Motorcyclists and vehicles share a complex relationship on our roads. The way motorcycles move through traffic creates unique situations you simply don’t experience in cars. One of these motorcycle-specific maneuvers — lane splitting — can dramatically change your legal position after an accident.
Lane splitting is a common practice in certain places, but it’s also a risky move that can lead to serious crashes. How exactly does this practice impact your rights if you’re involved in an accident? Let’s look at what you need to know as a motorcyclist navigating these legal waters.
What Exactly Is Lane Splitting and How Does It Work?
Lane splitting occurs when a motorcyclist rides between two lanes of traffic moving in the same direction. Imagine yourself on a highway during rush hour — cars backed up in each lane, barely moving. A motorcycle glides between these lanes, passing the stalled traffic.
Some motorcyclists view this practice as a safe way to avoid being rear-ended in congested traffic. Others see it as a convenient trick to bypass traffic jams altogether. The reality is that lane splitting puts riders in close proximity to vehicles that might not expect their presence.
In California, lane splitting is explicitly legal under state law. However, in most other states, the practice exists in a legal gray area — neither explicitly permitted nor specifically prohibited. This patchwork of laws across states creates confusion for both riders and drivers, especially when accidents occur.
How Legal Lane Splitting Affects Your Rights After an Accident
If you’re lane splitting in a location where it’s legal, your rights following an accident are different than in states where the practice is prohibited.
When lane splitting is legal, you maintain your basic right to recover damages if another driver causes an accident. This means you can still pursue compensation for your injuries, bike damages, medical bills, lost wages, and pain and suffering.
However, even in states where lane splitting is legal, your actions will be scrutinized. Were you splitting lanes responsibly? Were you traveling at a reasonable speed relative to surrounding traffic? Did you signal properly?
The insurance company representing the other driver will certainly try to argue you were partially at fault, even if lane splitting is legal. They might claim you were riding recklessly or too fast for the conditions.
Lane Splitting in States Where It’s Illegal: What Happens to Your Rights?
In states where lane splitting isn’t legal, your position becomes much more challenging after an accident.
When you’re lane-splitting in these states, you’re technically breaking traffic laws. This violation can significantly impact your ability to recover damages, even if the other driver’s mistake contributed to the crash.
Many states follow comparative negligence rules, which reduce your potential compensation based on your percentage of fault. If lane splitting directly contributed to the accident, you might be assigned a high percentage of fault, potentially eliminating your ability to recover any damages.
Some insurance companies might immediately deny your claim based solely on the fact you were lane splitting in a state where it’s prohibited. They’ll argue your illegal action was the primary cause of the accident, regardless of what other factors were involved.
This doesn’t mean you have zero rights, but it does mean you’ll face an uphill battle. You’ll need strong evidence showing the other driver’s actions were the main cause of the accident despite your lane splitting.
Key Factors That Determine Fault in Lane Splitting Accidents
When determining who is at fault in a lane-splitting accident, several factors come into play. Each case has unique circumstances that influence how liability gets distributed.
- Speed differential — How much faster were you traveling compared to surrounding traffic? A small speed difference (5-10 mph) appears much more reasonable than zooming through at 30+ mph faster than traffic.
- Traffic conditions — Was traffic completely stopped or moving slowly? Lane splitting in congested, slow-moving traffic presents different risks than doing so in faster-moving traffic.
- Road width and lane markings — Did the lanes provide adequate space for safe passage? Narrow lanes or unusual road configurations might affect liability determinations.
- Signaling and visibility — Were you making yourself visible to other drivers? Did the other driver signal before changing lanes or turning?
- Time of day and weather — Low visibility conditions can impact who bears responsibility for these accidents.
- Driver awareness — Did the other driver check mirrors before changing lanes? Were they distracted by a phone or other device?
These factors interact in complex ways in each case. For example, if you were lane splitting at night in the rain, going 25 mph faster than the surrounding traffic, that paints a different liability picture than lane splitting during daylight hours, in clear weather, and moving just 5-10 mph faster than stopped traffic.
Local Lane Splitting Laws and How They Vary
Lane-splitting laws show remarkable variation across the country, and this inconsistency creates real challenges for motorcyclists who travel between states.
California stands alone as the state with explicitly legal lane splitting. The California Highway Patrol has even published guidelines for safe lane-splitting practices. These guidelines don’t have the force of law but provide a framework for evaluating reasonable behavior.
Several other states, including Washington, Oregon, and Montana, are considering legislation to legalize lane splitting. These proposals often include specific speed limits and other safety requirements.
In most states, lane splitting is not specifically addressed in traffic laws, creating a legal gray area. Police officers in these states may cite lane-splitting motorcyclists for other violations, such as unsafe lane changes or reckless driving.
A handful of states have laws that explicitly prohibit lane splitting, including Nevada, Illinois, and New York. In these states, lane splitting will almost always work against you in an accident claim.
This patchwork of laws means you need to research local regulations before riding in a new state. What’s perfectly legal in one state might result in a ticket — or worse, a denied insurance claim — just across the state line.
Pennsylvania’s Stance on Lane Splitting and What It Means for You
Pennsylvania traffic code prohibits the practice through regulations requiring vehicles (including motorcycles) to stay within a single lane. PA police officers can and will ticket motorcyclists they catch lane splitting under reckless driving or improper passing laws. This matters if you’re in an accident while lane splitting here, as insurance companies might immediately try to pin full blame on you regardless of what else happened. Even in stop-and-go traffic on highways around Philadelphia or Pittsburgh, splitting lanes should be avoided, or you risk putting yourself in legal danger if an accident occurs.
How Our Motorcycle Accident Lawyers Can Protect Your Rights
With all these variables at play, you need someone in your corner who knows the ins and outs of motorcycle accident law. Our lawyers at Liever, Hyman & Potter, P.C. have fought for motorcyclists in lane-splitting cases and many other types of motorcycle accidents.
We work hard to protect your rights after a lane-splitting incident. Our motorcycle lawyers know how to counter the common arguments made by insurance companies trying to deny your claim. We’ll gather evidence from the accident scene, talk to witnesses, review police reports, and do whatever else it takes to help you.
Call Liever, Hyman & Potter to speak with a vehicle accident attorney today.