Lane Splitting in Illinois: Is It Legal, and How Does It Impact Motorcycle Accident Claims?

If you ride a motorcycle, you undoubtedly know what “lane splitting” is, and you should know that it is illegal under 625 ILCS 5/11-703. You may even be under the mistaken belief that you are not entitled to compensation if you are injured in a motorcycle accident while you were lane splitting. Although insurance adjusters often tell injured parties that a lane splitting traffic violation negates their right to compensation, Mississippi law says otherwise. Under the doctrine of comparative negligence, a ticket for lane splitting does not automatically absolve a negligent car driver from responsibility for an accident.

The “Illegal” Label vs. Liability

If you were in an accident, and you received a ticket for lane-splitting, it is important to clarify what that ticket is and what it is not. Lane splitting is a traffic violation in Illinois. It is not a criminal offense, nor does it automatically make you legally liable for a collision. Think of lane splitting the same way you would view speeding or failing to signal a lane change. It can be a contributing factor in a car crash, but there may be additional, more significant, contributing factors as well.

Illinois’ Modified Comparative Negligence (The 51% Rule)

To successfully pursue a motorcycle accident lawsuit, an injured party must prove that another party’s negligence caused or contributed to the crash to be entitled to compensation. Negligence, in legal terminology, is proven by showing that a party breached a legal duty of care owed to you and that the breach caused your injuries. Although one party can be 100 percent responsible for an accident, it is often the case that two or more parties share responsibility for a collision. When that is the case in Illinois, a modified comparative negligence rule applies. Under Illinois law, you may still be entitled to compensation for injuries sustained in a motorcycle crash even if your own negligence contributed to the collision, as long as your share of the fault is 50 percent or less. Your settlement or award is reduced proportionately if your own negligence contributed to the crash. By way of illustration, imagine that you were lane splitting at the time of a motorcycle crash and your damages total $100,000. If your lane splitting is 20 percent responsible for the collision, your damages award would be reduced by 20 percent to $80,000. The important thing to understand is that you would still get paid as long as your contribution to crash does not exceed 50 percent.

The “Proximate Cause” Argument

In an Illinois motorcycle accident that involves a traffic ticket for lane slipping, the insurance company for the at-fault party often argues that the motorcyclist’s own negligence caused the crash. Specifically, they focus on the “proximate cause” element necessary to prove negligence and argue that the lane-splitting caused the crash. At Paul Padda Law, we fight these claims by asking: “Did the lane splitting actually cause the crash?” If a drunk driver turned left directly in front of you, the fact that you were splitting lanes moments before the crash might be irrelevant to a determination of the cause of the collision. We do not let insurance companies get away with shifting the blame if your minor traffic violation did not, in fact, cause the crash.

Sudden Lane Changes & Blind Spots

Although a motorcycle accident can happen under an endless number of circumstances, sudden lane changes and blind spots are common contributing factors when the driver of another vehicle is at fault. Motorists navigating the gridlock on the Kennedy or I-290 often make sudden lane changes without signaling or checking their mirrors. If a motorcyclist was visible, but the driver failed to even look, the driver is at fault. Similarly, if a motorcycle is in a car’s blind spot, and the driver changes lanes without signaling, the driver is at fault because the motorcyclist had no warning of the impending lane change.

Lane Splitting vs. Lane Sharing

If you ride a motorcycle, you likely understand the difference between lane splitting and lane sharing, but insurance adjusters often confuse the two. Lane splitting occurs when a motorcyclist rides between two lanes, usually when traffic is slowed or stopped. Lane sharing occurs when two motorcycles share the same lane. Lane splitting is not legal and can result in a traffic violation citation. Lane sharing, on the other hand, is perfectly legal in Illinois. Do not let an insurance adjuster insinuate that you were negligent if you were lane sharing, given that it is a perfectly legal, and common, practice.

“Dooring” Accidents in the Loop

Riding around the Loop in downtown Chicago exposes motorcycle riders to a unique hazard known as a “dooring” accident, which occurs when a parked driver opens a vehicle door directly into your path. On the congested streets of downtown Chicago, filtering between lanes is a common practice. Although you may be guilty of lane splitting under these circumstances, a motorist who opens a door into your path may still be held legally liable for the accident because, under Illinois law, drivers have a strict duty to check for approaching traffic before opening a door.

Evidence That Saves Your Claim

If you find yourself involved in a lane splitting motorcycle crash in Illinois, identifying, locating, and protecting evidence that may help you prove your claim against the at-fault driver is crucial. A Paul Padda Law, we launch an immediate investigation looking for relevant dashcam footage from vehicles involved in the collision as well as witness vehicles. We may also be able to use traffic cam video, doorbell video footage, or even security footage from businesses near the crash site. We also look at cell phone records to determine if the other party was using their phone just before or during the crash. Crucial evidence such as this can dramatically shift the blame away from you and onto the driver of the vehicle.

Contact Paul Padda Law

The bottom line is that receiving a ticket for lane slipping at the scene of a crash does not preclude you from pursuing a claim against the other driver. It simply means that you need a clear and concise legal strategy that proves the other driver was predominantly to blame for the collision. Never accept a denial of claim letter as the final word if you were injured in a motorcycle crash. Contact the Chicago Recovery Team at Paul Padda Law to analyze the crash report for free.