Can Motorcyclists File an Injury Claim After Lane Splitting?

 Posted on May 20, 2025 in Motorcycle Accidents

Lane splitting is a common sight on California highways. While it can help motorcyclists avoid traffic and shorten commute times, it is also very risky. When a crash happens during lane splitting, many riders may wonder: Can I still file an injury claim, or will I automatically be blamed for the accident? 

California’s unique stance on lane splitting means that injured motorcyclists may have a valid path to compensation. However, the outcome often depends on how the crash occurred and who was at fault. A Santa Clara County motorcycle accident lawyer can help riders assert their rights and build a strong case for financial recovery. 

What Is Lane Splitting and Is It Legal in California?

Lane splitting refers to a motorcyclist who rides between lanes of slowed or stopped traffic. This practice is legal in California, the only state where it is explicitly permitted. However, just because lane splitting is legal does not guarantee that it is always safe or that other drivers will expect it.

The California Highway Patrol (CHP) encourages motorcyclists to split lanes safely and responsibly. Their guidelines recommend only splitting between the first and second lanes at speeds that are no more than 10 miles per hour faster than surrounding traffic.

Can a Motorcyclist Be at Fault While Lane Splitting?

A motorcyclist can be found partially or fully at fault in a lane splitting accident. California follows a comparative fault system, which means that both parties involved in an accident can share responsibility.

For example, if a motorcyclist was speeding or aggressively weaving through traffic, he or she might be found partially at fault. If a car or truck driver made a lane change without signaling, he or she could share or bear more of the fault.

Can an Injured Motorcyclist Still File a Claim?

Injured motorcyclists can file an injury claim, even if the crash occurred while lane splitting. The key issue is whether the other driver’s negligence contributed to the collision. Some common driver errors that may lead to injury claims include:

• Sudden or unsafe lane changes

• Texting while driving

• Opening a car door into traffic without looking

• Following too closely or intentionally blocking the motorcyclist

Even if the motorcyclist was partially at fault, he or she may still recover damages for medical expenses, lost wages, pain and suffering, and property damage.

How Can Fault Be Proven in a Lane Splitting Accident?

Proving fault in a lane splitting crash requires a thorough investigation, as the goal is to show that the other party's negligence significantly contributed to the accident. Useful evidence can include:

• Dashcam or helmet cam footage

• Traffic surveillance videos

• Eyewitness statements

• Police reports

• Accident reconstruction analysis

If you were injured while lane splitting, it is important to speak with a lawyer as soon as possible. Insurance companies may try to argue that you were entirely at fault or deny your claim, but a skilled attorney can collect and present this evidence to build a thorough compensation claim. 

Contact a Santa Clara County, CA Personal Injury Lawyer

If you were hurt in a motorcycle crash while lane splitting, you may still have the right to compensation. With 45 years of personal injury experience, Law Office of John J. Garvey, III can help evaluate your case and fight for the financial recovery you deserve. Contact a San Jose, CA motorcycle accident attorney at 408-293-7777 for a free consultation.