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. Whether this is illegal depends on how you look at it. No law in New Jersey explicitly bans lane splitting, but that does not make it legal either. Riders who split lanes can still be cited for failing to stay in their lane or for careless driving, and those citations can directly impact your ability to recover compensation after an accident.
At Mandelbaum Barrett PC, our New Jersey motorcycle accident attorneys understand the unique challenges riders face on the road and in the courtroom. With decades of combined experience handling personal injury claims, we help motorcyclists navigate the complex intersection of traffic law and civil liability so they can pursue the compensation they deserve.
What Are New Jersey’s Lane Splitting Laws?
While several states explicitly prohibit riding between lanes of traffic, New Jersey has no statute that directly addresses lane splitting. That legal silence, however, does not mean the practice is permitted. Motorcyclists in New Jersey who split lanes can still face moving violations under existing traffic laws, and those violations can be used against them in a personal injury claim.
Under N.J.S.A. 39:4-85, a driver passing another vehicle traveling in the same direction must do so at a safe distance to the left and must not move back to the right until fully clear of the vehicle being passed. Lane splitting, which involves riding along the line between two adjacent lanes of moving traffic, can be cited as unsafe passing under this statute, as well as careless driving under N.J.S.A. 39:4-97. Staying fully within a lane, using the full lane to pass, and maintaining visibility to other drivers are the most effective ways for riders to reduce their liability exposure and protect others on the road.
Can You Recover Damages After a Motorcycle Accident If You Were Lane Splitting?
Motorcyclists involved in accidents frequently suffer serious injuries due to their lack of physical protection. According to the National Highway Traffic Safety Administration, 6,228 motorcyclists were killed in traffic crashes in 2024, representing 15 percent of all traffic fatalities that year. If you were lane splitting at the time of your accident, you may wonder whether that affects your right to seek compensation in New Jersey.
New Jersey operates under a modified comparative negligence system, which means that fault is apportioned among all parties involved in a crash. Each party’s compensation is reduced by their percentage of responsibility. For example, if you are found 30 percent at fault for an accident, your total damages are reduced by 30 percent. Importantly, any party found more than 50 percent responsible is barred from recovering damages entirely. Insurance companies frequently try to assign lane-splitting riders an outsized share of the blame specifically to reduce or eliminate their payout obligations.
Even if you were lane splitting, you may still be entitled to significant compensation depending on how the accident occurred and what the other driver did or failed to do. Recoverable damages in a motorcycle accident claim may include the following:
- Past, present, and future medical expenses
- Lost wages from missed work
- Loss of future earning capacity
- Pain and suffering, disability, and impairment
- Emotional distress
- Loss of enjoyment of life
Building a strong case means gathering evidence quickly, understanding how New Jersey’s traffic laws apply to your specific situation, and anticipating the arguments the insurance company will make. That is where having experienced legal representation makes a meaningful difference.
How Insurance Companies Use Lane Splitting Against You
After a motorcycle accident, insurers often move fast to assign blame. If there is any indication that you were lane splitting at the time of the crash, adjusters may use that fact to argue you were primarily responsible for your own injuries. This tactic is designed to reduce the insurer’s exposure, not to reflect an accurate picture of what happened.
A thorough investigation of the accident, including witness statements, traffic camera footage, and physical evidence from the scene, can help establish what actually caused the crash. If another driver changed lanes without signaling, was distracted, or was otherwise negligent, that negligence does not disappear simply because you were between lanes. Our team understands how to counter these tactics and present the strongest possible case on your behalf.
Contact the Motorcycle Accident Lawyers at Mandelbaum Barrett PC
Lane splitting may complicate your claim, but it does not end it. With decades of experience handling personal injury claims throughout New Jersey, our experienced attorneys include Certified Civil Trial Attorney Andrew Bronsnick and Co-Chair Joseph J. Peters. We know how insurance companies operate, and we know how to push back against unfair fault assignments that shortchange injured riders.
If you were hurt in a serious motorcycle accident and have questions about your rights, do not wait. Contact our office to schedule a consultation with a member of our personal injury team. We also speak Spanish to ensure more members of our community have access to the legal guidance they deserve.