If you were riding your motorcycle and got hit while lane splitting, you’re probably asking the big question: Can I sue the driver who hit me? The answer depends on a few key factors—especially here in New York City, where the roads are packed, traffic jams are common, and the laws are strict.
Lane splitting, also known as lane sharing or filtering, happens when a motorcyclist rides between two lanes of slow-moving or stopped traffic. You’ve probably done it to avoid sitting behind rows of cars in a traffic jam or at a red light. But if a car suddenly changed lanes and hit you, what happens next? Who’s at fault?
In New York, lane splitting is illegal. That doesn’t automatically mean you’re 100% to blame if you were injured in a crash while doing it. New York follows a comparative negligence rule, which means multiple people can share the blame. Even if you were partially at fault, you may still be able to recover money for your injuries, medical bills, and damaged bike.
As a motorcycle accident lawyer based in Manhattan, I’ve seen these cases play out time and time again. And I know how insurance companies try to use the lane splitting issue to deny or minimize your claim. That’s why it’s critical to understand your rights, the law, and how fault is determined in these types of accidents.
What’s the Difference Between Lane Splitting and Lane Filtering?
Most drivers lump them together, but lane splitting and lane filtering aren’t exactly the same thing. Knowing the difference can help explain what happened in your crash — and it may affect how liability is determined.
Lane splitting means riding a motorcycle between two lanes of traffic that are moving slowly or are completely stopped. It often happens on highways or busy city streets during rush hour. Riders use it to bypass traffic jams. In New York City, where congestion is part of daily life, this can feel like the only way to get anywhere.
Lane filtering, on the other hand, usually happens at intersections. It’s when a motorcyclist moves between stopped cars at a red light to get to the front of the line. While it might seem harmless, both lane splitting and filtering can catch drivers off guard — especially if they don’t check their blind spots before changing lanes or moving forward.
Unfortunately, New York State Vehicle and Traffic Law doesn’t recognize or permit either practice. Section 125 of the New York Vehicle and Traffic Law defines a motorcycle as a vehicle subject to the same lane usage rules as cars. That means riding between lanes — even in slow or stopped traffic — can be considered a violation.
Still, just because you may have been lane splitting or filtering at the time of the crash doesn’t mean the other driver is off the hook. If they were negligent — like failing to signal or drifting across lanes — they could still be found partially or fully responsible.
Is Lane Splitting Legal in New York?
The short answer? No — lane splitting is illegal in New York. But that doesn’t mean you’re automatically at fault if you’re in an accident while doing it.
Under New York Vehicle and Traffic Law § 125 and § 1128, motorcycles are expected to follow the same rules as other motor vehicles. That includes staying within a single lane and not weaving between cars. Unlike California, where lane splitting is legal under certain conditions, New York does not have any provisions allowing motorcyclists to ride between lanes of traffic.
If you were lane splitting at the time of a crash in New York City — whether it was on the FDR, the BQE, or stuck between yellow cabs on Canal Street — the fact that the practice is illegal will likely come up in your case. But it doesn’t mean you have no legal options.
New York uses a pure comparative negligence system. This means a motorcyclist can still recover damages even if they were partially responsible for the crash. For example, if a driver hit you while changing lanes without signaling or checking their blind spot, they can be found at fault — even if you were lane splitting.
So yes, lane splitting is technically against the law here. But when it comes to assigning blame after an accident, the courts will look at what both parties were doing. That’s why it’s so important to speak with an attorney who understands motorcycle accident cases and New York law.
Who’s at Fault in a Lane Splitting Motorcycle Crash?
Figuring out who’s at fault in a motorcycle accident involving lane splitting isn’t always clear-cut. In fact, it’s often one of the most debated parts of the case.
Just because a motorcyclist was riding between lanes doesn’t automatically make them the only one responsible. Fault is based on what each person did — or didn’t do — leading up to the crash.
For example, if the other driver changed lanes without signaling, failed to check their blind spot, or made a sudden move in heavy traffic, that driver may be found negligent. These kinds of careless actions are common causes of crashes, especially in stopped or slow-moving traffic where visibility is limited.
On the other hand, the motorcyclist’s behavior also matters. If you were speeding, weaving in and out aggressively, or passing too close to cars, those actions could count against you. That’s where comparative negligence comes in — a judge or jury might decide both parties share blame. But even if you’re found, say, 30% at fault, you can still recover 70% of your damages under New York law.
Insurance adjusters will often try to pin all the blame on the motorcyclist. That’s why it’s critical to gather evidence — like video footage, witness statements, and the police report — that shows what really happened.
At my firm, we’ve handled motorcycle accident cases across NYC — from the Bronx to Brooklyn — and we know what it takes to push back against unfair assumptions and prove what actually caused the crash.
Common Causes of Lane Splitting Accidents
Motorcycle crashes involving lane splitting usually happen fast — and they’re almost always avoidable. Most of the time, it comes down to one thing: drivers not paying attention.
One of the biggest causes is a driver changing lanes without checking their blind spot. When traffic is crawling on the BQE or the West Side Highway, drivers get impatient. They see a small gap in traffic, make a sudden lane change, and never realize a motorcyclist is right beside them. The result? A dangerous side-swipe or even a full collision.
Other common causes include:
- Drivers failing to signal before changing lanes
- Cars drifting across lane lines in stop-and-go traffic
- Opening a door without looking when stopped in traffic
- Motorcyclists going too fast between lanes or weaving unpredictably
- Potholes, debris, or road hazards, especially near construction zones
- Limited visibility — nighttime riding or poor weather makes it even harder to see a motorcycle
Even though lane splitting is illegal in New York, drivers still have a duty to watch for motorcycles, check mirrors, and use turn signals. When they don’t, they can be found at fault.
As a motorcycle accident attorney in NYC, I’ve handled many cases where a rider was seriously injured — not because they were reckless, but because a driver didn’t take the time to look. That’s why every detail matters when we investigate a crash.
Understanding Comparative Negligence in New York
In New York, even if you were lane splitting when the accident happened, you might still have a case. That’s because of a legal rule called pure comparative negligence.
Here’s how it works: fault is divided between everyone involved in the crash. If the other driver was careless — maybe they didn’t signal, didn’t check their blind spot, or made a dangerous move in traffic — they can still be held partly responsible. And if you were also doing something risky, like lane splitting or riding too fast, your percentage of fault will be weighed in.
Let’s say you’re found to be 30% at fault for the accident. That means you can still recover 70% of your damages — things like medical bills, lost wages, and repairs to your motorcycle. That’s true even if lane splitting was illegal at the time.
This system is different from states with stricter rules, where being even slightly at fault can stop you from collecting anything. New York gives injured motorcyclists a chance to get the help they need, even if they didn’t follow every rule perfectly.
But here’s the catch — insurance companies will try to blame you for everything. They know lane splitting is illegal, and they’ll use that to deny or reduce your claim. That’s why it’s important to have someone on your side who understands the law, the traffic patterns in NYC, and how to fight back.
Dealing with the Insurance Company After a Motorcycle Accident
After a motorcycle crash involving lane splitting, one of the first calls you’ll get will be from an insurance adjuster. It might sound routine — just a few “simple” questions. But don’t be fooled. Their job is to protect the insurance company’s bottom line, not to help you.
If they find out you were lane splitting — which is illegal in New York — they’ll likely try to use that against you. They may argue that you’re fully at fault and deny your claim altogether. Or they might offer you a low settlement that doesn’t come close to covering your medical bills, lost wages, property damage, or the pain you’ve been through.
This is where it helps to have an experienced legal team in your corner. At my firm, we deal with insurance companies every day. We know how to present evidence, negotiate claims, and push back when adjusters try to shift all the blame onto the rider.
What you say to the insurance company can affect your case. That’s why we tell clients:
- Don’t give a recorded statement without legal advice.
- Don’t admit fault — even partial.
- Keep track of every conversation, date, and detail.
- Save all medical records, repair estimates, and receipts.
We’re here to take the pressure off your shoulders and make sure the insurance company plays fair — or faces a fight.
How to Gather Strong Evidence After a Lane Splitting Crash
Building a strong motorcycle accident case starts with solid evidence. If you were hit while lane splitting, what you can prove matters more than what anyone says — especially when dealing with insurance adjusters or going to court.
Here’s what you should try to collect right away:
- Photos of the scene — including damage to your motorcycle, the other vehicle, lane positions, skid marks, and traffic signals
- Video footage — from dash cams, traffic cameras, or nearby businesses
- Witness statements — anyone who saw the crash can help confirm what really happened
- Police report — this can document fault, weather conditions, and driver behavior
- Medical records — these link your injuries to the crash and show how serious they are
- Repair estimates — to show the cost of fixing or replacing your bike
Sometimes you can’t gather all this right away — especially if you’re badly hurt. That’s okay. Once you call us, we’ll launch an investigation, request footage, talk to witnesses, and gather everything you need to make your case stronger.
We’ve helped injured riders across NYC — from Manhattan to Queens — and we know what kind of proof makes a difference. Even if you were lane splitting at the time, we can uncover what really caused the crash and who should be held responsible.
What Damages Can You Recover After a Lane Splitting Accident?
Even if you were lane splitting when the crash happened, you may still be able to recover money for the losses you’ve suffered. In a motorcycle accident case, damages aren’t just about your bike — they cover everything that’s been taken from you due to the crash.
Here’s what you might be entitled to:
- Medical expenses — hospital bills, surgery, physical therapy, medications, and any future treatments
- Lost wages — if you missed work because of your injuries or can’t go back to your job
- Pain and suffering — the physical pain and emotional stress caused by the accident
- Property damage — repair or replacement costs for your motorcycle and gear
- Loss of enjoyment — if your injuries prevent you from riding, exercising, or enjoying your normal life
In New York, there’s no cap on pain and suffering damages in personal injury cases. But insurance companies won’t offer this to you freely — especially if they think they can blame the accident on lane splitting.
At my firm, we’ve secured compensation for injured motorcyclists across the five boroughs — even in difficult cases where fault was shared. We understand how to document every damage, calculate the full value of your claim, and push for the settlement you deserve. If needed, we’ll take your case to court.
Get a Free Consultation with a NYC Motorcycle Lawyer
If you’ve been injured in a motorcycle crash while lane splitting — don’t wait, and don’t go it alone. The sooner you talk to a lawyer, the better your chances of protecting your rights and recovering what you’re owed.
At my firm, we offer free consultations to motorcyclists across New York City. We’ll listen to your story, explain your legal options, and tell you exactly what to expect if you move forward with a claim. No pressure. No obligation.
We’ve helped clients recover hundreds of thousands of dollars in tough accident cases — even when lane splitting or lane filtering was involved. We know New York traffic laws, how to deal with insurance companies, and how to gather the evidence that makes your case stronger.
And when you hire us, you get me — not a junior associate, not a call center. I’ll be your point of contact from start to finish.
Whether you were hit in Manhattan, Queens, Brooklyn, the Bronx, or Staten Island, we’re here to help.
Call today for a free case evaluation. Let’s talk about what happened — and how we can fight for what you deserve.
