In This Article
Reading time: 5 minutes
- What Is Lane Splitting?
- Why Is Splitting Lanes So Dangerous?
- Can Lane Splitting Impact Compensation After an Accident?
- How Will a Lawyer Guide You in Recovering Compensation?
- After a Motorcycle Crash, Our Personal Injury Lawyers Are Ready to Fight for You
What Is Lane Splitting?
Lane splitting involves a motorcycle riding between two lanes of traffic to pass vehicles in the lanes on either side. Motorcycles can do this because they are smaller and narrower than traditional vehicles such as cars and trucks. This behavior typically occurs when traffic moves slowly, tempting motorcyclists to use their bikes' mobility to ride between lanes and bypass the traffic jam. Lane filtering is a related maneuver where a rider moves between stopped or slow-moving vehicles, often at a red light or in standstill traffic.This Practice Is Illegal Under New York Traffic Laws
Lane splitting is illegal under New York law. Vehicle and Traffic Law §1252 clearly states that motorcycles cannot pass other vehicles by riding in between lanes, regardless of whether the lines are solid or dashed. Law enforcement may pull you over and issue a traffic citation for lane splitting, and you could face even harsher penalties. A first offense carries a fine of up to $150, up to 15 days in jail, points on your license, and surcharges associated with the violation. Penalties increase with each additional violation within 18 months. Even if you are in a hurry and want to beat traffic, you cannot legally participate in lane splitting. The same law also grants motorcyclists rights that riders may not expect. Every motorcycle has the right to use an entire lane, and no other vehicle may drive in a way that takes that away. Two motorcycles may ride side by side in a single lane. Riding between two separate lanes is different, and the law treats it as a violation. In New York, lane filtering is treated the same as splitting, and it is not allowed.For a free legal consultation, call (516) 932-0400
Why Is Splitting Lanes So Dangerous?
Lane splitting is a risky maneuver, not only for the motorcycle rider but also for other drivers on the road. For instance, other drivers in traditional vehicles might not see you riding between the lanes and could accidentally hit you. You could suffer serious injuries in this scenario, and your motorcycle would sustain damage. This behavior also puts you at risk of an accident because of minor actions by other drivers, such as opening their car door during a traffic stoppage, throwing an object out of a window, or adjusting their side-view mirrors. Other drivers could be attempting to change lanes while you are in their blind spot. This is especially dangerous when lane splitting between semi-trucks. There is only so much space between lanes and between the vehicles on either side of you. That leaves little room for driver error, increasing the risk of an accident in which you could suffer severe injuries or even death.Can Lane Splitting Impact Compensation After an Accident?
Lane splitting may affect the compensation you could receive after an accident, depending on which side of the crash you were on. If you were lane splitting when the accident happened, you still have the right to file a personal injury lawsuit against the other driver if they were negligent. New York's comparative negligence law will reduce the compensation you receive. The other party will argue that you were at least partly to blame for causing the accident because you were lane-splitting at the time. You may still recover compensation, but the amount may be reduced based on your share of fault. Friedman & Simon, L.L.P. can help you understand how comparative negligence may affect your claim. Avoiding lane splitting and complying with all traffic laws makes it harder for the liable party's lawyer to blame you. If another driver was lane splitting and caused your accident, the same statute works in your favor. A rider's violation of the law can serve as evidence of negligence.Click to contact our personal injury lawyers today
How Will a Lawyer Guide You in Recovering Compensation?
Whether you were lane splitting or hit by a rider, an accident lawyer will work to recover compensation for your losses by investigating the cause and determining liability. If the other party and their insurance company or legal team prove you were lane splitting at the time of the accident, you may receive less or no compensation. Your lawyer at Friedman & Simon, L.L.P. will collect evidence to support your claim, including traffic camera footage, photographs, police reports, medical records, witness statements, and expert opinions. Our law firm will calculate the value of your claim and negotiate with the other party on your behalf to fight for an appropriate settlement. We will also file a lawsuit and represent you at trial if the particular circumstances of your case support taking such action. If necessary, we will present your case to a jury and argue that you were not lane splitting or that your actions did not cause the accident or your injuries. If you require assistance in another language, we will provide it in Spanish, Greek, Bengali, and Creole. Friedman & Simon, L.L.P. will provide regular updates on the status of your case, and we will work to meet all case deadlines, including the statute of limitations.Complete a Free Case Evaluation form now
After a Motorcycle Crash, Our Personal Injury Lawyers Are Ready to Fight for You
Lane splitting cases often come down to what the statute allows and what the evidence shows. An attorney who has handled motorcycle accident cases before knows how to build a claim around those details and will push back against an insurance company looking to shift blame. Our attorneys at Friedman & Simon, L.L.P. have over thirty-five years of successfully advocating for accident injury victims. Call our office today for a free consultation.Call or text (516) 932-0400 or complete a Free Case Evaluation form