If a motorcyclist is doing something asinine like lane splitting or wheelies and gets wasted on expressway, who's fault it is?

Other answer:

Jake H:
Wasted like in drunk or wasted like in killed?

This is a LEGAL question, and the LEGAL answer is that it depends on the circumstances. A motor vehicle MUST attempt to avoid other motor vehicles no matter WHAT the other vehicle is doing.

It depends entirely on circumstances. I know of an accident in which a motorcyclist rear ended a car, and the owner/operator of the vehicle was sued – the motorcyclist won. It was determined that the motorcyclist HAD been driving recklessly but was NOT at the time of the accident AND the driver of the vehicle suddenly slammed on his brakes.

howru:
It depends on how well they do their lane splitting and wheelies. If they mess it up, fall off their motorcycle, and get run over by another vehicle then that is completely the biker's fault. However if their risky and illegal maneuvers are well performed the biker would only be at fault for the maneuvers, while the other driver would be at fault for wiping them out.
travelmaster:
In California lane, splitting is legal
so it wouldn't the be cyclist fault
Andy:
Who's fault do you think it would be? What a silly question.
Dimo J:
Actually, when the idiot motorcyclist dies, he *stops* wasting air.
sujan:
your fault

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