If you ride a motorcycle, you may have crossed between lanes of traffic to get ahead or avoid a collision, especially on New Jersey’s busy highways. Is this action illegal, as it is in most other states? In New Jersey, this answer is not so simple. While no law specifically states lane splitting is illegal in New Jersey, it’s also not legal, as motorcyclists may get cited for failing to stay in their lane or careless driving. Understanding state law and how lane splitting can impact your motorcycle accident claim can help you understand your rights and legal options.
At Mandelbaum Barrett PC, we understand the challenges motorcyclists face on New Jersey roads. Our Spanish-speaking team has decades of experience handling motorcycle accident cases, achieving a proven track record of success. With Certified Civil Trial Attorneys on our team, we are here to help you through every aspect of the legal process and seek the compensation you deserve after an accident.
What Are New Jersey’s Lane Splitting Laws?
While other states explicitly prohibit riding between lanes on a motorcycle, also called lane splitting, New Jersey does not have a law that directly addresses this action. However, that doesn’t mean lane splitting is legal in the state. Motorcyclists may still get tickets for various moving violations and can have liability in the event of a crash.
According to NJSA 39:4-85, a driver passing another vehicle going in the same direction must do so at a safe distance to the left and not drive to the right until they’ve completely passed the vehicle. Therefore, lane splitting may be considered unsafe passing per New Jersey law and careless driving. Using a full lane to pass other vehicles, staying visible to other drivers, and following all New Jersey traffic laws are the best ways to avoid liability in accidents and ensure you uphold your duty to care for others’ safety.
Can You Recover Damages After a Motorcycle Accident If You Were Lane Splitting?
Due to their lack of protection, motorcyclists often suffer serious injuries in accidents, leaving them with mounting medical bills and lost wages. If this is the case for you, but you were lane splitting at the time of the accident, you may wonder if you can still recover damages with New Jersey’s modified comparative negligence law.
With this system, each party involved receives a percentage of the fault, which gets deducted from their respective damages. For example, if you’re 35% responsible for the crash, your compensation is reduced by 35%. No one over 50% at fault can collect monetary damages. While this system allows you to recover damages even if you’re partially liable for a motorcycle accident, insurance companies often use tactics to assign you an unfair portion of the blame.
With informed guidance from our knowledgeable lawyers at Mandelbaum Barrett PC, you have the best chance of recovering a fair settlement, which may include the following damages:
- Past, present, and future medical bills
- Lost wages from missed work
- Loss of earning capacity
- Pain and suffering
- Reduced quality of life
- Emotional distress
We understand the aftermath of a motorcycle accident can be overwhelming, especially with the confusing state laws that may impact your claim. Partnering with our dedicated team helps you have a stress-free recovery with peace of mind, knowing your claim is in the hands of lawyers who will fight tirelessly for the justice you deserve.
Schedule a Free Consultation With the Trusted New Jersey Motorcycle Accident Lawyers at Mandelbaum Barrett PC
If you were injured in a motorcycle accident while lane splitting, you may be unsure of your legal options. New Jersey’s laws on lane splitting are unclear, and insurance companies often try to use this against riders to minimize payouts. At Mandelbaum Barrett PC, we know how to push back against unfair blame. With decades of experience handling personal injury claims, our experienced attorneys include Certified Civil Trial Attorney Andrew Bronsnick and Co-Chair Joseph J. Peters.
Lane splitting may complicate your claim, but it doesn’t mean you’re automatically at fault. We’ll thoroughly investigate your accident, navigate state laws, gather evidence, and fight to ensure insurance companies don’t take advantage of you. Schedule a free consultation today by calling (973) 585-5100 or reaching out through our contact form to discuss your case.