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Motorcycle Lane Splitting: Is It Legal and Does It Affect My Claim?

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Alicia Dawson

November 8, 2024 5 min read
Motorcycle Lane Splitting: Is It Legal and Does It Affect My Claim?

Overview Summary

  • 1Lane splitting is legal in some states (like CA) but illegal in many others (like NJ/NY).
  • 2Even if illegal, lane splitting doesn't automatically bar you from recovery.
  • 3The other driver still has a duty to check mirrors before changing lanes.
  • 4Juries are often biased against motorcyclists; you need a lawyer to humanize you.
  • 5Dash cam footage is critical in splitting cases to prove safe speed.

Lane splitting is controversial. Drivers hate it, riders love it. But how does it affect your injury case if you are hit while riding between lanes?

Legal vs. Negligent

Even in states where lane splitting is technically illegal, the other driver is often more at fault. If a car swerves into you without signaling, they are negligent. We argue that your lane splitting (even if a citation is issued) was not the proximate cause of the accident—the car's unsafe lane change was.

Overcoming Bias

The biggest hurdle in motorcycle cases is 'Biker Bias.' Insurance adjusters and jurors assume you were being reckless. We fight this by showing your safe driving history, protective gear usage, and expert reconstruction showing you had no escape route.

Saad Admani

About the Author

Saad Admani is the lead Personal Injury Attorney at Admani Law with extensive experience representing accident victims in NJ. He specializes in fighting insurance claims, negotiating settlements, and advocating passionately for his clients.

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