Lane splitting, the practice of riding a motorcycle between lanes of slow-moving or stopped traffic, is a common sight in many parts of the world. In some areas, this maneuver is legal and even encouraged to help reduce traffic congestion. However, in New York, lane splitting is illegal, and if a motorcyclist is involved in an accident while lane splitting, it can have serious legal consequences. The question arises: can you be held liable for an accident if you were lane splitting at the time? This blog will examine the laws surrounding lane splitting in New York, the role of fault in accidents involving lane splitting, and what motorcyclists should do if they find themselves in this situation.

Lane Splitting Laws in New York

New York is one of several states in the U.S. that prohibits lane splitting. According to Section 1252 of the New York Vehicle and Traffic Law, motorcycles are not allowed to pass between lanes of traffic or overtake other vehicles in the same lane. This means that motorcyclists must adhere to the same lane rules as cars, trucks, and other motor vehicles, and riding between lanes is a violation of the law.

Because lane splitting is illegal in New York, motorcyclists who engage in this practice risk facing legal consequences, even if they are not involved in an accident. A rider caught lane splitting may be issued a citation or fined, which can affect their driving record and insurance rates. But the situation becomes much more complicated when an accident occurs while the rider is lane splitting. The fact that the motorcyclist was breaking the law can have significant implications when it comes to determining fault and liability in the accident.

How Fault Is Determined in Lane Splitting Accidents

In New York, determining fault in a motor vehicle accident often involves a thorough investigation into the circumstances of the crash. The state follows a rule known as comparative negligence, which means that more than one party can share responsibility for an accident. Under this system, the degree of fault assigned to each party can affect the amount of compensation they are entitled to recover. If a motorcyclist is involved in an accident while lane splitting, their illegal action will likely be factored into the determination of fault.

For example, if a motorcyclist is lane splitting and is struck by a driver who makes a sudden lane change without signaling, the driver may still be held partially at fault for failing to check their blind spot or signal properly. However, the motorcyclist’s act of lane splitting could be seen as a contributing factor, and they may be assigned a percentage of the fault as well. Under New York’s comparative negligence law, if the motorcyclist is found to be 30% at fault for the accident, their compensation would be reduced by 30%. This means that while they can still recover damages, the total amount they receive would be reduced by the percentage of fault assigned to them.

Can You Be Held Fully Liable for an Accident?

While it is possible to share liability in a lane splitting accident, there are circumstances in which the motorcyclist could be held fully responsible for the crash. If the evidence shows that the motorcyclist’s lane splitting was the primary cause of the accident—such as if the rider was weaving in and out of traffic at high speeds or disregarding traffic signals—the motorcyclist may be deemed fully liable. In these cases, the motorcyclist may not be able to recover any damages from the other driver, and they could also face additional fines or legal penalties for their actions.

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However, it is important to note that liability is determined on a case-by-case basis, and not every lane splitting accident will result in the motorcyclist being held entirely at fault. The actions of other drivers involved in the accident will also be considered. If the other driver was speeding, distracted, or driving recklessly at the time of the accident, they could still bear a significant portion of the blame. This is why it is crucial for motorcyclists involved in a lane splitting accident to document the scene carefully and gather as much evidence as possible.

What to Do After a Lane Splitting Accident

Being involved in any type of accident can be overwhelming, but the situation can become even more stressful if the accident occurred while you were lane splitting, a practice that is illegal in New York. However, there are steps you can take to protect your rights and increase your chances of recovering compensation, even if you were lane splitting at the time of the crash.

First and foremost, ensure your safety and seek medical attention if necessary. Your health should always be the top priority after an accident. Once you have addressed any immediate medical concerns, consider the following steps:

  • Document the scene: Take photographs of the accident scene, including the positions of the vehicles involved, any damage to your motorcycle, and any skid marks or other evidence on the road. This documentation can be crucial in establishing the events that led to the accident.
  • Get witness information: If there were any witnesses to the accident, ask for their contact information and a brief statement about what they saw. Witness testimony can be invaluable in determining fault, especially in a lane splitting accident where the facts may be disputed.
  • File a police report: Always report the accident to the police, even if the damage seems minor. A police report provides an official account of the accident and can be used as evidence when filing an insurance claim or pursuing legal action.
  • Consult an attorney: Lane splitting accidents can be complex from a legal standpoint, especially in a state where the practice is prohibited. It is highly recommended that you consult with an experienced motorcycle accident attorney who can help you understand your rights and work to minimize your liability in the accident.

Insurance Claims and Lane Splitting Accidents

When it comes to insurance claims, being involved in an accident while lane splitting can complicate the process. Insurance companies will likely take the fact that lane splitting is illegal in New York into account when evaluating your claim. In some cases, the insurer may argue that you were at fault for the accident simply because you were breaking the law at the time of the crash. However, an experienced attorney can help you challenge these claims and present evidence showing that the other driver was also at fault.

It is important to remember that even if you were lane splitting, you are not automatically barred from recovering compensation. Under New York’s comparative negligence laws, you can still seek damages as long as you are not found to be more than 50% at fault for the accident. Your attorney can help you gather the necessary evidence, such as witness statements, traffic camera footage, or accident reconstruction reports, to support your claim and ensure that you receive a fair settlement.

How an Attorney Can Help in Lane Splitting Cases

Motorcycle accident cases involving lane splitting require a strong legal strategy to achieve a favorable outcome. An attorney with experience in motorcycle accident law and New York’s traffic regulations can be a valuable ally in these situations. Your attorney will work to demonstrate that the other driver’s negligence played a significant role in the accident, regardless of the fact that you were lane splitting.

In addition to negotiating with insurance companies on your behalf, your attorney can also help you navigate the legal system if your case goes to court. They will advocate for your rights, present compelling evidence, and work to minimize the percentage of fault assigned to you, which can make a substantial difference in the amount of compensation you receive.

How Rock Law Can Help

While lane splitting is illegal in New York, being involved in an accident while lane splitting does not automatically make you fully liable for the crash. Fault is determined based on the specific circumstances of the accident, and New York’s comparative negligence laws allow for more than one party to share responsibility. If you have been involved in a lane splitting accident, it is essential to take the proper steps to protect your rights and consult with an experienced motorcycle accident attorney who can help you pursue the compensation you deserve.

If you were injured in a lane splitting accident, reach out to our legal team today. We can help you understand your legal options and fight for the compensation you need to recover from your injuries.