Motorcycles follow the same rules of the road in California as other motorized vehicles subject to a few minor exceptions However, similar to other vehicles, who has “the right of way” depends on the position and movement of the cars. The only exception is that lane splitting is legal for motorcycles in California, allowing them to weave in and out of stopped or slow traffic.
Do motorcyclists have the right of way in California? Our experienced San Bernardino motorcycle accident lawyers at LA Century Law explain.
Understanding Right of Way Rules for Motorcyclists
The rules of the road apply to everyone, including the following:
- Cars
- Trucks
- Pedestrians
- Buses
- People using mobility assistance devices
- Motorcyclists
- Bicyclists
- People on roller skates and roller blades
However, the rules of the road don’t apply equally in all situations. Sometimes, a person has the right of way because they are a pedestrian. Motor vehicles must yield to them in most situations.
But pedestrians are not allowed on high-speed roads, such as freeways.
The right-of-way rule applies to motorcyclists just as it applies to other vehicles. The positions and direction of travel of vehicles, rather than whether a vehicle is a motorcycle or a passenger car, determine who has the right of way. The only exception is that motorcycles can lane split when they can do so safely. Passenger vehicles are not allowed to lane split.
Common Situations
Here are some common situations to evaluate when motorcyclists have the right of way:
- Merging into traffic—Yield to vehicles already traveling in the lane.
- Lane change—The vehicle already in the lane has the right of way. Change lanes only when there is room to do so safely.
- Passing—When it can be done lawfully, without impeding the overtaken vehicle.
- Left turn at intersection—A turning vehicle must yield to oncoming traffic and crossing pedestrians.
- Uncontrolled intersection—The vehicle on the right has the right of way.
- Mountain road—On a narrow mountain road, where only one vehicle can pass in opposite directions, the vehicle facing uphill has the right of way.
- At an intersection—A vehicle, including a motorcycle, has the right of way to proceed into the intersection only when there is room to fully clear the intersection. If traffic is too backed up to completely clear the intersection before the signal changes, the vehicle must wait.
- T intersections without a stop or yield sign—Vehicles continuing straight have the right of way.
- Pedestrian right of way—At crosswalks, both marked and unmarked.
- Driveways and parking lots—When backing up or exiting a parking lot, yield to moving traffic.
- In stopped or slow traffic—Motorcycles may lane split or weave through and around other traffic.
- Special right of way signaling—In construction zones and during special events, there may be temporary signs or officials directing traffic. These directives may influence the right of way.
Passenger vehicle drivers must be aware that motorcyclists may be on the road. They may not violate the right of way of a motorcycle just because it is a smaller vehicle, or they disagree with the rights of motorcyclists. When a motorcycle has the right of way, it may proceed lawfully.
Where the Right of Way Is Disputed
Many motorcycle accidents happen at intersections. Motor vehicle drivers may turn in front of a rider, either acting carelessly or misjudging the speed of the approaching motorcyclist. They may violate a traffic signal, turning on a red or yellow light.
Witness testimony is a common form of evidence. You may testify about what happened, and other passengers can speak about their observations. There may be third parties who saw the accident, either from another vehicle or as a pedestrian. There may be cameras from nearby businesses, vehicle dashcams, or traffic surveillance cameras. Accident reconstruction and analysis may help resolve a motorcycle right-of-way dispute.
Lane Splitting and Right of Way: What the Law Says
Lane splitting is where a motorcyclist weaves through stopped or slowed traffic. A motorcyclist has the right of way to lane split when they can do so safely. It is illegal for someone to open a vehicle door to block a motorcyclist from lane splitting.
Public officials say to consider the total circumstances when deciding whether to lane split. They say that it’s safest at slower speeds and when the speed differential between the motorcycle and other vehicles is low.
California is the only U.S. state that allows lane splitting. It is also okay for two motorcyclists to share a lane side-by-side in California.
When Drivers Fail To Yield to Motorcycles
Drivers may fail to yield to motorcyclists for several reasons. They may not fully check their blind spot for smaller vehicles before changing lanes or may misjudge the speed of a motorcycle.
Some drivers may intentionally disregard the right of way of motorcyclists.
When failing to yield results in an accident, the victim may have a compensation claim.
How Fault is Determined in Motorcycle Right of Way Accidents
Fault is determined in a motorcycle right of way accident by evaluating the factors leading up to the crash. California uses a pure comparative negligence system that may assign fault to more than one party.
What To Do If You’re Hit While Legally Riding
If you’re hit while legally riding, stop your vehicle at the scene. Call law enforcement, including emergency responders, if anyone may be hurt. Stay at the scene. Get driver, vehicle, and witness information. Take photos of vehicles, debris, and the location of the accident. Don’t admit fault. Seek immediate medical attention.
Protecting Your Rights After a Motorcycle Accident
The things you do promptly after a motorcycle accident can protect your rights. You can consult with a motorcycle accident lawyer before you even speak with the insurance companies. A lawyer can help you understand what your case is worth and take steps to advance your claim.
Contact an Experienced San Bernardino Motorcycle Accident Lawyer
If you have been in a motorcycle accident, contact an experienced San Bernardino motorcycle accident lawyer. LA Century Law handles claims in San Bernardino and the surrounding areas.
We help motorcyclists who are injured in accidents after right-of-way violations. Contact us now.
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