Lane splitting is the practice of a motorcyclist riding between lanes or rows of slow-moving or stopped traffic. It’s also known as lane filtering or stripe-riding.
Lane splitting is a common practice in many countries and some U.S. states like California, but what are the motorcycle lane-splitting laws in New York? Is it legal, and if not, how might it impact your case if you’re involved in an accident while lane splitting?
Here are answers to some frequently asked questions.
Is Lane Splitting Legal in New York?
No, lane splitting is not legal for motorcyclists in New York. New York Vehicle and Traffic Law Section 1252 states that all motorcycles are entitled to the full use of a lane, and no motor vehicle (motorcycle included) shall be driven in such a manner as to deprive any other vehicle of the full use of a lane.
The law further states that motorcycles shall not overtake and pass in the same lane as the vehicle being overtaken. These provisions make lane splitting illegal.
Why Do Some Motorcyclists Split Lanes if It’s Against the Law?
Some reasons motorcyclists give for lane splitting despite its illegality include:
- Avoiding rear-end collisions from inattentive drivers in stop-and-go traffic
- Reducing fatigue and discomfort from constant clutch use in traffic jams
- Saving time by bypassing congestion
- Preventing engine overheating in air-cooled motorcycles stuck in traffic
However, safety experts argue that lane splitting can surprise other motorists who don’t expect a motorcycle to pass them in slowed or stopped traffic. This can lead to dangerous reactions like swerving or lane changes that cause collisions.
What Are the Penalties for Lane Splitting in New York?
Getting caught lane splitting in New York can result in a traffic ticket, fine, and points added to your license. Specific penalties may vary based on the circumstances and the officer’s discretion.
Repeated violations can lead to higher fines and even license suspension.
Does Lane Splitting Automatically Put a Motorcyclist at Fault for an Accident in New York?
Not necessarily, but it makes proving fault more difficult. New York follows a pure comparative negligence rule, which means each party in an accident is assigned a percentage of fault, and liability is apportioned accordingly.
A motorcyclist who was lane splitting at the time of a crash may be found partially at fault for breaking the law, even if the other driver made an error like an unsafe lane change without checking their blind spot.
However, the full context matters. Let’s say a motorcyclist is safely filtering between stopped cars at a red light, riding at a prudent speed, and watching for pedestrians between vehicles.
If a driver suddenly opens their door without checking and hits a passing motorcyclist, the driver may bear most of the fault for opening their door into traffic unsafely. An experienced motorcycle accident attorney can make arguments to limit the biker’s comparative negligence.
How Can a Motorcyclist Prove They Weren’t at Fault for an Accident While Lane Splitting?
Evidence is key to building your case and includes:
- Eyewitness testimony placing the blame on the other party
- Traffic camera or surveillance footage showing the other driver’s negligence
- Police reports citing the other party for traffic violations
- Experts who can reconstruct the accident to demonstrate you were riding safely
- Medical records connecting your injuries directly to the other party’s actions
Our attorneys, experienced in motorcycle accident cases, know how to gather the right evidence and make effective arguments on your behalf.
What if the Insurance Company Is Denying My Claim Because I Was Lane Splitting?
Don’t give up if you’ve been injured by a negligent driver. Insurance companies may try to point to lane splitting to deny liability, but an attorney can often negotiate with insurers and present evidence to combat unfair denials.
If negotiations break down, your lawyer can file a lawsuit and argue your case in court, highlighting the other party’s negligence and fighting to get you fair compensation.
What Compensation Can I Seek After a Lane Splitting Accident in New York?
In a successful case, you may be entitled to recover damages for:
- Medical expenses for treating accident-related injuries
- Lost income from time off work during recovery
- Pain and suffering
- Loss of enjoyment of life
- Disability or disfigurement
- Property damage to your motorcycle
Your New York motorcycle accident lawyer will assess your full range of damages and pursue maximum compensation.
Are There Any Situations Where Lane Splitting Might Be Legally Justified?
In rare instances, a motorcyclist might justify lane splitting. For example, if a motorcyclist was filtering to the front at a red light and a car behind them accelerated to beat the light, swerving into the cyclist’s lane, the cyclist might be considered reasonable in moving between lanes to avoid a rear-end collision.
However, these arguments are very fact-specific and would depend heavily on proving the imminent danger. Motorcyclists should not assume it’s okay to lane split just because they perceive a hazard.
The far safer and legally advisable option is to wait in the lane like other vehicles.
Can a Motorcyclist Seek Compensation From the City or State if Poor Road Conditions Contributed to a Lane Splitting Accident?
It’s possible, but these cases are complex. Governments have a degree of sovereign immunity that limits their liability in many situations.
To succeed in a claim against a government entity, you’d likely need to prove that a road hazard was unreasonably dangerous, that the entity knew about it and had time to fix it but failed to act, and that this directly caused your crash and injuries.
Will My Motorcycle Insurance Rates Go Up if I’m in a Lane Splitting Accident?
It depends on your insurer and whether you’re found at fault. If you have accident forgiveness on your policy and it’s your first crash, your rates may not increase even if you’re found liable.
But if you don’t have that provision or you’ve already used it, your premiums will likely go up if the insurer has to pay out on a claim.
If you’re deemed not at fault for the lane-splitting accident, your rates generally shouldn’t increase. However, some insurers may still raise your premiums if you’ve been in multiple accidents, even if you weren’t to blame.
What if I Was Hit by a Driver Who Was Trying to Prevent Me From Lane Splitting?
You may have a strong case if you can prove the driver intentionally targeted you for lane splitting. Road rage is never an excuse for causing harm.
If a driver swerved toward you, braked suddenly in front of you, opened a door on you, yelled threats, or otherwise drove aggressively to “teach you a lesson” for lane filtering, they may face both civil and criminal liability.
Their actions go beyond mere negligence into the realm of reckless endangerment or even assault.
However, proving road rage can be tricky. Unless you have video footage or independent eyewitnesses, it may come down to your word against the driver’s.
They may falsely claim your riding was aggressive and they were acting defensively. Our experienced motorcycle crash attorney can investigate the accident scene, interview witnesses, subpoena the driver’s cell phone records and driving history, and gather other evidence to build a compelling case for you.
How Can I Find a New York Motorcycle Accident Attorney Near Me?
Look for an attorney with specific experience, like the CEO Lawyer Personal Injury Law Firm, handling motorcycle accident cases. Read online reviews, ask for referrals from other bikers, and take advantage of free consultations to find the best fit.
Be sure to discuss fee structures upfront. Many work on contingency, meaning they only collect a fee as a percentage of your payout if you win.
Next Steps for New York Motorcyclists
Ultimately, the smartest approach is to avoid lane splitting to stay on the right side of New York law and protect yourself from liability in the event of a crash; however, if you’ve been involved in an accident while lane filtering, contact an experienced New York motorcycle lawyer right away. They can assess the strength of your case and advise you on the next steps.
At the CEO Lawyer Personal Injury Law Firm, we have a proven track record of success in handling complex motorcycle accident cases, including those involving lane splitting. We know the motorcycle lane-splitting laws in New York inside and out.
Our experienced team is ready to investigate your case, gather crucial evidence, and fight for your right to compensation.
Don’t navigate the legal process alone. Contact us today at (516) 689-1132 for a free, no-obligation consultation with a knowledgeable New York motorcycle accident attorney.
We’re here to protect your rights and help you move forward after a serious crash.
