How Does Lane Splitting Affect an Injured Motorcyclists’ Damages?

Lane splitting refers to the practice of riding a motorcycle between two lanes of traffic, often when vehicles are at a standstill or moving slowly. Lane splitting can contribute to accidents, as it places motorcyclists in close proximity to larger vehicles that may suddenly change lanes or experience other unexpected movements.

In New York, lane splitting is explicitly illegal. Under New York Vehicle and Traffic Law § 1252, “No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.” This provision is designed to give motorcycles sufficient room to maneuver safely on the roadway. The restriction is in place not only to protect motorcyclists but also to provide clarity regarding acceptable driving behaviors, reducing the ambiguity that can lead to dangerous situations.

The issue of lane splitting becomes especially significant when it factors into the determination of comparative negligence in motorcycle accident cases. Comparative negligence is a legal doctrine that allocates fault between the parties involved in an accident, reducing the amount of damages recoverable by the injured party if they are found to be partially at fault. If a motorcycle rider is injured while lane splitting, the courts may scrutinize the rider’s conduct to determine whether their decision to engage in this prohibited behavior contributed to the accident. If evidence shows that lane splitting played a role in causing the collision—perhaps by reducing the space needed to avoid a hazard—the rider’s share of the fault may increase. As a result, any compensation awarded to the injured rider could be significantly reduced in proportion to their degree of negligence.

An experienced motorcycle accident attorney can make a critical difference in your cases. By carefully investigating the circumstances surrounding the accident, such an attorney can work to prove that the motorcycle rider was not negligent or was less negligent. This involves gathering comprehensive evidence, including traffic camera footage, eyewitness accounts, and detailed accident reconstruction reports. These materials can help demonstrate that while lane splitting was a factor, other elements—such as the conduct of other drivers or hazardous road conditions—also played substantial roles in causing the accident. Through rigorous legal analysis and presentation of mitigating evidence, the attorney can argue for a lower percentage of comparative negligence attributed to the rider, thereby helping to maximize the recoverable damages.

If you are injured in a motorcycle accident, the law firm of Rich & Rich, P.C., with offices in Manhattan and Roslyn Heights, Long Island, can ensure that your rights are vigorously protected and help you receive the compensation you deserve. Please call 917-746-3358 or contact us online for a free consultation.