Who Is At Fault In A Lane-Filtering Accident In Colorado?

Understanding Colorado’s New Lane-Filtering Law

In 2024, Colorado’s legislature passed SB24-079 to temporarily legalize lane filtering. This law defines the criteria for determining when lane filtering is legal.

Lane filtering protects riders from rear-end collisions. While it may seem counterintuitive, motorcyclists are less likely to get hit while passing stopped cars than while stopped themselves. Rather than boxing riders in, lane-filtering laws allow them to move to the front of a stopped lane.

When Is Lane Filtering Legal In Colorado?

Under the new law, lane filtering is permitted under the following conditions:

• The vehicle being overtaken is stopped.
• Any traffic in adjacent lanes is also stopped.
• The lanes are wide enough to allow the motorcycle to pass within a lane.
• The motorcyclist doesn’t exceed 15 mph.
• The conditions allow the motorcyclist to overtake the stopped vehicle “prudently.”

All of these conditions must be met for lane filtering to be legal.

A key requirement for legal lane filtering is that the motorcyclist must remain inside a traffic lane. A rider who rides between lanes on the lane lines (a practice known as “lane splitting”) violates the law.

Who Is Usually At Fault In A Lane-Filtering Accident?

The party that acts negligently will generally be at fault for a lane-filtering accident. In other words, the rider may sometimes bear the blame, while a driver may be at fault in other situations.

To determine fault, it must be examined whether either party failed to exercise reasonable care. The careless operator will typically be liable for any resulting accident.

Situations Where The Motorcyclist May Be Liable

A motorcyclist will likely bear some or all of the blame when they filter lanes illegally. The following scenarios might result in a motorcyclist being blamed for a lane-filtering crash:

• Speeding
• Riding on the lane lines
• Overtaking moving vehicles
• Passing on the right or on the shoulder

The rider may also be liable for other forms of negligence, such as losing control of their motorcycle due to intoxication.

Situations Where Drivers Are Commonly At Fault

Drivers can also face liability for lane-filtering collisions when they act carelessly. For instance, they might open their door while stopped in traffic or drift over into an adjacent lane while no other vehicles are moving.

How Evidence Helps Determine Fault In Motorcycle Accidents

Evidence of negligence usually takes two forms. Testimony from witnesses, including the motorists involved in the crash, can explain what occurred before and during the accident. Meanwhile, documentary evidence, such as photographs of the crash scene and experts reconstructing the event, can help a jury understand what took place.

Can Both Parties Share Fault In A Lane-Filtering Crash?

It’s possible for both parties to act negligently before colliding. For example, suppose that a motorcyclist is speeding while overtaking a stopped vehicle. If the driver overlooks the motorcycle and starts to move out of their lane into the motorcyclist’s path, the rider and driver may share the blame.

How Colorado’s Comparative Negligence Law Affects Compensation

Colorado’s comparative negligence statute allows injury victims to seek compensation if they’re less than 50% responsible for the initial accident. However, their compensation is reduced in proportion to their percentage of fault. Thus, someone found to be 21% liable could only recover 79% of their losses.

Insurance Challenges In Lane-Filtering Accident Claims

Insurers can deny claims for many reasons, including the following:

• The insured motorist acted reasonably.
• The claimant contributed to the accident.
• The crash didn’t cause the claimant’s injuries.

If your claim is denied, a skilled personal injury attorney can present compelling evidence and arguments to appeal the decision.

Common Misconceptions About Lane Filtering And Liability

Many drivers believe that motorcyclists are always liable for lane-filtering crashes. With Colorado’s legalization of the practice, this is no longer true.

What To Do After A Lane-Filtering Accident In Colorado

It’s important to take the following steps after a lane-filtering collision to protect your legal rights and preserve critical evidence:

• Remain at the crash scene.
• Call the police to report the accident.
• Promptly seek medical care.
• Cooperate with the ensuing investigation.
• Photograph the crash scene and get the contact information of any witnesses.
• Avoid talking to the other driver’s insurer without legal representation.

Finally, consult a qualified personal injury attorney to learn about your options for seeking compensation. Your attorney can also answer questions like, “How long does a motorcycle accident lawsuit take?”

How Bachus & Schanker Helps Injured Motorcyclists Prove Fault

With little to protect them besides a regulation helmet, motorcycle riders can suffer debilitating or even fatal injuries in lane-filtering collisions. Even non-fatal motorcycle accident injuries can require costly medical treatment and long-term therapy. The attorneys at Bachus & Schanker are steadfast advocates for crash victims, and one of our founding members has firsthand experience with the personal injury claims process. We understand what you’re going through and do everything in our power to protect your right to fair compensation.

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