Lane Splitting Can Affect a Motorcyclist’s Rights in an Accident Lawsuit

Lane splitting is a controversial practice in which motorcycles ride between lanes of slow-moving or stopped traffic. It allows them to bypass congestion by traveling in the space between cars, typically on multi-lane highways or during traffic jams. While proponents argue that lane splitting can be safe for motorcyclists in certain situations, critics contend that it increases the risk of collisions because drivers do not expect vehicles to pass between lanes.

In Massachusetts, lane splitting is illegal. Motorcyclists are prohibited from riding between lanes of traffic or overtaking vehicles within the same lane. The law explicitly requires motorcycles to use a full traffic lane like any other motor vehicle. Violating this statute not only subjects a rider to traffic citations but also has significant implications if the motorcyclist is involved in an accident.

When determining liability in a motorcycle accident, Massachusetts follows a comparative negligence system. Under this rule, an injured party’s ability to recover damages is reduced by their percentage of fault in causing the accident. If a motorcyclist was lane splitting at the time of a collision, it could be viewed as negligent behavior, potentially diminishing or even eliminating the compensation they can recover, depending on the circumstances.

In a comparative negligence analysis, the key issue is whether the motorcyclist acted with reasonable care. The fact that lane splitting is illegal in Massachusetts creates a strong presumption of negligence. However, the extent of the rider’s negligence depends on factors such as traffic conditions, the speed at which the motorcyclist was traveling, and whether the motorist involved contributed to the collision by failing to check blind spots or making sudden lane changes.

An experienced motorcycle accident attorney can play a critical role in minimizing the impact of a lane-splitting violation on a rider’s case. First, the attorney may argue that while lane splitting is technically illegal, the motorcyclist’s actions were reasonable under the specific circumstances. For instance, if the rider was moving at a very low speed to avoid a hazardous traffic jam and another driver acted recklessly, this context can help reduce the rider’s comparative negligence percentage. Additionally, attorneys can gather evidence, such as dashcam footage, witness statements, and accident reconstruction analysis, to demonstrate that the primary cause of the collision was the inattentiveness or unsafe maneuver of the other driver, not merely the lane splitting itself.

Motorcycle accident cases are complex and often hinge on nuanced interpretations of negligence. At Feinberg & Alban PC, our personal injury lawyers have extensive experience handling Massachusetts motorcycle accident claims. We have offices in downtown Boston, Brookline and Worcester. Call us at 617-232-5950 or contact us online to set up a free consultation.