Can you recover compensation after a motorcycle lane splitting accident in New York?
Motorcycle lane-splitting accidents raise complex legal issues. NY law absolutely prohibits motorcyclists from riding between two lanes of traffic, so a motorcyclist riding that way is in breach of the law. That said, the motorcyclist may also have been at fault in the circumstances of the accident. A motorcyclist riding between two slow-moving vehicles could be struck by a driver who suddenly pulls into that lane, opens a door, turns without signaling, or otherwise moves into the rider’s path. The injuries that can result from such an accident can be absolutely devastating, with broken bones, spinal injuries, traumatic brain injury, shoulder tears, severe road rash, and a whole host of other injuries and permanent disabilities. After the accident, the driver’s insurer will very likely conclude immediately that the motorcyclist is entirely at fault simply because lane splitting is illegal.
Yes, an injured motorcyclist in New York who has been lane splitting can still potentially recover damages if another driver’s fault contributed to the accident. Lane splitting is a breach of New York traffic law, and that alone will not preclude a personal injury claim. New York is a comparative negligence state and generally allows a personal injury claim to proceed when more than one party is at fault. The rider’s own level of fault will of course be taken into account and will reduce the amount of damages they can recover. It all comes down to the facts of the case: the motorcycle’s speed, the vehicles’ positions, what the driver was doing, visibility, traffic, and whether lane splitting contributed to the collision.
At Greenstein & Pittari, LLP, we’re New York City motorcycle accident lawyers who represent motorcyclists injured in accidents with disputed liability. We don’t accept the insurance company’s version of the incident that the motorcyclist caused it. We look at the evidence. We represent motorcyclists across New York City (Manhattan, Brooklyn, Queens, the Bronx, Staten Island), Long Island, and Westchester County. If you were injured while riding between lanes of traffic, then don’t be a victim twice. Call Greenstein & Pittari, LLP at 1-800-VICTIM2 (1-800-842-8462) for a free consultation.
Is motorcycle lane splitting legal in New York?
No. Motorcycle lane splitting is expressly prohibited under New York Vehicle and Traffic Law § 1252(c), which states that a motorcyclist shall not operate the motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. That prohibition applies regardless of traffic speed, whether it is moving slowly or completely stopped. A motorcyclist traveling between cars on the FDR Drive, the Brooklyn-Queens Expressway, the Cross Bronx Expressway or any other roadway in New York is therefore in violation of state law. The motorcyclist’s lane-splitting violation does not, by itself, mean the motorcyclist was solely at fault in a collision. In a personal injury case, the other driver’s negligence and comparative fault will still be the central issues. The violation may be relevant, but it does not, in the least degree, establish that the rider was the sole cause of the accident.
What’s the difference between lane splitting and lane filtering?
Lane splitting is the term generally used to describe a motorcyclist traveling between the lanes or rows of cars (i.e., between the lanes of traffic). Lane filtering refers to a motorcyclist moving between rows of vehicles when they are stopped or moving very slowly (e.g., at the front of a line of cars at a red light). Riders may distinguish between the two depending on traffic speed, but New York’s ban is not limited to moving traffic. Vehicle and Traffic Law § 1252(c) prohibits operating a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. It is therefore possible to breach the law even if you are ‘lane filtering’, i.e., moving between stopped cars. You can’t just assume that lane filtering is legal simply because the traffic around you is stationary. In an accident claim, the precise nature of the maneuver matters, as the motorcycle’s speed, the space available, visibility, and the actions of other road users can all affect who is at fault.
Is lane filtering at a red light legal in NYC?
No. Riding a motorcycle between rows of cars stopped at a red light generally violates the prohibition against operating between lanes or adjacent lines/rows of vehicles. A motorcyclist moving towards the front of a queue of stopped cars would therefore be in breach of VTL §1252(c). The outcome of an accident will, of course, be determined by more than the traffic violation. A driver who suddenly opens a door into the motorcycle’s path may also breach a duty of care. A driver who suddenly moves across without looking may also be a contributory factor. The rider’s unlawful position is a factor, but the conduct of all parties is relevant to determining causation and comparative fault.
Can you sue a driver who hits you as you’re lane splitting?
Yes, a motorcyclist can sue a negligent driver in a lane-splitting collision if the driver’s actions were a contributing factor and the accident resulted in compensable injuries. The motorcyclist’s breach of New York’s lane-splitting law does not give the driver immunity. The driver could have made a dangerous lane change, failed to check his mirrors, or deliberately moved into the motorcycle’s path. That type of conduct would be sufficient to give rise to liability, even if the rider was the one lane splitting. The rider’s lane-splitting conduct could also factor into the assessment of liability. The lawyer would have to establish the driver’s negligence, causation, and damages, and would also have to consider the extent to which the rider’s own conduct may have reduced the driver’s liability. Surveillance video, witness statements, the damage to the vehicles, and the condition of the road will all be relevant in determining how the collision came about.
Does illegal lane splitting automatically make the motorcyclist 100% at fault?
No. The fact that lane splitting is illegal in NY doesn’t mean a rider who does it is automatically 100% at fault in an accident. The rider’s conduct could be negligent when the breach of the law is unexcused and directly caused the accident, but another driver’s negligence may also have been a factor. For example, a motorist could have made a sudden, unsafe lane change as the motorcycle was splitting the lane. The motorcyclist’s unlawful position may be relevant, but the motorist’s own failure to be aware of the traffic around them may also have been a factor. Under NY’s comparative negligence doctrine, the negligence of the party who caused the injury is generally what is considered. A defendant attempting to apportion damages based on the rider’s negligence must prove that position with evidence. The insurer’s decision to apportion all fault to the motorcyclist is not, by itself, a finding of fact.
What does New York Vehicle and Traffic Law § 1252 say about motorcycle lane splitting?
Vehicle and Traffic Law §1252 covers the operation of motorcycles on the road. §1252(c) specifically prohibits a motorcycle from operating between lanes of traffic or between adjacent lines or rows of vehicles. The statute also includes provisions relating to operating a motorcycle in a lane of traffic and operating a motorcycle alongside another. It is relevant in accident litigation because a breach of the statute may be evidence of a negligent act that caused the collision. The statute does not determine the total apportionment of fault between the motorcycle operator and the other driver. The other driver may have breached the law in respect of a lane change, a turn, or the opening of a door. The attorney will, of course, have to review all relevant traffic laws and determine whether any breaches contributed to the accident.
Can you get compensation if you were somewhat at fault in a lane-splitting accident?
Yes. In an ordinary New York motorcycle negligence action (outside of Insurance Law Article 51), an injured rider can generally recover damages even if he or she contributed to the accident. The recoverable damages will be reduced in proportion to the rider’s percentage of fault. So if the total recoverable damages are $200,000 and the rider is 40% at fault, the damages attributable to the other party would generally be $120,000 before insurance limits and other applicable rules. If the rider is 70% at fault, the damages would be reduced by that percentage rather than being wiped out entirely under the normal principles of comparative negligence. Of course, the actual outcome will be determined by the law, the evidence, and the parties. Motorcyclists are generally excluded from Article 51 no-fault coverage. So it is important not to confuse an ordinary motorcycle negligence action with certain types of covered automobile accident actions.
Can you recover compensation if you were more than 50% at fault?
In a motorcycle negligence action under New York’s ordinary pure comparative negligence principles, an injured rider is generally entitled to recover the proportion of his damages which is attributable to the fault of another negligent party even where the rider is found to be more than 50% at fault. So a motorcyclist found 60% at fault in a collision may still recover 40% of the otherwise legally compensable damages from the other party (subject to the applicable rules). That doesn’t mean every lane-splitting claim will succeed, of course. The rider must show that the other party was negligent and that the other party’s negligence contributed to the injury. If the evidence shows the rider was the sole cause of the accident, there may be no negligence claim against the other driver. Insurance Law Article 51 requires a separate analysis for certain actions, but motorcycle occupants are generally outside that regime.
Can a driver be liable for changing lanes without looking?
Yes. A driver who makes an unsafe lane change without properly looking around may be deemed negligent if that lane change results in a collision with a motorcycle. NYVTL § 1128 generally requires a vehicle to remain in its lane as nearly as practicable and prohibits a driver from changing lanes until they have first ascertained that the movement can be made safely. A driver who makes a sudden lane change, crosses a lane line without checking their mirrors, or moves into the path of a motorcycle may breach that duty. That said, if the motorcycle was lane splitting, the rider’s unlawful position may also have contributed to the collision. The investigation would have to consider whether the driver had a reasonable opportunity to see the motorcycle, whether the lane change was sudden, and whether the rider had sufficient time to react. Both drivers’ actions could have contributed.
What if the driver failed to use a turn signal before changing lanes?
Failing to use an appropriate signal before changing lanes can support a negligence claim when that failure contributed to a motorcycle collision. Vehicle and Traffic Law §1163 requires drivers to signal when turning and when moving right or left onto a roadway. A driver who changes lanes without signaling effectively removes a vital warning to other road users about their intentions. That said, failing to signal does not, by itself, establish that the driver caused the accident. The motorcyclist’s position between the lanes, their speed, and their opportunity to see the vehicle’s movement will all be relevant. An attorney would need to consider whether the driver did signal, whether the signal was given in time to provide a real warning, and whether the collision would have occurred anyway even if the driver had signaled. CCTV, witness statements, and the vehicle’s movement will all be relevant.
What if a driver suddenly swerves into your motorcycle whilst you’re lane splitting?
A motorcyclist injured when a driver suddenly swerves into the rider’s path may have a negligence claim if the driver’s movement was unreasonable and contributed to the collision. A driver is expected to maintain reasonable control of their vehicle and be aware of the traffic around them before making any lateral movement. A swerve may result from distraction, an attempt to change lanes, avoiding another vehicle, or reacting to an unforeseen hazard on the road. The reason for the movement matters, as not every swerve will be deemed negligent. Where the rider was lane splitting, the rider’s breach of Vehicle and Traffic Law § 1252(c) may also be relevant. The investigator would consider the reason for the driver’s movement, the motorcycle’s speed and position, the space available, and whether either party had a chance to avoid the collision. An attorney would need to review the evidence before accepting the insurer’s assignment of fault.
Can you sue if a driver deliberately blocks your motorcycle whilst you’re lane splitting?
Yes. A driver who deliberately moves their vehicle into a motorcyclist’s path can be held liable if that conduct results in injury, even if the motorcyclist was unlawfully lane splitting. A motorist does not get the right to put another road user in danger simply because that road user is breaking a rule. A driver who sees a motorcycle coming between the lanes and deliberately swerves to cut it off creates a very serious hazard. That sort of conduct could be the basis of a negligence claim or other civil claim. Of course, you would have to prove it was intentional, and a sudden movement of a vehicle doesn’t necessarily mean it was deliberate. You would need evidence such as CCTV, witness statements, admissions, and the like to establish what the driver did. The motorcyclist’s actions may still affect the claims and damages available.
What if a driver opens a car door into your motorcycle whilst you’re lane splitting?
A motorcyclist who is injured when a driver or passenger opens a vehicle door into the path of the rider may have a claim under New York Vehicle and Traffic Law § 1214 and the applicable principles of negligence. § 1214 in general prohibits the opening of a vehicle door on the side which is available to traffic moving in that direction unless it is reasonably safe to do so and will not interfere with traffic. That duty may be applicable even where the motorcyclist was riding between lanes in violation of § 1252(c). The analysis of the incident will necessarily involve both parties’ conduct. The driver or passenger may have opened the door without looking for traffic, while the motorcyclist may have been operating in an area where motorcycles are prohibited. Photos, door damage, witness statements, and security camera footage may all help establish how the collision occurred. Comparative fault may reduce the recovery, but the motorcyclist’s own unlawful conduct does not preclude a claim.
Can a passenger who opens a door be liable in a lane splitting motorcycle accident?
Yes. A vehicle passenger can be legally liable for injuries resulting from negligently opening a door into the path of an approaching motorcycle. VTL § 1214 covers opening vehicle doors and their safety requirements and is not limited to the driver. A passenger who opens a door without first ensuring it is reasonably safe may be creating a hazardous obstruction. The passenger’s actions may be particularly significant when a motorcycle passes between vehicles in slow or stopped traffic. The rider’s lane-splitting violation may also have contributed to the collision and may affect comparative fault. Determining the liability of the vehicle owner, driver, employer, or any other party requires a separate analysis, and it would not be appropriate to assume that everyone connected with the vehicle is liable. An attorney would have to determine who opened the door and review all potentially relevant insurance policies.
What if the lane splitting accident actually happened in stopped traffic?
A lane split can happen even when the traffic around you is completely at a standstill, and that fact alone doesn’t mean it’s legal in New York. A motorcyclist can move between rows of stopped cars at an intersection or in a traffic jam and hit a door, a mirror, or a vehicle moving sideways. The rider’s violation of §1252(c) may be a factor in establishing fault, but the conduct of the other drivers and passengers will also be relevant. For instance, a driver who suddenly moves into a lane without checking the traffic around them could be a contributing factor. The motorcycle’s relatively low speed may affect the time available to react and the severity of any injuries, but it doesn’t make lane splitting legal. Surveillance video, traffic conditions, roadway measurements, and witness statements may all help establish the conduct of the various parties.
What if the motorcycle was traveling slowly between the cars?
Traveling slowly doesn’t make lane splitting legal in New York, but the motorcycle’s speed could factor into the comparative fault analysis. A rider going slowly between stopped vehicles will have a very different opportunity to see and react to hazards than a rider going at speed between moving cars. The ability of the surrounding driver to see and react to the motorcycle will also be affected by the speed and position of the vehicles. The insurer could argue that the rider’s unlawful position caused the accident, while the rider could argue that the other driver made an unsafe, sudden movement. Whether lane splitting contributed to the collision and whether the other driver was independently at fault will be central to the analysis. The low speed may be relevant, but it doesn’t automatically mean that the lane splitting was not a violation or that the rider was not at fault.
Can you sue after a lane splitting accident on the FDR Drive?
Yes, a motorcyclist injured in a lane-splitting incident on the FDR Drive could have a negligence claim if another driver’s actions contributed to the collision. The conditions on the FDR are such that, in heavy traffic with vehicles closely packed, very little shoulder, and a lot of lane changing, the situation can be extremely hazardous for a motorcyclist. Lane splitting is illegal, and a rider who splits lanes could be subject to a comparative fault claim. A driver who changes lanes without checking their blind spots or deliberately moves into the path of a motorcycle could be found negligent. The investigation would review the incident location, lane configuration, traffic conditions, the movements of the vehicles involved, and any available video evidence. Claims involving a roadway defect or a government vehicle may have additional legal requirements and time limits. An attorney should review the facts of the case rather than assume the rider’s lane splitting is the sole issue.
Can you recover compensation after a lane splitting accident on the BQE?
A motorcyclist injured while lane splitting on the BQE may have a claim if a negligent driver contributed to the collision. The BQE is a very congested highway with all sorts of vehicles merging in and out of lanes, and road conditions are constantly changing, which can lead to a driver moving into a lane unexpectedly. The motorcyclist’s lane splitting, however, is a breach of New York law and will affect the apportionment of fault. The driver’s conduct remains central. A sudden lane change, failure to signal, distraction, or even deliberate obstruction could form the basis of a negligence claim if it can be shown to have caused the collision. CCTV, the damage to the vehicles, witness testimony, and the actual road conditions may all be used to establish what happened. The rider should, of course, keep their bike and protective gear in case they help reconstruct the accident. The evidence, not where the accident occurred, will determine the claim’s outcome.
What if a truck hits you whilst you’re lane splitting?
A motorcycle lane-splitting collision with a truck could result in liability against the truck driver or other potentially liable parties if the driver’s negligence contributed. The large truck will have very limited visibility and will require a lot of space to change lanes and turn. A truck driver making an unsafe lateral movement without properly checking their surroundings would be negligent. The motorcycle may have been difficult to see, and its unlawful position may be relevant to comparative fault. The investigation would have to consider the truck’s mirrors and blind spots, its movement, its signaling, and the available reaction time. Where the driver was working, the employer may be liable under the relevant principles of law. Commercial insurers, electronic logs, onboard cameras and driver records may all be relevant. An attorney would need to review the truck’s operation and the rider’s position before deciding what claims may be available.
Can you sue a bus driver after a lane splitting motorcycle accident?
Yes. A motorcyclist injured in a collision with a bus may be able to bring a claim if the bus driver’s negligence contributed to the accident, even if the rider was lane splitting. Buses are a common sight in New York City’s congested traffic and often make wide turns, change lanes, and approach curbside stops. The bus driver is, of course, under a duty to exercise reasonable care, but the rider’s position in a prohibited lane may also be a factor. The claim could be against a private bus company or a public transit operator, and the operator’s identity matters because claims against a government or public authority may be subject to special notice requirements and shorter time limits. Onboard video, bus location data, dispatch records, and witness statements may all help establish the circumstances of the collision. An attorney must identify the correct defendant and act quickly to preserve the evidence.
Can you sue a taxi or rideshare driver after a lane splitting accident?
Yes. A taxi or rideshare driver can be liable when an unsafe lane change, sudden turn, negligent door opening, or other carelessness leads to a collision with a lane-splitting motorcycle. NYC taxis and for-hire vehicles are a major part of the city’s congested traffic and often stop for passengers and move between lanes at intersections. That doesn’t absolve the driver of their duty to watch out for traffic around them. The motorcyclist’s breach of the lane-splitting law may also factor into determining fault. Insurance coverage depends on the vehicle’s classification, the driver’s licensing status, and whether it is a commercial or rideshare vehicle. An attorney would review the driver’s actions, vehicle ownership, TLC information (where relevant), and the applicable insurance policies. CCTV and passenger testimony can be very useful when the parties disagree about whether the driver changed lanes or opened a door without warning.
What if another driver was distracted by a phone?
A distracted driver could be liable in a lane-splitting motorcycle collision if the distraction led to an unsafe maneuver or a failure to observe surrounding traffic. New York Vehicle and Traffic Law §§ 1225-c and 1225-d govern the use of mobile telephones and portable electronic devices while driving. A driver looking at his phone rather than his mirrors may make an unsafe lane change or drift into the path of the motorcycle. Of course, the driver must be shown to have been distracted and that the distraction contributed to the accident. The rider’s own illegal lane splitting will still be a factor and may reduce the recovery. Evidence may include witness testimony, admissions, video footage, and other legally obtainable electronic records. A driver cannot be presumed distracted just because he failed to see the motorcycle. A factual investigation must determine what both parties did.
What if the motorcycle rider was also speeding?
Speeding could increase the motorcyclist’s comparative fault if the speed contributed to a lane-splitting collision. A motorcyclist traveling at speed between the cars would have less time to react to a door opening, a lane change, or some other movement. The car driver would also have less opportunity to see the motorcycle. The insurer will, of course, have to back up any claim that the motorcyclist was traveling at an excessive speed and that this was a contributory factor. The motorcyclist’s unlawful position in the lane and the alleged speeding are separate issues and shouldn’t automatically be equated with sole responsibility. The other driver may have also made an unsafe move or broken a traffic law. CCTV, physical evidence, road measurements, and accident reconstruction can all be used to establish the motorcycle’s speed and whether it contributed to the collision. Fault should be based on the evidence, not assumptions about what the motorcyclist did.
Does riding without a helmet affect a lane splitting accident claim?
NY generally requires both motorcycle operators and passengers to wear an approved protective helmet under Vehicle and Traffic Law § 381. A rider’s failure to wear a helmet may be relevant to the damages calculation where the evidence shows a legally sufficient link between the failure to wear a helmet and the particular injuries sustained. The fact that a rider didn’t wear a helmet does not, of itself, establish that the rider caused the collision. How the collision occurred is a separate issue from whether using protective equipment could have mitigated the extent of a particular injury. For instance, a helmet may be relevant to a claimed head injury but would be less relevant to a fractured ankle caused by the collision itself. Any argument as to the extent to which an injury could have been mitigated would require appropriate legal and medical support. An attorney would need to separate comparative fault in causing the accident from the extent to which the injuries could have been avoided.
What injuries are common in motorcycle lane splitting accidents?
Motorcycle lane-splitting accidents can result in serious injury, as the rider can be hit from the side, thrown into the vehicle next to them, or thrown onto the road. Injuries are common and can include broken wrists, shoulder fractures, clavicle fractures, knee injuries, pelvic fractures, TBI’s, spinal injuries, internal injuries, and severe road rash. The rider can become pinned between two vehicles or struck by a truck, bus, or car door. Some injuries will require surgery, ortho hardware, skin grafts, and extensive rehab. Others will result in permanent mobility restrictions, chronic pain, scarring, and an inability to go back to physically demanding work. Medical records, imaging, surgical reports, and the treating physician’s opinion are all important in establishing the extent of the injuries. The rider’s long-term prognosis and future treatment needs must be assessed before settlement.
Do you have to prove a serious injury after a lane splitting motorcycle accident?
Motorcycle operators and passengers generally don’t have to meet New York’s Insurance Law Article 51 serious injury threshold to pursue pain and suffering damages in an ordinary motorcycle negligence claim. The statute expressly excludes motorcycles from the definition of motor vehicle, and motorcycle occupants generally don’t get ordinary No-Fault benefits. However, there is no serious injury threshold to satisfy, so you still have to prove negligence, causation, and damages. In a lane-splitting accident, the rider must show that the other driver’s negligence contributed to the collision and that the claimed injuries resulted from that collision. The rider’s own traffic violations may affect comparative fault. Medical records, diagnostic imaging, treatment history, and evidence of any lasting limitations will be relevant in establishing the value of the claim. A serious injury can support a large amount of damages, but it doesn’t, by itself, establish the other driver’s responsibility.
Who pays the medical bills after a motorcycle lane splitting accident?
Medical bills after a motorcycle lane-splitting accident will likely be paid first through private health insurance, Medicare, Medicaid, or any applicable optional medical payments coverage. The motorcycle operator and passenger are normally excluded from the standard No-Fault Personal Injury Protection benefits available in New York. The other driver’s bodily injury liability insurance will ultimately be the source of payment if it is established that the other driver was at fault and the rider has a recoverable claim. Liability insurance will not, however, pay the medical bills automatically whilst the claim is being processed. Comparative fault will reduce the amount of damages you can recover from the at-fault driver. A rider without health insurance will be in a very difficult position when it comes to treatment and billing. An attorney should review available coverage, keep a careful record of all medical expenses, and assess any potential liens or reimbursement claims. Future treatment (if the injuries likely require further surgery or rehab) should also be factored in.
Can You Recover Lost Wages After a Lane-Splitting Motorcycle Accident?
Yes. An injured motorcyclist may pursue compensation for lost earnings and diminished earning capacity when another party’s negligence contributed to the accident and caused work-related losses. However, the rider’s comparative fault may reduce the amount recoverable. Motorcycle occupants generally do not receive ordinary No-Fault wage-replacement benefits, making the loss of income particularly difficult after a serious collision. A rider who suffers fractures, spinal injuries, or traumatic brain injuries may be unable to work for an extended period. Documentation may include employer records, tax returns, pay statements, medical disability notes, and evidence of work restrictions. Self-employed riders may need to provide additional financial records. In cases involving permanent disability, vocational and economic expert evidence may help establish future earning losses. An attorney should evaluate both the immediate interruption of employment and the long-term effect on earning capacity.
Can You Recover Pain and Suffering After an Illegal Lane-Splitting Accident?
Yes. A motorcyclist who was illegally lane-splitting may still pursue compensation for pain and suffering when another party’s negligence contributed to the collision. The traffic violation may affect comparative fault, but it does not automatically eliminate the claim. Pain-and-suffering damages may include physical pain, emotional distress associated with the injuries, permanent disability, disfigurement, and loss of enjoyment of life. Motorcycle operators and passengers generally are not subject to the ordinary Insurance Law Article 51 serious-injury threshold. However, the rider must establish the accident-related injuries and legally recoverable damages. Compensation depends on medical evidence, injury severity, lasting limitations, liability allocation, and available insurance coverage. An attorney should document the rider’s treatment, prognosis, and daily limitations while addressing the insurer’s allegations concerning lane splitting.
What Evidence Can Prove a Driver Was Negligent in a Lane-Splitting Accident?
Evidence of a driver’s negligence may include surveillance recordings, witness testimony, photographs, vehicle damage, roadway markings, and information concerning the driver’s movements before the collision. Video may show a sudden lane change, failure to signal, door opening, or deliberate movement into the motorcycle’s path. Witnesses may describe whether the driver checked mirrors or whether the motorcycle was traveling slowly between stopped vehicles. Vehicle damage and impact locations may help establish the sequence of events. In contested cases, accident reconstruction may help evaluate speed, visibility, and reaction time. The rider’s lane-splitting violation should also be examined because it may affect how responsibility is allocated. An attorney should seek evidence concerning both parties rather than relying solely on a police report or the insurer’s initial conclusion.
What if the Police Report Says the Motorcycle Rider Caused the Accident?
A police report assigning fault to the motorcyclist does not automatically determine civil liability. Officers may arrive after the collision and rely on statements from the parties and witnesses. The report may accurately document that the rider was lane splitting, but that fact does not necessarily establish that no other driver was negligent. For example, the report may omit evidence that a motorist made an abrupt lane change without checking mirrors or opened a door into the motorcycle’s path. Surveillance footage, witness testimony, vehicle damage, and other physical evidence may support a more complete account. An attorney should distinguish the officer’s direct observations from statements attributed to others and conclusions based on limited information. The ultimate allocation of fault depends on the admissible evidence and applicable law, not solely on the report’s narrative.
Can an Insurance Company Deny Your Claim Because Lane Splitting Is Illegal?
An insurance company may dispute or deny a motorcycle injury claim by alleging that the rider’s illegal lane splitting caused the accident. Still, the insurer’s decision is not necessarily the final legal determination. The insurer may argue that the rider was in an unexpected position between vehicles or failed to exercise reasonable care. However, the court must also examine the driver’s conduct. If the driver made an unsafe lane change, opened a door negligently, or deliberately moved into the motorcycle’s path, the driver may share responsibility. In an ordinary motorcycle negligence action governed by pure comparative fault, the rider’s negligence generally reduces otherwise recoverable damages rather than automatically eliminating the claim. An attorney should review the denial, investigate the evidence, and determine whether the facts support the insurer’s allocation of responsibility.
Can You Sue if You Were Ticketed for Lane Splitting?
Yes. Receiving a traffic ticket for lane splitting does not automatically prevent an injured motorcyclist from pursuing a personal injury claim against another negligent driver. A citation may provide evidence concerning the rider’s conduct, and the outcome of the traffic proceeding may have legal significance depending on the circumstances. However, the ticket does not necessarily establish that the rider was solely responsible for the collision. A driver who made an unsafe lane change or otherwise acted negligently may still bear responsibility. The attorney should review the citation, any plea or disposition, and the accident evidence before evaluating its effect on the civil claim. Statements made in connection with the traffic proceeding may also become relevant. The rider should not assume that paying a ticket resolves the separate questions of negligence, causation, and damages in the personal injury case.
How Long Do You Have to File a Lane-Splitting Motorcycle Accident Lawsuit?
Most negligence-based motorcycle accident personal injury lawsuits in New York must be commenced within three years under CPLR § 214(5), but shorter deadlines may apply when governmental entities or public authorities are involved. A collision with a New York City vehicle or certain public vehicles may require a Notice of Claim within 90 days and compliance with a shortened limitations period. Wrongful death claims generally must be commenced within two years of death, subject to applicable law. Insurance claims may also involve separate notice requirements, particularly when an uninsured or underinsured driver is involved. Receiving a traffic citation does not ordinarily extend the civil filing deadline. Because surveillance footage may be overwritten and witnesses may become difficult to locate, an injured motorcyclist should seek legal guidance promptly rather than waiting for a traffic proceeding or insurance investigation to conclude.
What Should You Do After a Motorcycle Lane-Splitting Accident?
After a lane-splitting motorcycle accident, the injured rider should obtain medical treatment, report the collision, and preserve available evidence. When safe, take photographs of the motorcycle, surrounding vehicles, lane markings, roadway conditions, vehicle damage, and visible injuries. Record witness information and nearby surveillance camera locations promptly. The rider should retain the police report, traffic citation, medical records, insurance correspondence, and damaged protective equipment. Preserve the motorcycle if its condition may assist accident reconstruction. Injured riders should avoid speculating about fault or accepting an insurer’s assertion that illegal lane splitting automatically eliminates the claim. An attorney can investigate whether another driver made an unsafe movement, determine the applicable comparative-fault principles, and evaluate available insurance coverage and damages.
How Can a New York City Motorcycle Accident Lawyer Help With a Lane-Splitting Claim?
A New York City motorcycle accident lawyer can investigate the collision, examine the rider’s lane-splitting conduct, identify other drivers’ negligent actions, and evaluate how comparative fault may affect compensation. The attorney may obtain surveillance footage, interview witnesses, review traffic citations, analyze vehicle damage, and work with appropriate experts when liability is disputed. Counsel can also investigate available liability insurance, commercial coverage, and supplementary uninsured/underinsured motorist benefits. Because motorcycle riders generally do not receive ordinary No-Fault benefits, the attorney should consider medical billing issues, lost earnings, and potential reimbursement claims. The objective is to establish each party’s legally supported share of responsibility and pursue compensation for injuries caused by another person’s negligence. Early legal representation can help when an insurer tries to deny the claim solely because the rider was traveling between lanes.
Why Choose Greenstein & Pittari, LLP?
Motorcycle lane-splitting accidents often involve disputed liability and insurance companies that immediately blame the injured rider. Because lane splitting is prohibited in New York, insurers may try to use the violation to deny compensation without fully investigating the other driver’s conduct. At Greenstein & Pittari, LLP, our attorneys understand that a traffic violation does not automatically resolve every negligence claim. We examine the entire accident, including unsafe lane changes, distracted driving, sudden vehicle movements, door openings, roadway conditions, and other factors that may have contributed to the collision.
Our firm brings decades of experience representing injured New Yorkers in serious personal injury cases. We thoroughly investigate motorcycle accidents, preserve available surveillance footage, obtain witness statements, review police reports, and evaluate the medical consequences of serious injuries. When necessary, we work with qualified experts to address disputed liability and accident reconstruction issues. Our attorneys understand that motorcycle collisions may cause fractures, traumatic brain injuries, spinal damage, permanent disability, and extensive medical expenses. We prepare cases with an emphasis on detailed evidence, aggressive negotiation, and trial readiness when insurance companies refuse to resolve claims fairly.
We also believe that injured clients deserve responsive communication, personal attention, and clear explanations of their legal options. Greenstein & Pittari, LLP serves motorcycle accident victims throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, and Westchester County. Our English-
and Spanish-speaking staff help make legal representation accessible, and clients can communicate with our team by phone, text, email, or through a secure client portal. We are committed to treating clients with respect and keeping them informed throughout the legal process.
If you were injured in a motorcycle accident while riding between lanes of traffic, do not assume that an insurance company’s accusation of illegal lane splitting means you have no case. Our attorneys can investigate the accident, identify negligence by other parties, evaluate the applicable comparative-fault rules, and explain the compensation that may be available.
Call Greenstein & Pittari, LLP at 1-800-VICTIM2 (1-800-842-8462) for a free consultation, available 24/7.
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