Lane Splitting and Liability in Urban Motorcycle Collisions
Lane splitting, the practice of a motorcyclist riding between lanes of traffic, is a topic of significant legal and safety concern in Kansas. While some states have legalized lane splitting under specific conditions, Kansas maintains a strict prohibition against this maneuver.
Recognizing these restrictions is essential for motorcyclists riding on Kansas roads. Violations can lead to significant legal consequences, and more importantly, pose serious safety risks for both riders and other drivers.
Understanding the safety implications and liability issues surrounding lane splitting in Kansas is crucial for both motorcyclists and other road users. At Townsend Law LLC in Overland Park, Kansas, we’re dedicated to helping you after an accident. Here, we’ll discuss how lane splitting contributes to liability in a motorcycle collision.
Legal Structures Governing Lane Splitting in Kansas
Kansas law explicitly prohibits lane splitting. According to K.S.A. 8-1595, motorcyclists aren’t permitted to operate their vehicles between lanes of traffic or between adjacent lines or rows of vehicles.
This statute aims to confirm that motorcyclists have full use of a lane and aren’t deprived of it by other vehicles. The law also prohibits motorcycles from overtaking and passing in the same lane occupied by the vehicle being overtaken, further emphasizing the state's stance against lane splitting.
This prohibition extends to lane filtering, where a motorcyclist rides between rows of stopped or slow-moving vehicles, typically at traffic lights. Despite arguments suggesting lane filtering could reduce rear-end collisions by keeping motorcyclists visible, Kansas law doesn’t differentiate between lane splitting and lane filtering; both are illegal.
Safety Considerations and Risks
While proponents of lane splitting argue that it can alleviate traffic congestion and reduce the risk of rear-end collisions, these benefits must be weighed against significant safety concerns.
Increased risk of collisions: Lane splitting exposes motorcyclists to a higher risk of collisions with other vehicles. Drivers may not expect a motorcycle to be passing between lanes, leading to sudden lane changes, sideswipes, or merging accidents.
Limited visibility: Motorcycles can be difficult for drivers to see, especially in heavy traffic or when surrounded by larger vehicles. Lane splitting reduces the visibility of the motorcyclist to other drivers, increasing the likelihood of motorcycle collision accidents.
Door zone danger: In urban areas, parked cars may open their doors unexpectedly, creating a hazard for motorcyclists passing between lanes. This can lead to a motorcycle collision known as "dooring accidents".
Uneven road surfaces: Roads often have uneven surfaces, potholes, or debris between lanes. Lane splitting at high speeds can increase the risk of losing control of the motorcycle and crashing due to encountering these hazards.
Reduced reaction time: Lane splitting requires quick reactions and split-second decision-making by the motorcyclist. Sudden movements by other vehicles or unexpected road conditions may leave little time to avoid a motorcycle collision.
Given these safety risks and considerations, the prohibition of lane splitting in Kansas reflects a prioritization of accident prevention and traffic safety.
Liability and Legal Implications in Kansas
In Kansas, the legal consequences of engaging in lane splitting are significant. Motorcyclists caught lane splitting can face traffic citations, fines, and potentially increased liability in the event of an accident.
Traffic Citations and Fines
While specific fines for lane splitting aren’t detailed in the available statutes, engaging in this illegal maneuver can lead to traffic citations. These citations may carry fines and could impact the motorcyclist's driving record and insurance premiums.
Comparative Negligence in Accidents
Kansas follows a modified comparative negligence rule in personal injury cases. This means that if a motorcyclist is found to be partially at fault for an accident, such as by lane splitting, their compensation may be reduced in proportion to their degree of fault. If the motorcyclist is found to be 50% or more at fault, they may be barred from recovering any damages.
Insurance Implications
Insurance companies may view lane splitting as a violation of traffic laws. If an accident occurs while a motorcyclist is lane splitting, insurers might deny claims or reduce payouts, arguing that the rider's illegal maneuver contributed to the incident. This underscores the importance of adhering to traffic laws to confirm full insurance coverage.
Therefore, engaging in lane splitting in Kansas carries substantial risks, including legal penalties, financial consequences, and insurance complications, making adherence to traffic laws crucial for motorcyclists.
Comparing Laws With Neighboring States
While Kansas maintains a strict prohibition against lane splitting, neighboring states have adopted varying approaches. For instance, Colorado has implemented lane filtering laws, allowing motorcyclists to pass between stopped vehicles under specific conditions.
These conditions include vehicles being fully stopped, passing only on the left, and not exceeding 15 mph. However, lane splitting remains illegal in Colorado, and violations can result in fines.
This contrast highlights the differing legislative approaches to motorcycle maneuvers in urban settings. Kansas continues to enforce a blanket ban on both lane splitting and filtering, prioritizing uniform traffic flow and safety over potential congestion relief.
Recommendations for Motorcyclists in Kansas
Given the legal and safety considerations, motorcyclists in Kansas should adhere to the following guidelines:
Avoid lane splitting and filtering: Refrain from riding between lanes of traffic or between rows of vehicles, regardless of traffic conditions.
Stay informed: Regularly review Kansas traffic laws to stay updated on any changes that may affect motorcycling practices.
Prioritize safety: Always wear appropriate protective gear, maintain a safe following distance, and be vigilant of other road users.
Consult legal professionals: If involved in a motorcycle collision, seek advice from personal injury attorneys familiar with your state's motorcycle laws to understand your rights and obligations.
Lane splitting remains a contentious and strictly prohibited practice under Kansas law. Unlike a few other U.S. states that have begun to explore or implement more flexible rules surrounding lane splitting or filtering, Kansas holds firmly to laws that prioritize traffic predictability and safety over the perceived benefits of congestion reduction or faster commute times for motorcyclists.
For riders, this legal stance translates to implications in both daily riding and liability considerations following a collision. Engaging in lane splitting not only increases the physical risks due to unpredictable traffic behavior and reduced maneuvering space, but it also exposes the rider to legal penalties due to the state’s modified comparative negligence laws.
Gain Further Understanding
Motorcyclists who understand the laws, avoid risky behaviors like lane splitting, and maintain open communication with legal and insurance professionals are far better positioned to protect their health, finances, and legal rights.
In sum, while lane splitting may offer practical benefits in some regions, it’s currently illegal and highly discouraged in Kansas. Riders must respect this reality, adapt their riding habits accordingly, and remain advocates for their own safety and the safety of those with whom they share the road.
Contact Us Today
If you’ve been involved in a motorcycle collision, our firm is here for you. Our attorney, Michael Townsend, is committed to helping clients with their personal injury cases. We serve clients throughout the states of Kansas and Missouri. Contact us at Townsend Law LLC today to speak with a dedicated personal injury attorney.
