How Lane Splitting Affects Motorcycle Accident Liability in New Jersey
While lane splitting is not explicitly legal or illegal in New Jersey, it is a practice that is often viewed as dangerous by insurance companies. This can make it more difficult to seek financial compensation if you get injured in a lane-splitting accident as a motorcyclist, but a motorcycle accident lawyer in New Jersey is here to help.
What Is Lane Splitting?
Lane splitting is the controversial practice of a motorcyclist riding on the line in between two lanes of same-direction traffic, rather than keeping in one lane or the other. Lane splitting is known to have pros and cons, as well as potential risks and benefits. For this reason, its legality is a common point of contention in many states, New Jersey included.
Is Lane Splitting Legal in New Jersey?
In New Jersey, traffic laws do not explicitly state whether lane splitting is legal or illegal. They do not address the practice of lane splitting at all. This makes it a gray area for motorcycle riders and a complicated issue during motorcycle accident cases that involve lane splitting.
Though bills and petitions have been submitted to New Jersey Legislature to legalize lane splitting, none have yet passed. If a motorcycle accident involves a rider who was lane splitting, therefore, insurance companies and the courts determine liability on a case-by-case basis.
Am I Eligible for Accident Compensation if I Was Lane Splitting?
Lane splitting does not automatically take away a motorcyclist’s right to sue someone for causing a traffic accident or recovering financial compensation from a driver’s insurance policy in New Jersey. However, since state law does not explicitly permit lane splitting, insurance companies often consider motorcyclists who engage in this practice to be at least partially at fault for related accidents.
Comparative Negligence Laws in New Jersey
New Jersey is a comparative negligence state. This means that fault for an automobile accident can be split or divided among multiple parties. In a motorcycle crash involving lane splitting, an insurer will most likely assign at least partial fault to the motorcycle operator. This means the motorcyclist’s compensatory damage award would be reduced by an equivalent value.
For example, if a driver in a motorcycle crash is allocated 70 percent of fault for violating a traffic law and the motorcycle rider is assigned the remaining 30 percent for dangerous lane splitting, an award of $100,000 given to the motorcyclist would be diminished by 30 percent ($30,000) to $70,000.
New Jersey’s modified comparative negligence law has a statutory limit of 50 percent liability. This means if an injured party or plaintiff is assigned 51 percent or more of the fault for an accident, he or she will be barred from recovering any financial compensation from the defendant.
Lane Splitting Safety Recommendations
Since New Jersey law does not specifically address lane splitting, it is up to each individual rider to decide whether or not to lane split. However, all motorcyclists have an obligation to operate their bikes safely and prudently. Unsafe maneuvers, including negligent or reckless lane splitting, can have a negative influence on a related motorcycle accident case. A personal injury lawyer in New Jersey is here to give you legal guidance and support.
If you have to lane split, do so as safely as possible. Keep your speed to a low and safe level, and only lane split if surrounding traffic is moving at a speed that is lower than yours. Do not weave in and out of multiple lanes or ride recklessly. Always wear a helmet to protect you in case of an accident.
If you were lane splitting at the time of your motorcycle crash in New Jersey, contact an attorney for legal advice and assistance throughout the claims process.