Lane Splitting Causes Legal Trouble in Missouri
Lane splitting, the practice of a motorcyclist riding between lanes of slow-moving or stopped traffic, remains a controversial topic in the United States. While some states have explicitly legalized or prohibited the practice, Missouri's stance on lane splitting is less clear-cut. This paper will delve into Missouri's relevant statutes, case law, and regulatory guidelines to examine the legality and safety implications of lane splitting in the Show-Me State.
Missouri's Statutory Framework
Missouri's primary traffic statute, Chapter 304 of the Revised Statutes of Missouri, does not explicitly address lane splitting. However, several provisions may be relevant to the practice.
- §304.015, RSMo: Duty of Driver to Use Due Care: This statute imposes a general duty on all drivers, including motorcyclists, to exercise due care to avoid collisions. While it does not specifically prohibit lane splitting, it suggests that motorcyclists must operate their vehicles in a manner that minimizes the risk of accidents.
- §304.016, RSMo: Reckless Driving: This statute defines reckless driving as operating a vehicle in a careless and imprudent manner, without regard for the safety of others. While lane splitting may not always constitute reckless driving, it could be considered reckless if performed in a particularly dangerous or aggressive manner.
Case Law and Regulatory Guidance
While Missouri courts have not directly addressed the legality of lane splitting, several factors may influence a court's decision in a case involving a lane-splitting accident:
- Comparative Negligence: Missouri is a comparative negligence state, meaning that a plaintiff's damages may be reduced based on their degree of fault. If a motorcyclist is injured in a lane-splitting accident, their own negligence in engaging in the practice could be considered a factor in determining liability.
- Custom and Usage: While custom and usage may not override clear statutory provisions, it can be a factor in determining the standard of care. If lane splitting is a common practice in a particular area, a court may be more lenient in assessing liability.
Safety Considerations
Regardless of the legal status of lane splitting, it is important to acknowledge the inherent risks associated with the practice. Lane splitting can increase the risk of accidents due to:
- Reduced Visibility: Motorcyclists lane splitting may be difficult to see by other motorists, especially in low-light conditions or when vehicles are stopped or slowing down.
- Sudden Maneuvers: Motorcyclists may need to make sudden maneuvers to avoid hazards, such as debris or sudden braking by other vehicles.
- Increased Risk of Injury: In the event of an accident, motorcyclists engaged in lane splitting are more likely to suffer serious injuries due to the high speeds and lack of protection.
Conclusion
While Missouri law does not explicitly prohibit lane splitting, the practice remains a risky endeavor. Motorcyclists who choose to lane split should do so with extreme caution and be aware of the potential legal and safety consequences. As technology advances and autonomous vehicles become more prevalent, the issue of lane splitting may require further legislative and regulatory attention.
Disclaimer: This article is intended to provide general information and should not be construed as legal advice. For specific legal advice, please consult with an attorney.