07-06-2016, 04:40 AM
(07-06-2016, 02:54 AM)Randy B_imp Wrote:(07-06-2016, 02:01 AM)The ferret_imp Wrote:(07-06-2016, 01:15 AM)Randy B_imp Wrote: The problem with making a narrow lane just for bikes along the shoulder is the road debris that accumulates there. I have seen accident debris on the side of a roadway sit there for a month even though it should have been cleaned up by the tow truck that picked up the wreck in the first place.
And as to the idea of a motorist moving to one side or the other within their lane that can be construed as weaving even if they don't actually leave their lane of travel and if observed by an officer they could be pulled over. It shows a lack of concentration on the road or impairment of the driver in that they could either be paying attention to a cell phone and not watching the road, or even be drunk. In either of those cases, a car driver weaving withing their lane like that and hitting someone on a motorcycle while splitting, it would be the drivers fault.
You have to realize that this is not something that just goes on in California, but parts of Australia and most of Europe and Asia do it as well. This is something that law enforcement agencies and insurance companies around the world deal with every day. There are good and bad lane splitters just like there are good and bad drivers in general. It would be something that the public would have to get used to if it were made legal in other states, but I have a feeling that that would be far off at this point.
Really? and a motorcycle weaving back and forth between 2 lanes of cars and popping in and out of lanes without the benefit of using turn signals would NOT be construed as weaving? or illegal lane change?
so if a hole in traffic opens up and a motorcyclist who is splitting pops in from the left without signaling. while a car seeing the hole, signals and pops in from the right, and the two collide in the middle, who would be at fault?
Just trying to understand.
I agree with Sea, wouldn't a motorcycle exclusive lane be the safer way to do it all around?
Really? and a motorcycle weaving back and forth between 2 lanes of cars and popping in and out of lanes without the benefit of using turn signals would NOT be construed as weaving? or illegal lane change?
so if a hole in traffic opens up and a motorcyclist who is splitting pops in from the left without signaling. while a car seeing the hole, signals and pops in from the right, and the two collide in the middle, who would be at fault?
Just trying to understand.
I agree with Sea, wouldn't a motorcycle exclusive lane be the safer way to do it all around?
First of all I'm not yelling or berating here, just stating.
If a motorcycle is weaving he's not splitting, he's weaving. That can be, and is ticketed here because it is dangerous.
If a motorcycle moves into a gap and a car comes over from the other lane, weather they signaled or not, the rider will most likely get out of the way so he doesn't get run over. An opening in a lane between two other lanes is a possibility for all types of vehicles and I don't care who you are, you had better be paying attention when you do it or you are risking an collision.
If the rider is in the position of being ahead of the driver when moving into the lane then it would be his lane to occupy. If the driver were ahead, then it would be his. It's the same idea as if the rider were coming from the lane next to the open one....merge with caution and be aware of the other vehicle around you. It's not rocket science.
"Ahead of the other vehicle" is not a right-of-way law I've ever encountered (assuming by "ahead," you're talking about space [in front of], and not time).
Generally, it is my understanding that the vehicle already in the lane has the right-of-way in that lane. In other words, whoever got there first, regardless of whether they are in front of, or behind the other motorist. Additionally, once in the lane, he need not make accommodation for other motorists, other than to be sure not to follow too closely to the vehicle in front of him (i.e. tailgate). Courtesy, while polite, is not the law. There are caveats for HOW they got there... if they are there first, but performed an illegal lane change (e.g. did not signal their lane change), then they are most likely are at-fault. If they got there first, but passed on the right in a state where that is illegal, again, they are most likely at-fault. If two vehicles are attempting to occupy the same lane at the same time, both legally, some states say the vehicle on the left has the right-of-way and the vehicle on the right must yield, but this isn't universal, unfortunately.
Further, if a vehicle is LEAVING the lane you are in, and you attempt to go around them before they have fully occupied the adjacent lane, you need to keep in mind that THEY still have right-of-way in the lane they are departing until they fully occupied the adjacent lane. So, if they happen to jack the brakes or hurriedly return to the lane for whatever reason, causing the two of you to collide, YOU are at-fault. This makes me think that the lane-splitting motorist is basically ALWAYS at-fault unless the adjacent motorist did something egregious.
