For many motorcyclists, the sight of congested traffic is a major source of frustration. The temptation to bypass gridlock by riding between lanes of slow or stopped vehicles—a practice known as lane splitting—is strong. In some states, this maneuver is accepted or even legal. In Pennsylvania, however, the law is clear, and the consequences of ignoring it can be devastating, not just for your safety but for your right to compensation after an accident.

If you are a rider in the Keystone State, you need to know exactly where the law stands on this practice. More importantly, you must recognize how an allegation of lane splitting can be used against you in a motorcycle accident claim. What you may not know is that even if a negligent driver clearly caused your accident, the insurance company is already looking for ways to blame you. This article explains the specific laws, the concept of comparative negligence, and how a skilled personal injury attorney in PA can protect your rights.

Is Lane Splitting Legal in Pennsylvania? A Definitive Answer

No. Lane splitting is explicitly illegal in Pennsylvania. There is no gray area or legal exception for this maneuver, regardless of how slow traffic is moving. Many riders mistakenly believe that if traffic is at a standstill, "filtering" to the front of an intersection is permissible. This is also false.

The Specifics of Pennsylvania Vehicle Code Motorcycle Laws

The statute that governs this behavior is found in the Pennsylvania Vehicle Code, Title 75, Section 3523(c). This section, titled "Operating motorcycle on roadway laned for traffic," states:

"No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles."

This language is direct and comprehensive. It prohibits riding between two lanes of moving traffic (classic lane splitting) and riding between "rows of vehicles" (lane filtering at a stoplight). Any attempt to justify the maneuver based on traffic speed or safety is not supported by Pennsylvania law. A citation for this traffic violation establishes that the rider was breaking the law.

The Difference Between Lane Splitting and Lane Filtering in Pennsylvania

While riders often use these terms differently, Pennsylvania law does not distinguish between them.

• Lane Splitting: This typically refers to riding between lanes of moving traffic, often at a speed significantly faster than the surrounding cars.
• Lane Filtering: This term usually describes the practice of moving between lanes of stopped or very slow-moving vehicles, most commonly to get to the front of a line at a red light.

Both are considered illegal under Section 3523(c). The law simply forbids operating a motorcycle between lanes or rows of vehicles, period. This common confusion is a critical point, as many riders who believe they are safely "filtering" are, in fact, committing a traffic violation that can jeopardize their injury claim.

What About Motorcycle Lane Sharing in PA?

It is important to differentiate illegal lane splitting from legal motorcycle lane sharing in PA. While a motorcyclist cannot ride between two cars, the law does permit two motorcycles to ride side-by-side in the same lane.

Section 3523(d) of the Vehicle Code states, "Motorcycles shall not be operated more than two abreast in a single lane."

This means riding "two abreast" is the legal maximum. You and a passenger can legally occupy a full lane of traffic, just as a car would. This law is part of your Pennsylvania motorcyclist rights and is designed to increase your visibility to other drivers.

Why Lane Splitting Is a Major Factor in Fault in a Motorcycle Accident in PA

When a motorcycle accident happens, the first thing insurance companies and legal teams do is determine who was at fault. In Pennsylvania, this process is an allocation of blame, and it directly controls who pays for the damages. If you were lane splitting, you have handed the other driver's insurance company a powerful tool to use against you.

Negligence Per Se: The Automatic Fault Problem

In personal injury law, there is a concept called "negligence per se." This legal doctrine means that if a person violates a law or statute designed to protect public safety, and that violation directly causes the type of harm the law was meant to prevent, the person is automatically considered negligent.

Pennsylvania’s law against lane splitting is a public safety statute. Therefore, if you are injured in a crash while you are lane splitting, the other party will argue you are negligent per se. They will claim that by illegally placing your motorcycle in a space where no vehicle was expected to be, you are the primary cause of the collision.

This creates an immediate and difficult hurdle in your motorcycle accident claim in Pennsylvania. It shifts the burden of proof, forcing you to prove that your illegal maneuver did not contribute to the crash, which is a very difficult argument to win.

The Impact on Your Motorcycle Injury Compensation in Pennsylvania

Even if you are only found partially at fault, the financial consequences are severe. This is where Pennsylvania's specific negligence rules come into play.

Understanding Comparative Negligence in a Pennsylvania Motorcycle Accident

Pennsylvania operates under a "modified comparative negligence" system, also known as the 51% rule. This rule governs all personal injury cases and dictates how motorcycle injury compensation in Pennsylvania is awarded when more than one person is to blame.

Here is how it works:

1. Fault is Assigned a Percentage: After an accident, a jury (or an insurance adjuster in a settlement negotiation) will assign a percentage of fault to everyone involved.
2. Damages are Reduced: Your total compensation (for medical bills, lost wages, and pain and suffering) is reduced by your percentage of fault.
3. The 51% Bar: You can only recover damages if your percentage of fault is 50% or less. If you are found to be 51% or more at fault for the crash, you are legally barred from recovering any compensation.

How an Illegal Lane Split Can Reduce or Eliminate Your Settlement

Let's see how this rule applies to a real-world motorcycle accident settlement in Pennsylvania.

• Scenario: A driver in the left lane makes a sudden lane change to the right, failing to check their blind spot. At that exact moment, you are illegally lane splitting between the left and center lanes. The car strikes your motorcycle, throwing you from the bike and causing severe injuries. Your total damages are calculated at $200,000.
• The Fault Argument:
  • Your attorney argues the negligent driver caused the crash by making an unsafe lane change without signaling. This is the primary cause.
  • The driver's attorney argues that you were illegally lane splitting, and if you had been legally positioned in a lane, the accident never would have happened.
• The Outcome: A jury listens to both sides and decides the driver was mostly at fault but that your illegal maneuver contributed to the crash. They assign 80% of the fault to the driver and 20% of the fault to you.
• The Math: Because your fault (20%) is not greater than the driver's (80%), you can still recover. However, your $200,000 award is reduced by your 20% of fault.
  • $200,000 (Total Damages) - $40,000 (20% Reduction) = $160,000 (Your Final Award)

Now, consider if the jury found you to be 51% at fault. In this scenario, your award would be $0. Every time you ride between lanes, you are exposing yourself to financial risk.

What if the Other Driver Was Clearly the Main Cause?

This is where having an experienced motorcycle crash attorney becomes essential. An insurance company will see "lane splitting" on a police report and immediately deny your claim, hoping you will give up.

A good attorney will fight this. Their job is to investigate the crash and prove that the other driver's negligence was the proximate cause of the accident and that your lane splitting, while technically illegal, was not the cause of the harm.

For example, if you were filtering between stopped cars at a red light and a negligent driver texting on their phone rear-ends the car behind you, and pushes it into you, your attorney would argue the crash was 100% the fault of the distracted driver. Your "filtering" did not cause that driver to smash into the car ahead of them.

Other Pennsylvania Motorcycle Laws That Impact Your Claim

Lane splitting is not the only law that can affect your case. Adjusters will look for any violation to reduce their payout, which is why a solid awareness of Pennsylvania motorcycle laws is so important.

The Pennsylvania Helmet Law and Its Role in Injury Claims

The Pennsylvania helmet law for motorcycles is often misunderstood.

• Mandatory: Helmets are mandatory for all riders and passengers under the age of 21, with no exceptions.
• Optional (with conditions): For riders 21 and older, helmets are optional only if the rider has either:
  1. Completed an approved motorcycle safety course, OR
  2. Has at least two full years of riding experience.

How does riding without a helmet affect your claim? If you suffer a head injury in a crash and were not wearing a helmet (even if you were legally allowed to ride without one), the defense will use this. They will not argue you caused the crash, but they will argue you failed to "mitigate your damages." They will hire a medical expert to testify that if you had been wearing a helmet while riding, your traumatic brain injury would have only resulted in a minor concussion.

This argument can successfully reduce the compensation you receive specifically for your head and brain injuries.

Proving Liability in Motorcycle Accident Claims in Pennsylvania

To win your case, your attorney must gather extensive evidence to overcome the bias against riders and any allegations of fault. This evidence includes:

• The official police report (and challenging it if it unfairly assigns you blame)
• Witness statements from other drivers or pedestrians
• Video footage from traffic cameras, dashcams, or security cameras
• Photos of the accident scene, vehicle damage, and your injuries
• Accident reconstruction expert testimony
• Cell phone records of the other driver to prove distraction

What to Do After a Crash Involving Lane Splitting in Pennsylvania

If you are in an accident and you were lane splitting, the steps you take next are vital.

1. Call 911: Get police and medical responders to the scene immediately. Your health is the first priority.
2. Get Medical Care: Accept medical transport to the hospital. This creates an official record of your injuries, which is essential for your claim.
3. Document the Scene: If you are physically able, take photos of the car's position, your bike's position, and any skid marks.
4. Do NOT Admit Fault: This is the most important step. Do not apologize or say, "I was just splitting lanes." Give the police the basic facts of what happened (e.g., "I was riding, and that car turned into me"). Admitting fault at the scene can be used to destroy your case.
5. Contact a Pennsylvania Personal Injury Lawyer: Before you speak to any insurance adjuster, call an attorney.

Why You Need a Motorcycle Accident Lawyer in Pennsylvania After an Accident

When you are accused of illegal lane splitting in PA, you are starting your case at a severe disadvantage. The insurance adjuster's job is to use that fact to pay you nothing.

Navigating Motorcycle Insurance Claims in PA

An experienced motorcycle accident lawyer in Pennsylvania understands how to counter these tactics. They will immediately take over all communication with the insurance company, preventing you from saying something that could damage your claim.

Fighting Unfair Blame and Protecting Your Pennsylvania Motorcyclist Rights

A skilled personal injury lawyer will launch a full investigation to build a case that minimizes your share of the fault and maximizes the other driver's. They will work to prove that, despite the lane-splitting violation, the other driver's actions—such as texting, speeding, or an illegal turn was the primary cause of the motorcycle accident liability.

This may be the only way to secure a fair motorcycle accident settlement that covers your medical bills, lost income, and long-term recovery costs. Do not try to fight the insurance company alone, especially when you know you may be found partially at fault.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

The aftermath of a motorcycle accident is disorienting and painful. When your claim is complicated by allegations of lane splitting, you need an advocate who knows the law and is prepared to fight for you. At Brandon J. Broderick, Attorney at Law, we have extensive experience representing injured motorcyclists across Pennsylvania.

We understand the biases riders face and the tactics insurance companies use. We work tirelessly to investigate every detail of your crash to build the strongest case possible and protect your right to fair compensation. Do not let one mistake, or one unfair accusation, prevent you from getting the help you deserve. Contact us today for a free, no-obligation legal consultation. We are available day or night to assist you.