Inland Empire Car and Truck Accident Law Podcast with Deborah Song

Is Lane Splitting Actually Legal in California?

Episode 7 • 42:55

Lane splitting is legal in California, and insurance adjusters bring it up anyway because motorcycle rider bias is an easy lever to pull. Deborah Song of Empire Law breaks down what the vehicle code actually permits, why a missing helmet or endorsement never kills a claim outright, and the crash patterns that put the blame back on the driver who never looked. Questions answered in this episode: Is lane splitting actually legal in California? What does California's helmet law actually require? What is Proposition 213, and how does it erase pain and suffering? How long does a rider have to act before the blame story hardens? Topics covered: motorcycle rider bias, California's lane-splitting statute, lane filtering, full lane use, unsafe lane changes, failure to yield, jury bias, the universal helmet law, the helmet defense, the M1 endorsement, left-turn collisions, motorcycle visibility, police report accuracy, dashcam evidence, Proposition 213, uninsured/underinsured motorist coverage, and California's two-year statute of limitations. California law referenced: CVC 21658.1 (lane-splitting statute), CVC 22107 (unsafe lane change), CVC 21801 (failure to yield), CVC 27803 (universal helmet law), CVC 12804.9 (M1 endorsement), Civil Code 3333.4 (Proposition 213), and CCP 335.1 (two-year statute of limitations). Deborah Song on lane splitting: "It is 100% legal... California actually stands alone as the only state to expressly authorize lane splitting directly in its vehicle code." Deborah Song's advice: "Don't let that discourage you from talking to an attorney... you're most likely entitled to something." Deborah Song, Founder and Managing Attorney of Empire Law (CA Bar #337172), works on contingency, no fee unless she wins. empireatty.com | (951) 456-3891 | Inland Empire, California #LaneSplitting #MotorcycleAccidentLawyer #CaliforniaHelmetLaw #Proposition213 #MotorcycleRiderBias #InlandEmpireMotorcycleAccident #EmpireLaw This podcast is for informational purposes only and does not constitute legal advice. Watching this podcast does not create an attorney-client relationship. Past results do not guarantee future outcomes. Chapters 00:00:00 Welcome back to Inland Empire Car and Truck Accident Law with Deborah Song 00:03:44 What Happens When a Rider Joins a Claim Involving a Party Already Found Reckless? 00:05:05 Is Lane Splitting Actually Legal in California? 00:06:30 Does California Treat Lane Filtering Differently Than Splitting? 00:07:47 Do CHP Lane-Splitting Guidelines Carry the Force of Law? 00:08:52 Why Is a Rider Entitled to the Full Lane? 00:10:09 Does Lane Splitting Automatically Make a Crash the Rider's Fault? 00:11:48 What Did the Driver Actually Do Wrong in Most of These Cases? 00:13:08 Why Does the Adjuster Still Bring Up Lane Splitting When It Was Legal? 00:14:49 How Does Motorcycle Rider Bias Show Up With a Riverside or San Bernardino Jury? 00:17:30 What Does California's Helmet Law Actually Require? 00:18:34 If a Rider Was Not Wearing a Helmet, Does the Insurer Get to Walk Away? 00:22:32 How Does a Missing M-1 Endorsement Affect the Defense? 00:24:58 How Does the Crash Usually Happen When the 91 or 15 Is Backed Up? 00:28:29 Why Is a Car Turning Left in Front of a Rider Such a Dangerous Pattern? 00:30:59 Does "I Never Saw the Motorcycle" Hold Up as an Excuse? 00:32:47 If the Police Report Blames the Rider, Is That the End of It? 00:36:43 What Proof Actually Settles Where the Rider Was in the Lane? 00:39:32 What Is Proposition 213 and How Does It Erase Pain and Suffering? 00:43:56 Will the Driver's Policy Cover a Catastrophic Motorcycle Injury? 00:46:39 How Long Does a Rider Have to Act Before the Blame Story Hardens? 00:48:26 Deborah Song's One Thing Every Rider Should Remember