If you ride a motorcycle in Illinois, you’ve probably been tempted to weave between cars sitting in bumper-to-bumper traffic at least once. However, despite arguments that the practice should be allowed, lane splitting remains illegal throughout the state. If you’re involved in a motorcycle accident while lane splitting, the violation can also create serious problems for any Chicago motorcycle accident claim you try to file afterward.
Here’s what Illinois law says about lane splitting and what it could mean for you if things go wrong.
What Does Illinois Law Say About Lane Splitting?
Under Illinois Statute 625 ILCS 5/11-703(c), a person operating a two-wheeled vehicle cannot pass between two vehicles traveling in the same direction unless there is an open lane available. Motorcyclists are required to follow the same traffic rules as every other vehicle on the road, including staying within a single marked lane.
Lane filtering, which some riders consider a separate practice involving movement between stopped vehicles at low speeds, is also prohibited. Illinois law makes no distinction between the two.
Lane sharing, however, is permitted. Two motorcycles may ride side by side within the same lane as long as both riders are in agreement. This is the only scenario in which two-wheeled vehicles may legally occupy the same lane space.
What Are the Penalties for Lane Splitting in Illinois?
Lane splitting in Illinois can result in a Class A misdemeanor, which carries penalties of up to one year in jail and fines of up to $2,500. If the violation leads to bodily injury, the charge can be elevated to a Class C felony, which carries significantly harsher consequences.
A lane splitting citation can also have a real impact on your finances and your driving record. Further, the violation will work against you in any insurance dispute that follows.
How Does Lane Splitting Affect a Personal Injury Claim?
This is where things become especially important for riders. Illinois follows a modified comparative negligence standard with a 51% bar to recovery. If you are found to be more than 50% at fault for an accident, you cannot recover any compensation at all. If your share of fault is 50% or less, your damages are reduced by your percentage of responsibility.
When an accident happens while a rider is lane splitting, the insurance company will immediately use that violation to argue the motorcyclist was at least partially at fault. In some cases, that argument sticks. However, lane splitting doesn’t automatically make the rider 100% responsible for every accident. In some cases, the other driver’s actions might outweigh lane splitting and still lead to liability.
An experienced motorcycle accident attorney can investigate the full circumstances and push back against attempts to pin all of the blame on the rider simply because they were lane splitting at the time.
Contact an Illinois Motorcycle Accident Attorney for a Free Consultation
If you were involved in a motorcycle accident while lane splitting, don’t assume your case is hopeless. The facts matter, and fault is rarely as clear-cut as the insurance company wants you to believe. An award-winning Illinois motorcycle accident lawyer with Meyers & Flowers can review what happened and advise you on the best way to move forward. Reach out today at (630) 576-9696 for a free consultation to discuss your options.