Lane splitting is not legal in Indiana. Currently, it is not legal in any state but California. Motorcyclists must stay in their own lane. That means if an accident happens while lane splitting, the rider will bear much if not all the fault.

If you were involved in an accident involving lane splitting, it is crucial to know your legal position. An experienced  Indianapolis motorcycle accident lawyer at Tandy Law Firm can help you navigate the complexities of a lane splitting collision and will negotiate with insurance companies while you focus on recovery.

What is Lane Splitting?

Lane splitting occurs when a motorcyclist decides to bypass slow-moving or stopped traffic by traveling between two lanes. It can contribute to accidents because drivers are not looking for motorcyclists next to them when they change lanes or merge.

A vehicle’s blind spot is typically where mirrors fail to show motorcyclists, which is why most motorcycle accidents are due to a driver not seeing the motorcyclist until the crash.

A personal injury attorney in Indianapolis knows when lane splitting is involved in an accident, the insurance company will try to deny or undervalue your claim. We fully manage your claim, including gathering evidence and working with medical and other professionals.

Lane Splitting vs. Lane Sharing vs. Lane Filtering: What’s the Difference?

Although the terms are often used interchangeably, there are distinct differences between lane splitting, sharing, and filtering:

• Lane splitting: Operating a motorcycle between two rows of stopped or moving traffic
• Lane sharing: Two motorcyclists ride abreast in the same traffic lane
• Lane filtering: Motorcyclists passing a vehicle in the same lane when that vehicle is stopped, as is traffic in adjacent lanes; this occurs at stop lights or when traffic is at a standstill

In Indiana, lane splitting and lane filtering are against the law, while lane sharing is legal if it is limited to two motorcycles riding side by side.  There is another practice, “shoulder surfing,” that is also illegal in Indiana, which involves a motorcyclist riding on the shoulder to bypass traffic jams.

Indiana Law on Lane Splitting: What Indiana Code § 9-21-10-6 Says

Under Indiana Code § 9-21-10-6,  a motorcycle is “entitled to the full use of a traffic lane and a vehicle may not be driven or operated in a manner that deprives another vehicle of the full use of a traffic lane.”

Penalties for Lane Splitting in Indiana

Lane splitting is a moving traffic violation, with a fine of $142.00. If the lane splitting resulted in an accident that caused injury, additional fines may apply. Points are also added to the driver’s license. The accumulation of too many points results in license suspension.

How Lane Splitting Affects Fault in a Motorcycle Accident

Unfortunately, Indiana motorcycle lane splitting usually puts the motorcyclist at fault for an accident. A lane splitting citation is often used as evidence of negligence, and the motorcyclist could be at fault for damages.

Much depends on the rider’s motorcycle insurance policy. Some policies do not cover accidents occurring when the rider was breaking the law, which would include lane splitting.

Indiana follows a modified comparative fault system when it comes to liability. If one party is deemed more than 51 percent at fault for the collision, they cannot receive compensation. If the party is less than 51 percent at fault, they may seek damages. However, any compensation is reduced by their percentage of fault as determined by an insurance adjuster or jury.

Expect the other party’s insurance company to argue aggressively that the lane splitting motorcyclist was at fault in an effort to reduce or deny compensation. A car accident attorney in Indianapolis knows that even if the other driver caused the collision, lane splitting will harm your claim. We fight to reduce your percentage of fault when evidence such as surveillance video shows driver negligence or recklessness.

Were You Injured in a Motorcycle Accident in Indianapolis? Tandy Law Firm Can Help

If you or someone you know was injured in a motorcycle accident due to another party’s negligence or recklessness, schedule a free Indianapolis motorcycle accident consultation today. We work on a contingency basis, so you pay no fee unless you receive compensation.