Proving Lane-Splitting and Other Issues in a Riverside, CA Crash
Photos
Photographs of the point of rest after the accident, of scrape marks or gouges on or next to the lane lines or Botts' dots, of paint transfer on the side of a car rather than on its rear bumper, and of the motorcycle's final orientation relative to the painted divider are ordinarily the best way to provide physical proof of lane splitting.Witness Testimony
A witness who saw the motorcycle travel between two rows of cars or who saw the other vehicle move laterally into that space may testify to those observations. This is always good evidence, particularly if the witness is a third party who wasn't involved in the accident.Video
Video from a helmet camera, a motorcycle-mounted recorder, another motorist's dash camera, or a nearby fixed camera can also be very helpful in proving the positions of all vehicles just before and during the crash.Police Report
The police report of the accident will normally have diagrams, driver and witness statements, and identifying information that can be very useful in establishing the facts of what happened. Observations recorded by an officer at the scene, like the positions of vehicles or where debris or fluid were lying, are useful, as is the officer's on-the-spot professional opinion about what happened.Expert Witness Testimony
Sometimes the physical evidence is inconclusive, no third-party witnesses saw the events, or no video camera captured it fully. Where the physical record is incomplete, an expert may be able to reconstruct the speed, heading, and point of impact of the vehicles by looking at the crush, yaw, video frame intervals, or event-data-recorder output. Your lawyer will have a network of such professionals to turn to if their testimony is needed.Lane-Splitting and Fault
Lane-splitting itself is lawful, so fault will depend on the precise movements that produced the contact and crash: whether these were movements by a driver who didn't see the motorcyclist or realize that lane splitting is legal or a motorcyclist that was lane splitting in an unsafe manner.A driver who changes lanes, drifts, or opens a door into the space the motorcycle is already occupying may be considered at fault; conversely, a rider whose speed or movement choices weren't prudent under the conditions may be at fault. In some cases, both the driver of the car and the motorcycle rider could bear some blame.