Is Lane Splitting Legal in Indiana?

May 8

Motorcycles are unique vehicles with abilities that aren’t afforded to regular passenger vehicles. With only two wheels, they are smaller and able to move more quickly into spaces that other motor vehicles can’t. One example of this is lane splitting. Motorcycles, being smaller than other vehicles on the road, can move between lanes of traffic. This is called lane splitting and is legal in some states when traffic stops or moves slowly. 

If you or someone you love was involved in a lane splitting accident in Indiana, it’s essential that you contact a knowledgeable motorcycle accident attorney for help as soon as possible. 

Lane Splitting Defined

The National Highway Traffic Safety Administration (NHTSA) defines lane splitting as when a motorcyclist travels “between lanes of stopped or slow-moving cars.” Scooter riders and some other motorists may also practice lane splitting, which is legal in some states but not in Indiana.

Is Lane Splitting Legal in Indiana?

No, lane splitting is not legal in Indiana. Lane splitting, the practice of riding a motorcycle between road strips of stopped or slow-moving traffic, is only permitted in a few states, such as California. Under IC § 9-21-10-6, drivers on Indiana roads are entitled to the “full use of a traffic lane” they are legally occupying. While it’s legal for two motorcyclists to operate side-by-side in one lane, splitting lanes is against the law.

However, the state has strict traffic laws that do not allow bikers to ride between paths or pass other vehicles in the same way. This can be a dangerous practice, often leading to misfortunes that leave both automobilists and motorists seriously injured.

At Blackburn Romey, we understand the complexities of these cases, especially those involving lane splitting. If you’ve been in a collision in Indiana, our experienced attorneys are here to help you pursue the compensation you may deserve.

Dangers of Lane Splitting: Potential Injury Claims

Since it is illegal, any motorcyclist caught doing it can face traffic citations and legal consequences. Beyond fines, this can also lead to serious tragedies that result in personal injury claims.

In many instances, it can decrease the reaction time for both bikers and drivers. Motorcycles are smaller and less visible to other road users, particularly when weaving between cars. This diminished visibility, combined with the unpredictability of the situation, heightens the risk of collisions. For example, if an operator opens their car door or suddenly swerves without noticing the motorcycle, it can easily lead to a collision.

Because Indiana law prohibits this scenario, if you’re involved in an incident while lane splitting, you may be considered at fault. However, every circumstance is different, and there are cases where the other driver may share partial liability.

Common Lane Splitting Accidents

This often leads to various ordinary motorcycle mishaps, many of which result in serious harm to the rider. Some of the most frequent types of these events include:

  1. Side-swiping accidents: They happen when a car changes sideways without noticing a motorcycle traveling between them. The driver may clip the bike, causing the rider to lose control or crash, potentially resulting in serious injuries.
  2. Rear-end collisions: If a motorcyclist is filtering their way and traffic suddenly stops or slows, the vehicle may be rear-ended by a driver who is caught off guard by their presence between the roads.
  3. Doored accidents: A car user may open their car door while stopped in traffic, unaware that a motorcycle is swaying their way. When the door opens unexpectedly, the biker may collide with it, which can lead to significant injuries.
  4. Merging accidents: Motorists merging into traffic may not anticipate a motorcycle traveling between paths, increasing the risk of hitting the rider while attempting to change roads. Awareness of these potential hazards is crucial for both users to prevent these scenarios.

These situations are perilous for motorcyclists, who are more vulnerable than drivers inside vehicles. Impairments from these misfortunes can include broken bones, head trauma, spinal cord damage, and, in the worst cases, fatalities.

For more information about the risks of lane splitting, you can visit Forbes.

What to Do After a Lane Splitting Accident

If you’ve been involved in an incident of this nature while riding a two-wheel vehicle, it’s vital to take the following steps to protect your rights and your claim:

  1. Seek medical attention: Some injuries may not be immediately apparent, even if you feel fine. Getting a complete medical evaluation helps verify that your health has been assessed correctly.
  2. Document the accident scene: Take photos of the scene, your motorcycle, and any other vehicles involved. If possible, gather witness statements.
  3. Call the police: Always file a police report. This document can be crucial when determining liability in a compensation claim.
  4. Contact your insurance company: Report the event to your insurer, but be cautious when discussing details. It’s often best to consult with a lawyer before providing a detailed statement.
  5. Consult a personal injury attorney: Legal guidance is key to dealing with the aftermath of a motorcycle mischance, especially when lane wavering may complicate fault.

Following these steps can strengthen your request and give you the best possible chance of securing the indemnity you may need for medical bills, lost wages, and other damages.

Determining Liability in Lane Splitting Accidents

In Indiana, since lane splitting is illegal, motorcyclists involved in these accidents are often deemed partially or fully at fault. Nonetheless, liability isn’t always straightforward, and there are cases where the other driver may also share responsibility. The state operates under a comparative fault system, meaning that you can still recover damages even if you are somewhat liable for the event. However, your recovery may be reduced by your percentage of responsibility.

For instance, if a motorist suddenly changes roads without signaling and hits a swerving motorcyclist, the court may determine that both parties were negligent. In such cases, the two-wheel user may still be able to recover a portion of the damages, but that amount might be reduced based on their degree of fault.

To address the complexities of determining liability in these cases, working with a legal team that understands the nuances of these situations and Indiana’s traffic laws is essential. For more insights on dealing with these incidents, you can check Motorcycles Data.

Why do Motorcyclists Split Lanes?

Motorcyclists split lanes for a variety of reasons, which can include the following:

  • Their motorcycle is narrow enough to fit between neighboring vehicles.
  • They believe that they can split lanes without causing an accident.
  • Lane splitting allows them to avoid traffic.
  • They experience a positive emotion, such as exhilaration, when driving between other vehicles.
  • They experience an emotion, such as rage or frustration, that compels them to split lanes when they wouldn’t under other circumstances.

However, no matter the reason for a motorcyclist splitting lanes, their decision to drive between vehicles is illegal.

The Dangers of Lane Splitting

Lane splitting presents potentially dangerous situations to the motorcyclist, other motorists, and pedestrians on or near the road. When riders decide to split lanes, they count on other motorists to act predictably, cautiously, and attentively. Unfortunately, operating under this assumption comes with many risks.

Lane splitting is illegal in Indiana due to these risks. For example, it can cause a motorcycle accident when and if:

Other Motorists Changing Lanes

Suppose another motorist switches lanes without the lane-splitting motorcyclist anticipating it. In that case, the motorcyclist may collide with the vehicle while it’s changing lanes.

A Biker Loses Control of Their Motorcycle

Bikers reduce their margin for error when they decide to split lanes. They have plenty of room when traveling only in their own traffic lane. However, when they split lanes, the motorcyclist is exceptionally close to vehicles on both of their sides. If they lose control of their bike, the risk of an accident is extreme.

Someone Opens a Vehicle Door

Legal or not, other motorists and their passengers sometimes open their doors when they are in stand-still traffic. 

It’s always reasonable for someone inside a vehicle to check their mirrors and blind spots before opening a door, but unfortunately, they don’t always do so. A lane-splitting motorcyclist may hit the open door of a vehicle, causing a severe accident.

Can You Receive Compensation After a Lane-Splitting Accident?

Suppose another party’s negligence caused you harm. In that case, you might be able to receive compensation for your damages after a lane-splitting accident. Our experienced Indiana motorcycle accident lawyers can review the details of your accident and injuries to determine what you might be entitled to recover. Your recoverable damages after a lane-splitting accident may include the following:

  • Medical diagnosis and treatment: You shouldn’t have to pay for any medical care that was necessary due to another person’s negligence. 
  • Pain and suffering: Accident victims deserve financial compensation for their pain, trauma, and other types of suffering, including any scarring or disfigurement.
  • Lost wages: If you can’t go to work or earn your wages due to medical appointments or the severity of your injuries prevents you from going to work, you deserve compensation for your lost wages and income.
  • Lost earning power: Sometimes severe accidents prevent victims from returning to their pre-accident employment. In addition to current lost wages and income, an injury settlement or civil judgment may compel the liable party or their insurance company to replace the difference between your pre- and post-accident earning power.
  • Vehicle damages: The liable party to a motor vehicle accident may also be held accountable for repairing or replacing your damaged vehicle.
  • Wrongful Death: Sadly, sometimes, lane splitting causes death in motorcycle accidents. If you lost a loved one in such an accident, you could recover wrongful death damages for your loss in such an accident.

Liability in Lane Splitting Accidents

The motorcyclist who splits lanes may be liable for a resulting accident. However, each motorcycle accident has its unique circumstances. For instance, liability is often more complex if the other motorist involved in the accident was negligent, such as distracted driving or drunk driving. Whether you are a motorist, motorcyclist, or another party impacted by a lane-splitting collision, your Indiana motorcycle accident attorney can explain whether you might deserve compensation for your damages. If so, they can help you pursue them.

How Can an Attorney Help You After a Lane-splitting Accident?

After this type of misfortune, an experienced personal injury lawyer can provide critical assistance in several ways:

  1. Assessing fault: Determining liability in these accidents can be tricky. A lawyer can investigate the details of your case, review evidence, and work to show that the other party was partially responsible.
  2. Negotiating with insurance companies: Providers often try to minimize payouts, especially in cases involving illegal maneuvers. An attorney can advocate on your behalf to pursue the maximum compensation available for your damages.
  3. Filing a lawsuit: If negotiations with the insurers are unsuccessful, your juridical team can file for litigation and represent you in court to protect your rights.

Contact Blackburn Romey for Legal Assistance

The legal team at Blackburn Romey has extensive experience handling motorcycle injury cases in Indiana. If you’ve been damaged in a lane-splitting accident, our South Bend motorcycle accident attorneys are ready to assist you in pursuing the compensation you may deserve for your medical bills, lost wages, pain and suffering, and more. Contact us today to discuss your case.

Tom Blackburn

Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.