What Is Lane Splitting?
Lane splitting is a term that describes when a motorcyclist rides between two lanes of traffic moving in the same direction, typically when vehicles have slowed or come to a stop. This risky practice is illegal in Ohio and may contribute to the thousands of motorcycle-involved accidents in the state each year.
The Ohio Department of Transportation (ODOT) has determined that lane splitting is unsafe for all drivers. If a biker gets into an accident while making this maneuver, they could be considered at fault for the crash. So what does this mean for a personal injury claim? In this blog, our compassionate attorneys at Charles E. Boyk Law Offices take a closer look at lane splitting so you can learn more about what it is, how to stay safe on the road, and what to do if you get hurt.
State Legal Statutes
Per Ohio Revised Code § 4511.55(B), motorcyclists are not allowed to lane split on any public roadway. You must stay within your designated lane, whether you are navigating your bike on city streets or highways. Of course, you are permitted to change lanes as long as you obey traffic rules, use your turn signal, and exercise due care for others on the road.
Is Lane Sharing Illegal?
Lane sharing is a term that describes when motorcyclists ride side-by-side in the same lane. Unlike lane splitting, this practice is not illegal in Ohio, and ODOT does permit up to two bikers to travel alongside each other. Ohio Revised Code § 4511.55 was designed by legislators to keep bikers safe, and for this reason it restricts lane sharing to just two motorcycles at a time.
What Is Lane Filtering?
Lane filtering is a kind of lane splitting in which motorcyclists maneuver between slow or stationary vehicles, typically at intersections with traffic lights, in order to move to the front of the line. While some states view this as a safer option and differentiate this practice from their high-speed lane splitting laws, Ohio does not. All forms of lane splitting, including lane filtering on a motorcycle, are prohibited in this state.
Consequences of Lane Splitting
Ohio law enforcement agencies take lane splitting violations seriously. If you are stopped by police for making this dangerous maneuver, you could face citations for breaking several traffic codes, including improper passing, failure to maintain your lane, and unsafe lane changes.
Depending on the specific circumstances, first-time offenders may be subject to fines up to $150 and two points on their license. They may also be subject to other penalties, such as mandatory participation in a motorcycle safety course and increased insurance premiums. Repeat offenders may even have their license suspended or face up to 60 days in jail and a $500 fine.
Why Is Lane Splitting an Issue?
There are many motorcyclists who believe lane splitting is safe and has some benefits. Despite the rules against it, supporters such as the American Motorcycle Association continue to argue that under certain controlled conditions it reduces traffic congestion while keeping bikers safe.
For example, lane splitting at slow speeds could prevent a rider from being rear-ended. These types of collisions are common in Ohio and are particularly dangerous for bikers because the impact could throw them off their motorcycle, causing severe injuries or even death. Lane splitting also reduces the amount of time a rider spends in stop-and-go traffic, which benefits them in numerous ways. It reduces the need for caution while sitting in busy traffic, while decreasing the potential for overheating a motorcycle’s air-cooled engine.
Opponents of the practice, however, believe that lane splitting causes more accidents than it prevents. This theory is based on the idea that it increases the risk of sideswiping collisions. The practice could also startle other drivers, as they may not anticipate a motorcyclist moving next to them between the lanes. Navigating traffic in this manner also reduces visibility and gives a biker less space to maneuver out of harm’s way.
Are There Any Exceptions to This Rule?
If you support lane splitting, you may wonder if there are any exceptions to these rules. The answer is no—this practice is uniformly illegal in Ohio, no matter the circumstances, including traffic jams or emergencies. You are required to abide by state guidelines at all times when operating a vehicle on public roadways.
Does a Traffic Violation Mean Zero Compensation?
If you are hurt in an accident while lane splitting on your motorcycle, you may still be able to recover compensation for your injuries and other damages, even though you committed a traffic violation. Although the process may not be easy, this is possible because of Ohio’s modified comparative negligence rule, also called contributory fault. With the help of a skilled personal injury attorney, you could be awarded a settlement that covers your medical bills, bike repairs, and other damages.
What Is Contributory Fault?
Riding between cars is dangerous, and if you were lane splitting at the time of the accident, it may affect your personal injury claim. However, according to the Ohio Revised Code § 2315.33 regulation regarding contributory fault, you may still be able to collect damages as long as you are considered less at fault than the other party.
This modified negligence rule states that if you are injured while lane splitting, you may be entitled to compensation that is proportionate to your share of the liability. For example, if law enforcement determines that you were 40 percent responsible for a crash, your settlement would be reduced by 40 percent. However, if you are more than 50 percent liable, you likely would not be able to collect damages at all.
How Our Legal Team Proves Fault
Since Ohio’s personal injury claims process is based on a comparative fault system, proving liability is essential in every one of our clients’ cases. We work to gather enough evidence to demonstrate that you were less than half at fault for the crash. This evidence could include photos and videos of the accident scene, eyewitness statements, and copies of police reports. Testimonies from passersby could prove the other party drove negligently or erratically, such as failing to signal or driving while distracted, while nearby cameras could show what may have led to the collision.
There are also other factors that may reduce your percentage of fault, including weather conditions, who received the citation, and a professional analysis of the damage. By examining the crash patterns on both your motorcycle and the other vehicle, an expert witness, such as an accident reconstructionist, could explain how the impact occurred and attribute the majority of fault to the other driver.
Which Legal Strategies Help Prove Liability?
The skilled attorneys at Charles E. Boyk Law Offices have multiple legal strategies to employ when proving liability in a personal injury claim. To give you the best chance of maximizing compensation in your unique case, we may argue that the other party acted negligently. Whether the driver was texting, speeding, or aggressively changing lanes while you were lane splitting, showing that their behavior outweighed your maneuver in contributing to the accident would help support your claim.
If we can show that the other driver failed to exercise reasonable care—for example, they did not use a turn signal before they collided with your motorcycle—this factor would be key to determining fault. If our team can demonstrate that your risky behavior was not the primary cause of your accident, we can reduce your percentage of fault and increase the amount of compensation you may be awarded.
Insurance adjusters do not want to pay your claim, and they may try to use bias against bikers to increase your percentage of fault. They could argue that you assumed all of the risk by dismissing Ohio traffic laws and lane splitting. As your attorney, we would remind the court that the other driver had a duty to watch out for motorcyclists and that you acted responsibly under the circumstances, such as attempting to avoid the collision.
Your injuries may also be an important factor when we are determining the best strategies for your case. If you were seriously injured in the crash, our lawyers would collect your hospital records as well as expert medical testimony to prove the extent of your damages and injuries. Whether you suffered lost wages, face necessary ongoing treatment, or have a permanent disability, the future financial impact of the accident may make you eligible for non-economic relief, such as pain and suffering.
Let Us Fight for You
If you have sustained damages and injuries in a motorcycle accident in Ohio, even if you were lane splitting, we can help. Do not suffer alone—our dedicated group of attorneys at Charles E. Boyk Law Offices may be able to recover the compensation you are entitled to under state law. We bring years of experience, a successful trial record, and a sympathetic, service-focused approach to every client we serve.
Contact our law firm now and schedule a free and confidential consultation. Your safety and well-being are our priority, and with our no-fee promise, you pay nothing unless we win. It is time to put our tenacity, resources, and legal skills to work for you.
