How Lane Splitting Can Affect an Injured Motorcyclist’s Right to Damages

Lane splitting, also known as “white-lining” or “filtering,” occurs when motorcyclists ride between lanes of slow-moving or stopped vehicles. Although it can save time and avoid congestion, this practice raises safety concerns as it places motorcyclists in close proximity to vehicles, increasing the risk of collisions. It also can have a direct effect on the money damages an injured rider can recover after an accident.

Lane splitting can increase the risk of accidents. Other drivers may not anticipate motorcycles traveling between lanes in stopped or heavy traffic. Sudden lane changes, opening car doors, or inattentive driving can result in collisions. Also, the space between lanes of vehicles leaves little room for error or evasive action. Weather conditions, poor visibility and road hazards can exacerbate the risk.

Motorcyclists who lane split may face heightened exposure to “blind spot” accidents, those in which other vehicles’ drivers fail to see the motorcycle in their side-view mirrors. Sideswipe collisions can be dangerous for motorcyclists due to greater vulnerability compared to passengers in enclosed vehicles.

In a lawsuit over injuries suffered in a motorcycle accident, lane splitting can be a factor in determining the allocation of fault and the corresponding damages. New York follows a “pure comparative negligence” standard, by which the damages a plaintiff can recover are reduced in proportion to their degree of fault for the accident. 

In New York, lane splitting is illegal. Vehicle and Traffic Law § 1252(c) states, “No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.” The law is designed to compel motorcyclists to adhere to predictable traffic patterns, reducing the likelihood of accidents caused by sudden or unexpected movements.

In a lawsuit, a motorcycle rider’s conduct is scrutinized to determine whether it constituted negligent or reckless behavior. If it is found that the motorcyclist was partially at fault, their recoverable damages may be significantly reduced. Thus, if a lane-splitting motorcyclist is found 40 percent responsible for an accident, they would only recover 60 percent of their total proven damages.

Even if another driver’s negligence contributed to the accident, such as failing to check their blind spots, a motorcyclist’s decision to lane split could still weigh heavily against them. Courts may consider factors like the traffic conditions, the speed of the motorcycle and whether the motorcyclist was adhering to reasonable safety practices.

An experienced New York motorcycle accident attorney can conduct an investigation of how lane splitting may have affected the accident and can make a strong case for damages from other causes. 

At Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, we help New York motorcycle riders get compensated for their injuries. We operate on a contingency fee basis, so you pay no fees unless we prevail in your case. To learn how we can help you, call us at 631-360-0400 or contact us online.