Lane splitting, where a cyclist rides between lanes of slow-moving or stationary traffic, is a common practice, especially in congested areas. However, it can be risky, and determining liability after an accident can sometimes be complex.
The good news is that you can still make a no win, no fee claim, even if you were lane splitting at the time of the accident. Whether you’ll be fully compensated, however, depends on the circumstances of the accident and how blame is apportioned.
What is lane splitting?
"Lane splitting",or "filtering", is when a cyclist rides between two lanes of traffic, often during heavy congestion or at traffic lights. It allows cyclists to make quicker progress through traffic, but it can increase the risk of accidents, especially if drivers don’t check their mirrors or signal before changing lanes.
Is lane splitting legal in the UK?
Yes, cyclists are legally allowed to overtake or undertake vehicles to move through traffic more quickly.
Section 211 of the Highway Code advises drivers to watch for cyclists filtering through traffic. However, cyclists should avoid filtering in areas where conflicts with other road users are likely, such as near junctions.
While overtaking on the right is generally safer, undertaking on the left is permitted when traffic is stationary or moving very slowly.
Can I claim compensation if I was injured when lane splitting?
Yes, assuming another party was at least partly to blame for your accident.
The success of your claim will depend on the specifics of the accident and whether it can be proven that another party was at fault. Even if you were lane splitting at the time, this doesn’t automatically mean you’re to blame for the accident.
Many cycling accidents occur because drivers fail to notice cyclists when changing lanes or opening car doors, and in these cases, you may still have a valid claim.
Factors that affect liability
When making a claim after a cycling accident involving lane splitting, several factors will be taken into account when establishing liability, including:
Road conditions
If there were clear lane markings or road signs that either party ignored, this can affect liability.
Driver behaviour
If the driver who caused the accident was negligent (e.g., by failing to signal, not checking mirrors, or opening a door into your path), they may be held responsible.
Cyclist behaviour
Your actions as a cyclist will also be considered. If you were riding at a reasonable speed and followed the Highway Code, this strengthens your claim. However, if you were weaving in and out of traffic or riding recklessly, it could reduce the amount of compensation you're entitled to.
Contributory negligence and how it affects your claim
In some cases, you might be found partially responsible for the accident. This is known as contributory negligence. For example, if you were lane splitting in a situation where it was deemed unsafe or you were travelling too fast, the court may decide that you contributed to the accident.
If contributory negligence is successfully argued by the defendant's solicitor, you can still make a claim, but the amount of compensation you receive may be reduced to reflect your share of the responsibility.
For instance, if you’re found 25% responsible for the accident, your compensation will be reduced by 25%.
What kind of compensation can I claim?
If you are successful in your claim, you will be awarded general damages for non-financial losses, such as pain, suffering, and loss of amenity.
You would also be awarded special damages to cover any financial losses incurred as a result of the accident, such as medical expenses, lost earnings, bike repairs, or travel costs.
How can a solicitor help with my cycling injury claim?
A specialist personal injury solicitor can assess the details of your accident, gather evidence, and guide you through the process of making a claim. They’ll help establish that the defendant is liable for your injuries, and ensure you pursue the maximum compensation you’re entitled to.
How we can help
Lane splitting doesn’t prevent you from making a cycling injury claim. While it can sometimes complicate the assessment of liability, it is still possible to make a successful claim if another road user’s negligence contributed to your accident.
Our panel of solicitors regularly represents cyclists involved in accident claims, including incidents that occur while lane splitting. With extensive experience handling these specific cases on a no win, no fee basis, we understand the complexities around liability and contributory negligence in such scenarios.
We’re committed to supporting you fully through your recovery, securing the best rehabilitation and financial compensation package. Interim payments are arranged wherever possible, ensuring you have the resources and support needed every step of the way.
Written by Chris Salmon on 16th October 2024