Let’s say you’re riding your motorcycle on a congested highway in Springfield, MA, and in order to avoid being stuck in traffic, you decide to ride between two lanes of slow moving vehicles. All of a sudden, and almost as if out of nowhere, a car changes lanes without warning, striking your motorcycle and causing a serious crash.
So, who exactly is at fault here? The first thing to keep in mind is that under Massachusetts General Law, lane splitting is illegal — which means motorcyclists who engage in this behavior are violating traffic laws and risk citations, fines, and being found at fault in accidents. However, other drivers may share blame if their negligence also contributed to the crash.
At Spada Law Group, our motorcycle accident lawyers with over two decades of experience can and will help injured riders across Massachusetts, including in Chelsea, Newburyport, Peabody, Lawrence, and Springfield. We understand the unique challenges motorcyclists face and are dedicated to fighting for the compensation you deserve. If you've been hurt in a lane splitting crash, here's what you need to know about determining fault and protecting your legal rights.
What Is Lane Splitting?
Lane splitting is the practice of riding a motorcycle between lanes or rows of slow moving or stopped traffic that is traveling in the same direction. It's sometimes called stripe-riding, white-lining, or filtering, and also happens to be one of the top ten common causes of motorcycle accidents in Boston. Motorcyclists often use this technique to save time and bypass congested traffic. However, lane splitting in Massachusetts can not only be extremely risky, as it places the motorcycle in close proximity to other vehicles with little margin for error, but it is effectively illegal, as well.
Is Lane Splitting Legal in Massachusetts?
Under Massachusetts General Law (MGL ch. 89 § 4A), lane splitting is not legal in Massachusetts. The law states that all motorcyclists must ride within a single lane and are expressly prohibited from passing other vehicles between lanes of traffic. Doing so is a traffic violation that can result in fines and other penalties.
Furthermore, the Massachusetts Motorcycle Manual cautions that riding between lanes is extremely dangerous and should never be done. Because lane splitting is illegal, insurance companies will often use this behavior to argue the motorcyclist is at fault and attempt to deny or reduce their injury claim. Working with a skilled motorcycle accident lawyer can make all the difference in protecting your rights.
Determining Fault in a Lane Splitting Accident
When a motorcyclist is lane splitting at the time of a crash, they will likely be found at least partially at fault due to violating Massachusetts traffic laws. It’s important to keep yourself safe while on the road in order to reduce accidents as much as possible. However, other factors can shift fault to the other driver, such as:
- Speeding or reckless driving. If the other driver was traveling at excessive speeds or driving aggressively, they may share responsibility for the crash, even if the motorcyclist was lane splitting.
- Distracted or impaired driving. Drivers who are texting, using their phone, or driving under the influence of drugs or alcohol may be found liable if their impairment contributes to the accident.
- Unsafe lane changes. Drivers have a duty to check their mirrors and blind spots before changing lanes. If a driver makes a sudden, unsignaled lane change without ensuring it's safe to do so, they may be found negligent.
- Poor road conditions or hazards. If the lane splitting accident was caused in part by potholes, debris in the road, or other hazards, the entity responsible for maintaining the roadway may share some liability.
- Defective vehicle parts. In rare cases, accidents are caused by faulty brakes, tires, or other vehicle components. If a defective part led to the crash, the manufacturer might be held accountable.
Proving fault in lane splitting accidents often requires extensive evidence, including witness statements, traffic camera footage, accident reconstructions, and more. An experienced attorney can help gather and preserve the evidence needed to establish the other driver's negligence.
Under Massachusetts' comparative fault law, you can still recover damages as long as you are less than 51% to blame for the accident. However, your compensation will be reduced by your assigned percentage of fault. If a jury finds you 20% responsible, you can only recover 80% of your damages. Insurance companies know this and will use any evidence of lane splitting to limit payouts.
Protecting Your Rights After a Lane Splitting Crash
The moments after a motorcycle accident are critical. If you've been involved in a lane splitting crash, take these steps to safeguard your health and your legal rights:
- Move to a safe area, if possible, and exchange insurance and contact information with the other involved drivers.
- Call the police to report the accident and request emergency medical attention, if needed.
- Take photos of the accident scene, damage to the vehicles, and any visible injuries you sustained.
- Get contact information for any eyewitnesses who may have seen what happened.
- Seek prompt medical care for your injuries, even if they seem minor at first. Some serious conditions may have delayed symptoms.
- Avoid discussing fault or giving a recorded statement to the insurance company before speaking with a lawyer.
- Contact an experienced motorcycle accident attorney to discuss your case and legal options.
Benefits of Contacting a Massachusetts Motorcycle Accident Lawyer
Navigating the legal fallout of a lane splitting accident can be overwhelming and difficult, especially when dealing with serious injuries. A skilled motorcycle accident attorney can advocate for your rights and help you pursue the compensation you deserve by:
- Thoroughly investigating the accident to identify all potentially liable parties
- Gathering critical evidence, including police reports, medical records, and expert testimony
- Communicating with insurance companies on your behalf to protect your claim
- Accurately assessing the full value of your damages, including future medical needs
- Negotiating forcefully for a fair settlement or taking your case to trial if necessary
At Spada Law Group, we understand the challenges motorcyclists face and are dedicated to helping accident victims across Massachusetts. With offices in Chelsea, Newburyport, Peabody, Lawrence, and Springfield, our team is ready to fight for you.
