As of 2025, lane splitting remains illegal in New Jersey. Despite its growing acceptance in other states and ongoing safety debates, New Jersey law continues to prohibit motorcyclists from riding between lanes of traffic. This includes both traditional lane splitting, where a motorcyclist rides between lanes of moving vehicles, and lane filtering, which typically occurs at slower speeds or when vehicles are stopped at a red light.

The New Jersey Motor Vehicle Code requires all motorists, including motorcyclists, to occupy one full lane and prohibits passing between rows of vehicles. Law enforcement officers can issue citations for unsafe lane changes, failure to keep right, or careless driving if lane splitting is observed. These violations can carry fines, points on your license, and may influence how fault is determined if a crash occurs.

Understanding the legal status of lane splitting is critical for motorcyclists, especially when an accident leads to serious injuries or legal disputes. Even though the practice is illegal, fault is not always clear-cut when a collision happens.

Does Lane Splitting Automatically Make You at Fault?

No, but it can complicate things. New Jersey follows a modified comparative negligence rule. This means fault for an accident can be divided between the parties involved, and any compensation you receive can be reduced by your percentage of fault. However, if you're found to be more than 50% responsible for the crash, you may be barred from recovering any damages at all.

If you were lane splitting at the time of the crash, the other party’s insurance company may argue that you contributed significantly to the accident by engaging in an illegal maneuver. This doesn't necessarily mean the crash was entirely your fault, especially if the other driver acted recklessly, was distracted, or made an unsafe lane change.

For example, if a driver suddenly veers into another lane without checking their blind spot or signaling, they could still be considered primarily at fault, even if you were lane splitting. Every case hinges on specific facts, including speed, traffic conditions, and driver behavior leading up to the crash.

How Lane Splitting Affects a Motorcycle Injury Claim

When pursuing compensation after a motorcycle accident, liability is one of the first issues to be addressed. Lane splitting can weaken your claim if it's used as evidence that you were riding aggressively or disregarding traffic laws. Insurance adjusters often seize on illegal actions as a way to deny or minimize claims.

However, it’s important to understand that the presence of an illegal maneuver does not negate the potential for a successful personal injury claim. Courts and insurance companies must still assess the broader context of the incident. For instance:

• Was the other driver distracted or under the influence?
• Did the driver make an abrupt or illegal lane change?
• Were there any eyewitnesses who can support your version of events?
• Is there dashcam, traffic cam, or surveillance footage?

These questions are all critical in determining fault. With the help of a skilled attorney, it's possible to demonstrate that while you were lane splitting, the other party’s negligence was the primary cause of the collision.

Steps to Take If You’re Hit While Lane Splitting

In the chaotic moments after a motorcycle accident, your first priority should always be your health and safety. But if you're able to take action at the scene, or shortly after, these steps can significantly improve your ability to file a successful claim:

• Call 911 Immediately: Ensure that emergency medical services and law enforcement are dispatched. A police report will serve as a critical piece of evidence.
• Seek Medical Attention: Even if your injuries seem minor, get checked by a medical professional. Some injuries, like concussions or internal trauma, may not be immediately obvious.
• Document the Scene: Take photographs of the crash site, damage to vehicles, road conditions, traffic signs, and any visible injuries.
• Collect Witness Information: Eyewitness accounts can be invaluable, especially if they confirm the other driver's negligence or unsafe behavior.
• Avoid Admitting Fault: Limit what you say at the scene and to insurance companies. Even casual comments can be misinterpreted and used against you later.
• Contact an Attorney Right Away: A lawyer who understands New Jersey motorcycle laws and personal injury litigation can protect your rights and handle communications with insurers.

Following these steps helps preserve your legal options and allows your attorney to begin building a case while evidence is still fresh.

What Damages Can You Recover After a Lane-Splitting Crash?

Even if lane splitting contributed to the accident, you may still be entitled to compensation, especially if the other driver shares responsibility. Recoverable damages in a motorcycle accident claim can include:

• Medical expenses (past and future)
• Lost wages and reduced earning capacity
• Property damage to your motorcycle and gear
• Pain and suffering
• Emotional distress or trauma
• Permanent disability or disfigurement

Insurance companies will often attempt to reduce payouts by emphasizing that the motorcyclist was lane splitting. That’s why a strong legal strategy is crucial, one that shows the other driver’s role in the crash and counters assumptions about motorcyclist behavior.

Why Legal Representation Makes the Difference

Motorcyclists are frequently blamed for accidents, sometimes unfairly. In lane-splitting cases, the bias can be even more pronounced due to the illegal nature of the action. But the law still requires a full investigation into how the crash occurred and who bears the greatest responsibility.

An experienced personal injury lawyer can help gather the right evidence, challenge the insurance company’s version of events, and work to ensure that you are not unfairly held accountable for injuries caused by another driver’s negligence. Even when fault is shared, a skilled attorney may be able to reduce your percentage of fault to help you secure financial recovery.

At the Lee Law Firm, we’ve helped many injured motorcyclists protect their rights in complex accident cases. Whether you were lane splitting or simply riding lawfully when the crash occurred, we’ll focus on proving the facts and pursuing full compensation on your behalf.

If you were involved in a motorcycle accident while lane splitting in New Jersey, contact us for a free consultation. We’ll discuss your options and explain how we can help you pursue justice while you focus on your recovery.