Is Lane-Splitting on a Motorcycle Legal?

You may sometimes see motorcyclists riding between lanes of slower-moving traffic. But is lane-splitting on a motorcycle legal? While this might be a fairly common practice, it is illegal in every state except California, including Massachusetts. If you are a motorcyclist, it’s important to understand and follow the laws when riding your bike in the Commonwealth. Scroll down to learn a little more about the laws surrounding lane-splitting.

So, is lane-splitting on a motorcycle legal in Massachusetts? While the topic of lane-splitting is often debated, the answer is no. Massachusetts specifically bans lane-splitting by motorcyclists in Mass. Gen. Laws Ch. 89, section 4A. Under this statute, motorcycles can’t pass other traffic while traveling in between vehicles. They are not allowed to pass other vehicles within the same lane and should only pass when they have determined it is safe.

What Is Lane-Splitting?

Lane-splitting occurs when a motorcyclist rides between vehicles in adjacent lanes that are moving in the same direction while traveling on the line separating the lanes. This means the motorcyclist is not traveling in either lane but is rather traveling between them. In California, the only state that currently allows lane-splitting, motorcyclists are allowed to drive between moving or stopped vehicles in the narrow space between them. Utah allows something similar to lane-splitting called lane-filtering. Like lane-splitting, lane-filtering occurs when a motorcyclist moves between two lanes of vehicles. However, lane-filtering is only allowed when the motorcyclists are moving between lanes of stopped traffic. With lane-splitting in California, motorcyclists can travel between lanes of moving traffic.

Is Lane-Splitting Dangerous?

The safety of lane-splitting has been debated. While some have argued that lane-splitting is safe, others maintain it is dangerous. The disagreement over whether lane-splitting is safe or dangerous has led lawmakers in most states to forbid it and vote down proposed bills that would legalize the practice.

A study conducted by the University of California, Berkeley found that lane-splitting is safe as long as traffic is not moving any faster than 50 miles per hour and the motorcyclist lane-splits correctly. This involves the motorcyclist keeping their speed at no more than 15 miles per hour above the speed of the vehicles the motorcycle passes. Proponents of lane-splitting argue it could help reduce the risk of rear-end accidents for motorcyclists.

However, people who argue against lane-splitting believe it is dangerous because it makes motorcyclists more vulnerable to side-swipe accidents, and the speed and noise of motorcyclists passing between lanes can also startle other motorists and potentially lead to collisions.

Does Lane-Splitting Affect a Motorcycle Accident Claim?

If you were injured in a motorcycle collision while lane-splitting in Massachusetts, it could affect your ability to recover compensation for your injuries. Under Mass. Gen. Laws Ch. 231, sect. 85, the Commonwealth follows a modified comparative negligence rule. To recover compensation in a motorcycle accident claim filed against the other driver, you must not have been 51 percent or more at fault for your collision.

Since lane-splitting is illegal, that can be used as evidence that you were negligent per se without the defendant having to prove negligence. If you and the other motorist were both at fault, the jury will be instructed to determine the percentage of fault to allocate to each of you. If the jury finds you were 51 percent or more at fault because you were lane-splitting, this could prevent you from recovering any compensation for your injuries. If the jury instead finds that your percentage of fault was less than the fault held by the other driver, you would be able to recover compensation. However, your gross verdict award would be reduced by the percentage of fault attributed to you.

For example, if the jury finds you were 40 percent at fault, your damages would be reduced by 40 percent. If your gross verdict was $100,000, this means you would receive a net award of $60,000.

Juries also tend to be biased against motorcyclists and think they are likelier to take risks and cause accidents. By engaging in lane-splitting, you might have a more difficult time proving your case.

Talk to Ellis & Associates

If you were involved in a motorcycle accident in Massachusetts while lane-splitting, you should consult the attorneys at the law firm of Ellis & Associates. We can review what happened and help you understand your legal options. Call us for a free consultation today at 800-MR-ELLIS.