Lane splitting is a common topic of debate among riders, drivers, and lawmakers. While this maneuver is legal in some parts of the world, its status varies significantly across U.S. states. If you’re a motorist in New York, it’s crucial to know whether lane splitting is permitted, what risks are involved, and what legal consequences could follow.
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Lane Splitting Is Illegal in New York
In New York State, lane splitting is explicitly illegal under Vehicle and Traffic Law § 1252. This law prohibits motorcycle riders from passing between lanes of traffic or between adjacent rows of vehicles. In other words, even if traffic is at a standstill, riding between cars is not allowed.
Due to the traffic in specific areas of the State of New York, motorcyclists may find lane splitting tempting. Wanting to move ahead, not having to keep their balance while waiting for long periods of time in standstill traffic, could cause them to want to cut through the lanes of traffic.
If a motorcyclist is caught lane splitting, he or she can receive a traffic citation, fines, and points on his or her license. More importantly, if an accident occurs while lane splitting, the motorcyclist could be found at fault. This legal reality not only affects traffic violations but also impacts personal injury claims in the event of a crash.
Why Lane Splitting Is Controversial
Lane splitting is a controversial topic because of conflicting views on safety. Advocates argue that it helps reduce congestion, lowers the risk of rear-end collisions, and allows motorcycles to keep engines cooler in traffic. Critics, however, believe it’s unsafe due to the reduced visibility of motorcycles and the unpredictability of car drivers.
A 2015 study funded by the California Office of Traffic Safety found that lane-splitting motorcyclists were significantly less likely to suffer head injuries (by 8 percent) or torso injuries (by 10 percent) in traffic accidents compared to those who didn’t lane split.
The same study noted that riders who lane split responsibly—at less than 10 mph above surrounding traffic—had better safety outcomes. This suggests that, when done under the right conditions, lane splitting may actually decrease the severity of certain injuries.
Despite these findings, New York has not adjusted its legal stance. The state maintains that the maneuver poses unnecessary risks to both riders and drivers in dense urban traffic. Whether on the open road or in city traffic, lane splitting is not permitted in New York.
Safety Risks for Motorcyclists in New York
New York’s roads, especially in metropolitan areas like NYC, are known for heavy congestion and aggressive driving. In these environments, drivers frequently change lanes without signaling, creating dangerous conditions for motorcycles. Because of the close proximity of vehicles, lane splitting can easily result in collisions.
The narrow spaces between vehicles leave little room for error. A slight swerve by a car or a sudden door opening can be catastrophic for a motorcycle rider. Additionally, drivers often don’t expect a vehicle to pass between lanes, which increases the chances of accidents due to surprise or panic reactions.
What Happens If You’re Injured While Lane Splitting?
If you’re injured in a crash while lane splitting in New York, your ability to recover compensation may be severely affected. Since the act is illegal, insurance companies and opposing attorneys may argue that you were primarily or entirely at fault. New York follows a pure comparative negligence rule, meaning your compensation is reduced by your percentage of fault.
For example, if you’re found 70 percent at fault for an accident due to lane splitting, and your total damages are $100,000, you may only recover $30,000. This can dramatically impact your ability to cover medical bills, lost wages, and pain and suffering. While this is only an example, a trustworthy personal injury lawyer can help analyze your specific case.
It is important to note, however, that every accident is different. If another driver’s actions—like texting while driving or making an illegal lane change—contributed to the crash, that person may still be held partially liable. This is why it’s essential to speak with a knowledgeable legal team that understands how to build a strong case even in complex situations.
Should New York Reconsider Its Lane Splitting Laws?
California became the first U.S. state to formally legalize lane splitting in 2016, setting guidelines for safe practices. This move has encouraged further research and policy discussions nationwide.
However, it seems lawmakers in New York have shown little inclination to revisit the issue. Unless that changes, motorcyclists must comply with existing traffic laws. This is true even if they believe lane splitting would improve safety or efficiency.
Riders can still enhance their safety while on the road. They can do this by wearing protective gear, staying visible, and maintaining a safe distance from vehicles. Defensive driving remains the most effective strategy for surviving busy New York streets.
Legal Help for Injured Riders
Lane splitting remains illegal in New York, and motorcyclists who attempt it risk both injury and legal consequences. While some studies suggest potential safety benefits, the law in New York is clear: Stay in your lane. It is important to remember that even if you were partially at fault for your motorcycle accident, you may still be entitled to damages under New York law.
If you’ve been injured in a motorcycle accident—whether or not lane splitting was involved—Cellino Law can help. Our experienced legal team understands the complexities of motorcycle crashes and will fight to protect your rights. We’ll evaluate your case, gather evidence, and work to maximize the compensation you deserve.
Contact us today for a free consultation. Let us help you take the next step toward recovery.