the City of Atlanta, and surveillance video from nearby businesses. We may also consult accident reconstruction specialists to analyze vehicle speed, impact angles, and braking distances.
This evidence helps demonstrate how the crash occurred and shows that the driver’s actions, not just the presence of lane splitting, created the dangerous situation.
Handling All Communication with the Insurance Company
Our attorneys handle all communication with the insurer to reduce your stress and protect your claim. Insurers often focus on the illegal nature of lane splitting while ignoring the actions of their own policyholder. We present the full context of the crash and advocate for a fair assessment of liability.
Using Georgia’s Comparative Fault Rule to Your Advantage
Georgia follows a modified comparative fault system. If you are found to be less than 50 percent responsible for the accident, you may still recover compensation. Your total recovery is reduced by your percentage of fault.
For example, if a driver made an unsafe lane change while you were lane splitting, and a jury assigns 30 percent of the fault to you and 70 percent to the driver, you would still be eligible to recover 70 percent of your damages. We focus on demonstrating that the other driver’s actions played a significant role in the crash, which helps protect your ability to pursue compensation.
Is Lane Splitting Legal in Georgia? Understanding the Law
A frequent question in motorcycle cases is whether lane splitting is permitted in Georgia. The law is clear: lane splitting is illegal.
Riders relocating to Atlanta from states where lane splitting is permitted are often caught off guard by this restriction. Understanding the specific law that regulates this maneuver is essential for staying compliant and safe on Georgia roads.
The applicable law is set forth in the Official Code of Georgia Annotated O.C.G.A. § 40-6-312(c), which prohibits a motorcyclist from overtaking and passing another vehicle within the same lane that the vehicle already occupies. This language clearly bars riders from passing another vehicle without changing lanes.
The law also explicitly prohibits operating a motorcycle between lanes of traffic or between rows of vehicles. This is the key language that makes lane splitting and lane filtering illegal in Georgia. As a result, a rider cannot legally move between cars to reach the front of a line at a red light on Peachtree Road, nor can they ride along the lane divider on I-285 to bypass traffic.
Because this practice is clearly prohibited, any motorcyclist who engages in it is violating traffic safety laws. This has significant legal implications, particularly in the context of a personal injury claim. An insurance company is likely to use the violation as a primary defense to limit or deny liability.
Georgia Motorcycle Laws Overview: What Every Rider Should Know
Beyond lane splitting, all motorcyclists in Georgia must adhere to a set of laws designed to promote safety. Insurance companies will scrutinize your every action after a crash, so knowing these rules is crucial for protecting your legal rights.
Georgia’s Universal Helmet Law
Georgia has one of the strictest helmet laws in the nation. Under O.C.G.A. § 40-6-315, every person operating or riding on a motorcycle must wear a DOT-compliant helmet. There are no age or experience exceptions.
Eye Protection and Headlight Requirements
The law also requires riders to use some form of eye protection, such as goggles or a face shield, unless the motorcycle is equipped with a windshield. Additionally, motorcycles are required to have their headlights on at all times when they are in operation, even during broad daylight, to increase visibility to other drivers.
Proper Lane Usage
Georgia law grants motorcyclists the full use of a traffic lane. Two motorcycles may not ride side-by-side in a single lane, but a motorcyclist is not required to stay to one side of the lane to allow cars to pass. Understanding these basic operating rules is essential.
For a complete guide, every rider should review the Georgia Motorcycle Operator’s Manual provided by the Department of Driver Services.
How Comparative Negligence Applies to Lane Splitting Accidents in Atlanta
If you were injured in a motorcycle accident while lane splitting, your case will likely focus on Georgia’s modified comparative negligence law. Insurance companies often claim that a motorcyclist who was lane splitting is entirely at fault because the practice is not allowed under Georgia law. However, this does not automatically prevent you from pursuing a personal injury claim.
Under O.C.G.A. § 51-12-33, an injured person can still recover compensation if they are found to be less than 50 percent responsible for the crash. The total amount awarded is reduced based on the percentage of fault.
For instance, if a jury finds that your lane splitting contributed 20 percent to the cause of the accident and the other driver’s actions, such as texting while driving or improper lane changes, accounted for 80 percent, you may still receive 80 percent of your total damages.
If the court finds that you were 50 percent or more at fault, you would not be eligible for any compensation under Georgia law. Establishing the other driver’s role in causing the accident is an important part of the claims process.
An experienced Atlanta lane splitting accident lawyer can review the facts of your case, identify all contributing factors, and present evidence showing that the other driver’s conduct was the main cause of the crash. Whether the incident happened on I-20, I-75, I-285, or a city road like Peachtree Street, your attorney can work to demonstrate liability and support your claim for medical expenses, lost income, and other damages.
If you were involved in a lane splitting motorcycle accident in the Atlanta area, consider speaking with a lawyer who has experience with Georgia traffic laws and personal injury claims involving comparative fault.
Injuries Often Seen in Lane Splitting Motorcycle Accidents
Lane splitting accidents often lead to serious injuries because of the way these collisions happen. When a car suddenly shifts into a motorcyclist’s lane, the rider can be forced sideways into another vehicle or thrown onto the roadway. Crashes like these often involve several points of impact, making serious injuries more likely.
Common injuries that our attorneys frequently see in Atlanta lane splitting accident cases include:
- Leg Fractures and Crush Injuries: When a vehicle moves sideways into a motorcycle, the rider’s leg is often the first area to be struck. The leg can become trapped between the car and the motorcycle, leading to fractures of the tibia, fibula, or femur. In some cases, the injury involves significant crushing, which may require surgery or even long-term disability care.
- Road Rash and Deep Abrasions: Being thrown from a motorcycle at speed often causes road rash when the rider’s skin slides across asphalt. These injuries are more than surface scrapes. They can destroy layers of tissue and, in severe cases, may require skin grafting and months of follow-up care.
- Shoulder and Wrist Trauma: Many riders instinctively reach out with their arms during a fall. This often results in dislocated shoulders, torn rotator cuffs, or fractured wrists. These injuries can severely affect mobility and may take months to recover with physical therapy or surgical repair.
- Head and Spinal Injuries: Even with a helmet, riders are at risk of suffering a concussion or more serious traumatic brain injury. Sudden impact or twisting during the fall can also lead to herniated discs or spinal cord damage, which may result in lasting complications.
Comprehensive medical documentation strengthens your personal injury claim. An experienced Atlanta lane splitting accident lawyer will work closely with your medical providers to collect treatment records, diagnostic imaging, and expert evaluations. This evidence helps show the full scope of your injuries and supports your claim for compensation.
If you were hurt in a lane splitting accident anywhere in the Atlanta area, legal guidance can make a major difference in recovering damages for your medical bills, lost income, and long-term care needs.
Steps to Take After a Lane Splitting Accident in Atlanta
Once you’re home and safe following a motorcycle accident, there are still important steps to take. What you do in the hours and days after the crash can make a big difference in your physical recovery and the outcome of your personal injury claim.
1. Get a Full Medical Evaluation
Even if you were treated at the scene or visited an emergency room, follow up with your regular doctor or a specialist. Some injuries, including concussions, soft tissue damage, or internal trauma, may not be obvious right away. Keep all medical records, prescriptions, and receipts in one place. These documents will help show the nature and cost of your injuries.
2. Gather and Organize Documentation
Now is the time to collect and back up any photos or videos you took at the scene. Save images that show your motorcycle damage, the location of the crash, and any visible injuries. If you haven’t already, write down everything you remember about the accident while the details are still fresh. Note the time, location, traffic conditions, and what the other driver said or did.
3. Identify Witnesses and Get Contact Info
If anyone witnessed the crash and you have their name or phone number, make sure you save that information. Witness statements can help clarify what happened, especially if there are disputes about who caused the accident.
4. Avoid Contact with Insurance Adjusters
You may receive calls from the other driver’s insurance company asking for a recorded statement. Do not agree to speak with them until you’ve spoken with a lawyer. Insurance companies often look for ways to reduce or deny your claim, and your words can be used against you.
5. Speak with an Atlanta Lane Splitting Accident Lawyer
An attorney who handles motorcycle accident claims in the Atlanta area can review your case, explain your rights under Georgia law, and deal directly with the insurance companies. Your lawyer can also help gather medical records, accident reports, and expert opinions to support your claim for compensation.
If you were involved in a lane splitting crash in Atlanta, taking these steps after returning home can help you protect both your health and your legal rights. Contacting a knowledgeable Atlanta lane splitting accident lawyer is a smart next step toward moving forward with your recovery.
You Need a Strong Advocate for a Complex Motorcycle Claim
Suffering injuries in a motorcycle accident is a serious matter, and when the case involves lane splitting, the legal issues can quickly become more complicated. Insurance companies often rely on the fact that lane splitting is not allowed under Georgia law and may attempt to use that alone to deny responsibility for the crash. However, their position does not determine the outcome of your case.
At Hasner Law, we have a deep understanding of the legal challenges involved in these types of claims and the strategies insurers use to avoid liability. Our team is committed to conducting a thorough investigation, carefully analyzing the evidence, and building a strong case that identifies all contributing factors, not just the lane splitting itself. We focus on holding all negligent parties accountable and work to present a clear, fact-based argument on your behalf.
If you were injured in a lane splitting accident in the Atlanta area, it’s important to speak with an attorney who is familiar with how Georgia’s traffic laws and comparative fault rules apply to motorcycle cases.
Call our Atlanta office today at 678-888-HURT (4878) to schedule a free consultation with an Atlanta personal injury lawyer and learn how we may be able to help you move forward with your claim.
Hasner Law: Atlanta Injury & Workers’ Compensation Attorneys
2839 Paces Ferry Rd SE #1050
Atlanta, GA 30339
Ph: (678) 888-4878
