Motorcyclist splitting lanes clipped me yesterday

Tobra · Tobra's Garage

Just had a lane splitting motorcycle clip me on the way home last night. L rear quarter, driver's side door and the mirror are pretty screwed up, got the rear wheel a bit too. I guess he was hauling ass. Heavy, stop and go freeway traffic, so I was not moving fast at all, maybe 5 or 10 mph, looked back and there was a big gap for me to change lanes into, but no bike. Turn signal, look again to get over and pow.

Another driver saw what happened, stopped, offered to be a witness and proceeded to go off on the guy that hit me, yelling at him that he is going to get killed riding like that. I told him to lay off, the guy had just been in a wreck, witness goes on to say he rides, and somebody needs to tell him. Motorcyclist was rather miraculously unhurt. He did not even fall over, came to a stop 2 or 3 car lengths in front of me. He was pretty shook up at first, but settled down pretty fast. We exchange info, I pat him on the shoulder and tell him to be careful out there, and off we went, he gave me a thumbs up when he went by, still splitting lanes. Did not seem to have damaged the bike much either, his foot peg did a number on the side of the car though. I don't think it is so much a bad luck car, as small, low and a bad color to stand out from the road. Maybe a bad luck car I guess, but that guy on the scoot is a lucky SOB for sure.

What are the odds that his insurance company will actually accept liability? Nobody was injured, the CHP does not come out for no injury wrecks with no need for a tow truck, so no police report. I guess we will see.

Noah930 · Noah930's Garage

Glad no one was hurt.

Sorry for your troubles. It will be interesting to see how the insurance companies play this out, but if your witness follows through for you, that will probably be a big factor in a positive ending for you.

Arizona_928 · 08-19-2015, 09:54 AM

You'll need the witness. Hope you have his info.

masraum · 08-19-2015, 09:57 AM

That's the curse of the gray MSM. Glad out want worse for both of you. Hope the insurance stuff works out in your favor.

MRM · 08-19-2015, 10:00 AM

Odds are pretty good that his insurance will pick it up. The location of the damage combined with the witness statement should do the trick. The presumption will be that the car is at fault, but if you explain to the adjuster that you were almost stopped and the location of the damage is consistent with him sideswiping you, they should cover it pretty easily.

I would turn the claim into my insurer and let them fight it out. It won't raise your rates and that's what you have insurance for. Your insurance will pay your claim minus the deductible and will go after the other driver's company for reimbursement. Once they get the money from the other company they'll refund you your deductible.

Evans, Marv · 08-19-2015, 10:32 AM

Glad the guy on the bike wasn't injured, but unfortunate you car was damaged. When I ride, I seldom split lanes. However I live in an area where I don't have to experience traffic like that. With splitting lanes, you really have to keep your speed down or it's just a matter of time until this kind of thing happens. Same goes for cars. It's not the speed necessarily, but the difference in speed between vehicles that is the main danger. Hope you get it sorted out without too much inconvenience. Keep us posted.

sammyg2 · 08-19-2015, 10:50 AM

Totally his fault, but I bet you get screwed in the deal.

Hoping I'm wrong tho.

Tobra · Tobra's Garage

Sam, I am right with you on this one. When I was calling it in, the gal was talking about me having collision coverage and my deductible, and if I wanted to make a claim on his insurance, I could call them. I disabused her of that notion immediately. He was at fault, he has insurance, that is who pays. You talk to his insurance, I do not.

Guy must have been moving along pretty good to be on top of me that quick and to go that far past me before he stopped. I am very attentive about bikes splitting lanes, particularly in that sort of situation, as both my brothers ride. I watch my six closely and drive like that guy should have been riding, looking for the one that is angling to crash into me.

Maybe I need to paint it yellow or orange

craigster59 · craigster59's Garage

I spend a good amount of time in traffic and see lane splitting constantly. I'm very conscious and aware of my surroundings and keep an eye out for MC's. I do however see a lot of bikes blow by me at 35-45 mph while either in stopped traffic or traveling less than 10 mph.

I'll probably get flamed, but I think if you lane split you do so at your own risk and if involved in an accident, fault should immediately be placed on the MC unless proven otherwise.

Deschodt · 12:44 PM

Lane splitting is a pet peeve of mine since I moved back to cali... The theory of it makes sense (and I like bikes, not a hater), but the application is effing dangerous as hell.

Everyday I spend at least 30 min in traffic between 0 and 20 mph. Bikes zoom by at 4x that speed inches from my door. I no longer jump, but it's too close for safety... I don't think they are supposed to drive THAT fast in that small a space. Not to mention they avoid lane marking on the ground so they are eitherin our lane or the other, all of a sudden...

One car that changes lane, they are dead. I've had close calls about my mirror being tagged too, and I try to stick to my lane and leave room. Bottom line is as a car, using your mirrors, there's not way in hell you can look and change lane and be 100% sure a (tiny) bike has not appeared in the meantime due to the speed differential. Car drivers are not wired to look in between lanes 3 times in a row, and not wired to identify such a differential in speed..... They are way too fast in what amounts to as suicide lane.

Just yesterday one one was zooming 2" from my door and decided to let an even faster bike go by (!!!), and therefore stopped splitting and took a "normal" spot in front of me that did not exist, with inches to spare. That's nuts. Cars have to drive defensively to protect those guys.... It's not applied right.

dennis in se pa · dennis in se pa's Garage

That lane splitting is legal some places is beyond my comprehension. I ride, and I would never do that. SO STUPID! SO DANGEROUS!

masraum · 08-19-2015, 01:04 PM

I think I've heard our read that it's legal to lame split in Cali, bit the speed differential between the cars and bikes is only supposed to be 5 our 10 mph or something like that.

Deschodt · 08-19-2015, 01:17 PM

Yeah, it's closer to 20-45 differential every day on 101N. It's suicidal. It's just a matter of time till something real bad happens, and it won't be the car's fault in this scenario. (the rest of the time it generally is the car's fault ;-)

Deschodt · 08-19-2015, 01:43 PM

Quote:

Originally Posted by peteremsley

Who clipped who? Doesn't sound like its obviously in your favor insurance wise if you were changing lanes and didn't see him. Can't say I'm up on CA law though. Perhaps the lane splitter is always at fault?
Glad everyone was ok.

That's the sticky part IMO. I don't think it's reasonable to expect a driver to see a motorcycle doing 4x his speed in a *non-existent* lane in between 2 real lanes. If you are doing 2 mph and want to change lanes, even if you look carefully, a bike splitting at 45 mph will appear out of nowhere.... In theory, maybe (it's not technically legal but it's also not illegal either in Cal). In practice the speed diff is too great for this to be safe, as it's being used every day.

mikester · 08-19-2015, 01:48 PM

If they are driving way fast in between cars that are stopped or going very slow then they could easily be labeled as driving faster than conditions were safe for. Regardless of the legality of splitting or not.

chocolatelab · chocolatelab's Garage

Interested to see how this turns out.

If I am parked on the side of the road and I pull out into traffic and get hit by another car it would be my fault for pulling into on-coming traffic.

I wonder if by that notion by changing lanes you are pulling into traffic and thus its your fault.

I certainly hope in your case its not " technically " your fault.

Socal guy here as well and guys splitting lanes absolutely fly.

In traffic I always try to get in the fast lane and pull way over for the riders I know are going to be barreling down the lane.

MMARSH · MMARSH's Garage

Quote:

Originally Posted by dennis in se pa

That lane splitting is legal some places is beyond my comprehension. I ride, and I would never do that. SO STUPID! SO DANGEROUS!

Beyond your comprehension, so it must be stupid and dangerous...

Well my personal experience is that I've been lane splitting every single working day for over the last ten years. Did it this morning and this afternoon. I occasionally had to lane split the five years before that when I would ride to work or on my own time. During that five year time period, I had one car change lanes into my path. I went around it and kept going.

I personally would not ride a motorcycle in Southern California if we couldn't lane split. Quite frankly, It you lane split REASONABLY it really isn't that dangerous. All the vehicles are going the same direction, the speed differential isn't that great and if traffic is such that it warrants lane splitting, there shouldn't be any space for a car to change lanes into. I know a lot of people who lane split daily, I honestly don't know anyone who has had an incident lane splitting. I will admit that all these people are all well above the average rider in both skill and mindset.

Based on my personal experience, it is beyond my comprehension that someone riding a motorcycle would sit in bumper to bumper traffic when there is a perfectly good space to ride thru. Now that's stupid.

craigster59 · craigster59's Garage

Maybe you know the answer to this Michael, is there a max on how fast you can ride lane splitting vs, speed of traffic?

Deschodt · 08-19-2015, 02:17 PM

You guys above (michael and peter) make your point while describing "normal" lane splitting ("the speed differential is not that great"). In that case I fully agree, it'd be stupid for a bike to sit in traffic... But it's equally stupid for bikes to zoom by at 40-50 mph between cars doing 2mph in a non-existent lane. Simple math/physics which I'm sure as a rider you are fully aware of. My beef is nto with lane splitting but with it's actual application daily - I witness near misses every day and the speed differential is NOT trivial. Theory and application - you guys might be doing right, I could take a video every day of the opposite (but I'm busy driving in my lane ;-)

PS: I think the law is 10 mph over... Ha!!!

dennis in se pa · dennis in se pa's Garage

Quote:

Originally Posted by MMARSH

Beyond your comprehension, so it must be stupid and dangerous...

Well my personal experience is that I've been lane splitting every single working day for over the last ten years. Did it this morning and this afternoon. I occasionally had to lane split the five years before that when I would ride to work or on my own time. During that five year time period, I had one car change lanes into my path. I went around it and kept going.

I personally would not ride a motorcycle in Southern California if we couldn't lane split. Quite frankly, It you lane split REASONABLY it really isn't that dangerous. All the vehicles are going the same direction, the speed differential isn't that great and if traffic is such that it warrants lane splitting, there shouldn't be any space for a car to change lanes into. I know a lot of people who lane split daily, I honestly don't know anyone who has had an incident lane splitting. I will admit that all these people are all well above the average rider in both skill and mindset.

Based on my personal experience, it is beyond my comprehension that someone riding a motorcycle would sit in bumper to bumper traffic when there is a perfectly good space to ride thru. Now that's stupid.

I wish you continued good luck.