A car that drifts into the space beside it can leave a motorcyclist with nowhere to go. In those cases, the dispute turns on which driver was entitled to be where, not on whether the vehicles collided. New York’s lane-use statute supplies the starting point.
The Statute Requires Staying in One Lane
Subdivision (a) of Vehicle and Traffic Law section 1128 requires a vehicle to be driven as nearly as practicable entirely within a single lane. The driver also may not leave that lane until first ascertaining that the move can be made safely.
Those two duties are written in Vehicle and Traffic Law section 1128, and they apply to a car, a truck, or a motorcycle alike. The rule binds both.
A Lane Change Puts the Burden on the Mover
The second duty is the one that matters in sideswipe cases, because a driver who moves over has to confirm the space is clear first. A motorcyclist traveling in the adjacent lane at a steady speed has done nothing to trigger that duty.
Riders hurt in a lane-change collision can take the police report and photographs to a Manhattan motorcycle accident lawyer to measure the statute against the sequence of the crash. The sequence of the lane change decides which driver breached the duty.
Lane Splitting Draws a Different Argument
The defense in these cases can shift to the rider by arguing that the motorcycle was passing between lanes or traveling too close to the car. Whether that argument succeeds depends on where each vehicle was, how fast each was moving, and what the surrounding traffic was doing. Evidence that tests the argument includes the following:
- Photographs of the paint transfer and damage on both vehicles show where the vehicles met.
- Nearby camera footage can show the lane positions before the impact.
- Statements from people riding or driving close by describe what each vehicle did.
Keeping a written account from the days after the crash helps, and the advice in motorcycle accident claim tips on tracking injuries and recovery applies here too. Those notes can fill gaps when the lane positions are disputed.
Trucks and Buses Share the Same Rule
A lane dispute with a truck or bus can raise added questions about the driver and the company that operates the vehicle. The lane-use statute applies to those drivers as well.
Riders hit by a commercial vehicle can compare the facts against the material on truck accident claims in Manhattan. Company records can add a source of proof about the driver and the vehicle.
Shared Fault Changes the Evidence
A defendant who cannot deny the lane change may argue that the rider contributed, which turns the case toward shared responsibility. A rider’s speed, position, and visibility then become part of the evidence.
Each person’s claim draws on the same record, and the overview of Manhattan personal injury claims explains how separate claims fit together. A passenger or a second driver may need a claim of their own.
A car driver who was also hurt in the same crash may find answers in car accident claims. That driver’s claim rests on the same lane-change facts.
Motorcycle Coverage Works Differently
A lane-change claim for pain and suffering depends on who changed lanes, and a rider’s medical bills raise separate insurance questions. The lane-use statute doesn’t answer those questions.
Riders dealing with an insurer should also understand riders and no-fault, because motorcycle coverage raises different questions than car coverage. Those questions are worth settling before anything is filed.
Reputation Among Judges and Jurors
Glenn K. Faegenburg practices law with our firm and earned his J.D. from Brooklyn Law School in 1990. Judges, jurors, and colleagues describe him as smart, energetic, honest, caring, and persistent.
Faegenburg’s cases at The Edelsteins, Faegenburg, & Blyakher LLP include motorcycle accidents within the personal injury practice. The firm’s site includes a dedicated Manhattan motorcycle accident page.
Photographs Taken Before the Bike Is Moved
The statute turns on where each vehicle was in relation to the lane lines, so pictures of the lane markings and vehicle positions taken before the bike is moved record the facts it makes relevant. Those photographs also show whether the rider was inside the lane lines when the car moved over.
A rider with those pictures saved on a phone or camera can get in touch with a Manhattan motorcycle accident lawyer before the scene changes. Witnesses leave the scene, and their accounts should be recorded right away.