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.
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.
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.
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.
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:
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.
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:
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.
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.
Motorcyclists split lanes for a variety of reasons, which can include the following:
However, no matter the reason for a motorcyclist splitting lanes, their decision to drive between vehicles is illegal.
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:
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.
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.
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.
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:
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.
After this type of misfortune, an experienced personal injury lawyer can provide critical assistance in several ways:
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.
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.
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.