While it might be enticing to weave your way through bumper-to-bumper traffic in New York City by driving between lanes, it’s against the law. Lane splitting, as this practice is commonly referred, can also be dangerous and, if you get involved in an accident, potentially limit your ability to recover compensation for your medical treatment, property damage, lost income, and other damages.
What Is Lane Splitting?
Lane splitting refers to riding a motorcycle between two marked lanes of traffic to bypass other vehicles. In New York City, which ranks first for congestion and travel time, motorcyclists might think about lane splitting to avoid sitting in traffic behind larger vehicles.
In New York, lane splitting is prohibited under Section 1252 of the Vehicle and Traffic Law. Section 1252(c) clearly states that “No person shall operate a motorcycle between lanes of traffic or
between adjacent lines or rows of vehicles.”
New York’s lane splitting law does not prohibit motorcyclists from sharing the same lane of traffic. Two motorcyclists can ride abreast in one lane. If you risk it and try to cut down on your travel time through Manhattan, the Bronx, Queens, Brooklyn, and/or Staten Island, you could get a ticket and face fines of up to $150 – along with points on your license and possible jail time, especially if you’ve been cited for lane splitting in the past.
Is Lane Splitting Dangerous?
Research is divided on whether lane splitting is safe or dangerous. In truth, there are probably some safety benefits and risks when motorcyclists ride between lanes of traffic. Lane splitting is often considered dangerous because:
- Drivers might not see motorcyclists in their mirrors and crash into them when changing lanes
- Motorcyclists might not see a pedestrian attempting to cut across stopped traffic
- Crash risks can increase if riders speed between stopped vehicles
- Motorcyclists put themselves in closer proximity to other vehicles, which can reduce stopping stop and increase the chances of severe injury in an accident
- Riders might have less time to react to sudden changes in traffic movement
Speed is often the most critical issue when it comes to lane splitting safety. Riders who split lanes at high speeds are at a greater risk of accidents, injuries, and deaths than riders who split lanes cautiously.
Lane Splitting Can Prevent You from Getting Compensation After a Motorcycle Accident in NYC
Motorcyclists who get into traffic accidents while splitting lanes can suffer severe physical injuries, including burns, road rash, crushing injuries, spinal cord injuries, brain injuries, and amputations. Since New York’s PIP requirement doesn’t apply to motorcyclists, an injured rider can seek compensation for their economic
and non-economic damages from a liable third party – such as a negligent motorist, a vehicle manufacturer, or the City itself. However, the act of lane splitting is against the law. As a result, riders would be considered negligent per se. In other words, they violated a traffic safety law intended to prevent the kind of harm that occurred. As a result, the rider’s contributory negligence would impact any related claims for damages.
Let’s say you’re stuck in traffic in New York City and see your turn up ahead. You decide to ride between lanes of traffic since it’s not that far away. However, the lane to your right starts moving and a vehicle to your left decides to change lanes. Whether or not that motorist checked their mirrors before moving, you’d bear some responsibility for the crash because you were in violation of New York traffic laws. If you’re assigned 50 percent of the blame for the motorcycle accident, your settlement or jury award would be reduced by 50 percent.
Similarly, if you hit a lane-splitting motorcyclist in New York City, their shared fault would reduce your financial obligations to them for any injuries they suffered in the collision.
If you’ve been involved in a motorcycle accident in New York City while lane splitting or with a lane splitting motorcyclist, call The Platta Law Firm for a free consultation. Our NYC motorcycle accident lawyers can listen to your story, answer your questions, and help you understand your potential legal options. Our team offers 150+ years of combined experience and a multi-million-dollar track record of success. We’re ready to help you fight to advance your best interests after a motorcycle accident, too.
