Lane splitting — a motorcyclist riding between lanes of slow-moving or stopped traffic — is considered a dangerous practice. The maneuver increases the risk of collisions by placing motorcycles in narrow spaces between larger vehicles, where drivers may not expect them. A driver who is injured after engaging in lane splitting faces challenges in recovering compensation.

In Indiana, lane splitting is illegal. According to Ind. Code § 9-21-10-6, “a vehicle may not be driven or operated in a manner that deprives another vehicle of the full use of a traffic lane.” This statute implicitly prohibits riding between lanes of traffic, as it prevents other motorists from enjoying unobstructed access to their designated lanes. Lane splitting is distinguishable from motorcyclists riding two abreast in a single traffic lane, which is legal if both riders consent.

Lane splitting is frequently cited as a contributing factor in motorcycle accidents. The practice increases the risk of collisions for several reasons. First, drivers of larger vehicles often fail to anticipate motorcycles passing between lanes, leading to sudden, unexpected movements that can result in crashes. Second, the limited space between lanes reduces the margin for error, making it more likely for motorcyclists to collide with vehicles or be struck by drivers changing lanes without adequate clearance. Additionally, narrow gaps limit a rider’s ability to swerve or brake quickly, increasing the likelihood of accidents.

In cases where lane splitting contributes to a motorcycle accident, the concept of comparative negligence becomes important in determining liability and the extent of damages recoverable. Indiana follows a modified comparative negligence rule, meaning an injured motorcyclist can recover damages only if their share of fault is less than 51%. If the motorcyclist’s conduct—such as lane splitting—is found to have significantly contributed to the accident, their percentage of fault will be considered when awarding compensation. For instance, if a court determines that a motorcyclist was 40% at fault for an accident, their total damages would be reduced by that percentage. However, if the motorcyclist’s fault reaches 51% or more, they are barred from recovering any damages.

An experienced motorcycle accident attorney can help establish an injured motorcyclist’s right to damages despite having engaged in lane splitting. Attorneys can gather evidence, including eyewitness accounts, traffic camera footage, and expert testimony, to challenge claims that lane splitting was the primary cause of the accident. They can also argue that other factors, such as a driver’s failure to check blind spots or use turn signals, were more significant contributors to the collision. This can help reduce the motorcyclist’s percentage of fault, maximizing the compensation available.

The law firm of Rubino, Ruman, Crosmer & Polen in Dyer, Indiana, has extensive experience handling motorcycle accident cases. Their knowledgeable attorneys can evaluate the circumstances of the accident, provide strategic advice, and advocate for the best possible outcome for injured motorcyclists under Indiana’s comparative negligence law. Set up a free initial consultation by calling 219-227-4631 or by contacting us online.