If you’ve ever ridden a motorcycle through heavy traffic, you might have been tempted to slide between the rows of cars. This practice—known as lane splitting—saves time, reduces frustration, and for some riders, it just feels safer than sitting still. But it also leads to questions: Is it legal? And what happens if you crash while doing it?
This article tackles those questions. We’ll take a closer look at the current laws on lane splitting, how fault is determined when an accident happens, and what role a motorcycle accident attorney plays if you’re injured while riding.
Understanding Lane Splitting
Lane splitting is when a motorcyclist rides between two lanes of vehicles, typically when traffic is slow or stopped. It’s not to be confused with lane filtering, which usually happens at intersections when a motorcyclist moves ahead of waiting cars to get a head start at a light.
Supporters of lane splitting say it keeps traffic flowing and helps riders avoid getting rear-ended in stop-and-go situations. Others, including many drivers, argue it’s unpredictable and increases the chance of collisions. That divide is reflected in how states treat the issue legally.
The Legal Picture in the U.S.
Only one state—California—has officially legalized lane splitting. There, motorcyclists are encouraged to do it safely and at reasonable speeds. The California Highway Patrol even offers tips for how to split lanes responsibly.
Other states are less clear:
- Utah and Montana allow lane filtering under very specific conditions.
- In most places, there’s no formal law permitting or banning it, which means law enforcement and insurers may treat it differently, case by case.
New Jersey, on the other hand, does not explicitly permit or prohibit lane splitting by law. However, motorcyclists may still face citations under broader traffic rules—such as unsafe passing or failure to maintain a lane—especially if a crash occurs while maneuvering between lanes.
In Pennsylvania and New York, lane splitting is not legally permitted. In these states, the maneuver is generally regarded as unsafe and can result in a traffic violation. Courts and insurers may also consider lane splitting to be a form of negligence during a motorcycle accident claim.
This patchwork of rules can complicate things when a motorcycle accident happens. Was the maneuver legal? Was it reckless? These questions can have a big impact on your case.
Who’s at Fault in a Lane Splitting Crash?
When an accident happens during lane splitting, it’s not always clear who’s to blame. Did a driver suddenly change lanes without looking? Was the motorcyclist weaving too fast through traffic? These details matter.
States with comparative fault laws allow for shared responsibility. For example, if a court finds a rider was 25% at fault and the driver was 75% at fault, the rider can still recover compensation—just with their share reduced by that 25%.
A judge or insurance adjuster will likely consider:
- Whether the rider was speeding or weaving unpredictably
- Whether the driver checked mirrors or used a turn signal
- Visibility and weather conditions
- Local traffic laws
Because each crash is unique, having a motorcycle accident lawyer who understands these variables can be the difference between winning and losing a claim.
Common Lane Splitting Accidents
Some crashes involving lane splitting happen over and over again:
- A car drifts into another lane, unaware that a motorcyclist is passing between lanes.
- A driver opens a door in stopped traffic without checking their mirror.
- A motorcyclist clips a mirror or bumper while trying to squeeze through a tight gap.
These incidents can lead to serious injuries. Unlike people in cars, motorcyclists don’t have the benefit of seat belts, airbags, or a protective frame. Broken bones, head injuries, and road rash are all common outcomes.
How Insurers Handle These Claims
Insurance companies don’t want to pay more than they have to. If you were lane splitting when the accident occurred, they’ll look closely at your actions. Was it legal? Were you wearing safety gear? Were you going too fast?
They may try to argue that lane splitting was reckless or that you accepted extra risk by doing it. That’s why it’s smart to gather evidence early—photos, witness statements, and dashcam footage can all help.
A motorcycle accident attorney can also push back against unfair claims. They’ll know how to frame your case and present the facts clearly.
Steps to Take After a Lane Splitting Crash
If you’re in a motorcycle accident while lane splitting, here’s what to do:
- Get medical attention, even for minor pain. Internal injuries and concussions don’t always show up right away.
- Call the police, and make sure a report is filed. It adds credibility to your claim.
- Take photos of the vehicles, traffic lanes, and surroundings.
- Talk to witnesses, and get their names and contact details.
- Speak with an attorney before discussing the crash with insurance companies.
The sooner you act, the better your chance of building a strong case.
Should More States Legalize Lane Splitting?
The debate over lane splitting continues. Some studies from California suggest that, when done responsibly, it can be safer for riders and improve traffic flow. Riders are less likely to be hit from behind and may get out of dangerous situations faster.
But critics worry that legalizing it elsewhere would cause confusion and more accidents, especially in states where drivers aren’t used to watching for motorcycles between lanes. The lack of national consistency means riders must stay up to date with local traffic laws.
Until more data and legislation emerge, motorcyclists should be cautious and aware of the rules in their state.
Call Brandon J. Broderick For Legal Help
If you’ve been injured in a motorcycle accident, especially while lane splitting, don’t try to handle everything on your own. Liability can be complex—and insurers may try to shift blame unfairly.
At Brandon J. Broderick, Attorney at Law, we know what you’re up against. Our team has experience with motorcycle crash cases and understands how to fight for riders who’ve been hurt. We’ll guide you through the process and help pursue the compensation you deserve.
Contact us today to schedule your free consultation and take the next step toward recovery.