Lane splitting is the practice of riding a motorcycle between two lanes of stopped or slow-moving traffic. It is common in states like California where it is legal. But Illinois is not California, and lane splitting here can seriously damage your motorcycle accident claim.
Is Lane Splitting Legal in Illinois?
No. Lane splitting is illegal in Illinois. Illinois law requires motorcycles to follow the same lane rules as other vehicles. A motorcycle is entitled to full use of a lane, and no vehicle may drive in such a way as to deprive a motorcycle of the full use of a lane. The flip side of that protection is that motorcycles cannot drive between lanes of traffic.
The specific statute is 625 ILCS 5/11-703, which prohibits operating a vehicle between lanes of traffic or between adjacent lines or rows of vehicles. This applies whether traffic is moving, stopped at a light, or crawling in a traffic jam.
Lane filtering, which some states define differently from lane splitting as moving between stopped vehicles at very low speed, is also illegal in Illinois. There is no distinction under Illinois law. Riding between vehicles in any traffic condition violates the statute.
How Lane Splitting Affects Your Accident Claim
If you were lane splitting when a motorcycle accident occurred, it will be used against you under Illinois comparative fault law. Here is how:
You Will Be Assigned Some Percentage of Fault
Even if the car driver caused the crash by changing lanes without looking or opening a door without checking, the fact that you were lane splitting means you were also violating traffic law. The defense will argue that your illegal lane position contributed to the crash.
Under Illinois modified comparative fault, your compensation is reduced by your percentage of fault. If you are found 30% at fault for lane splitting and the car driver is 70% at fault for an unsafe lane change, your $200,000 in damages is reduced to $140,000.
The 51% Threshold Is the Danger Zone
If the insurance company or a jury determines you were more than 50% at fault, you recover nothing. In some lane splitting scenarios, the defense will argue aggressively that you were primarily responsible because you put yourself in an illegal and dangerous position.
This does not mean lane splitting automatically makes you 51% at fault. Many factors are considered:
- Was the car driver also negligent (failed to signal, failed to check mirrors)?
- What was the speed of your motorcycle relative to traffic?
- Were you riding at a safe speed for the conditions?
- Did the car driver’s action create a sudden and unavoidable hazard?
- Was there any indication the car was about to change lanes or open a door?
It Does Not Destroy Your Claim
Here is the important point: lane splitting does not automatically bar your claim. It increases your fault percentage, but if the other driver was also negligent, you can still recover compensation as long as your fault does not exceed 50%.
An experienced motorcycle accident lawyer can argue that while you were in an improper lane position, the car driver’s negligence was the primary cause of the crash. For example, a driver who changes lanes without signaling or checking mirrors is negligent regardless of where your motorcycle was positioned.
Common Lane Splitting Accidents in Chicago
Car Changes Lanes Into Rider
The most common lane splitting crash. A car driver stuck in traffic decides to change lanes and does not see the motorcycle passing between lanes. The car strikes the motorcycle from the side, sending the rider down.
Door Opening
In stopped traffic, a car occupant opens a door to step out, spit, or check something, directly into the path of a motorcycle filtering between lanes. The rider hits the door and is thrown from the bike.
Car Pulls Out of Lane
A car in stopped traffic decides to make a U-turn or pull out of the traffic lane, crossing into the space between lanes where the motorcycle is traveling.
Sudden Lane Narrowing
Lanes narrow due to construction zones, parked vehicles, or road design. The space between lanes that seemed passable suddenly becomes too narrow, trapping the motorcycle between vehicles.
What About Lane Splitting on Chicago Highways?
Lane splitting on Chicago expressways is especially dangerous and especially damaging to your claim. Highway traffic moves faster, the consequences of contact between a motorcycle and a car at highway speed are more severe, and the argument that you assumed the risk is stronger.
If you were lane splitting on the Dan Ryan, Kennedy, or Stevenson when an accident occurred, expect the defense to push hard for a high fault percentage. But the same analysis applies: if the car driver was also negligent, your claim is not automatically dead.
Will Illinois Ever Legalize Lane Splitting?
Motorcycle advocacy groups have periodically pushed for lane splitting legislation in Illinois. Research from California and Europe suggests that controlled lane splitting at low speeds in heavy traffic can actually reduce rear-end collisions on motorcycles and reduce overall congestion.
However, as of now, no lane splitting bill has passed the Illinois General Assembly. Until the law changes, lane splitting remains illegal and will be used against you in an accident claim.
Protecting Your Claim If You Were Lane Splitting
If you were involved in a motorcycle accident while lane splitting, do not assume you have no case. Take these steps:
- Do not admit to lane splitting at the scene. Do not volunteer information about your lane position. Let the evidence speak for itself.
- Get the police report. Note whether the officer documented your lane position. If the report does not mention lane splitting, the defense has a harder time proving it.
- Document the other driver’s negligence. Photos, witness testimony, and any available video showing the car driver’s unsafe behavior are critical to offsetting your fault percentage.
- Contact a motorcycle accident lawyer immediately. An experienced attorney can evaluate the specific facts of your case and determine whether your lane splitting will push your fault percentage above 50% or whether a strong case against the other driver can keep you below that threshold.
The Bottom Line
Lane splitting is illegal in Illinois. If you do it and are involved in an accident, it will increase your fault percentage and reduce your compensation. But it does not automatically destroy your claim. The other driver’s negligence still matters, and if they were primarily at fault, you can still recover.
The safest legal advice is simple: do not lane split in Illinois. But if you already have, and you were injured because another driver was negligent, contact an attorney before assuming you have no options.
Call Phillips Law Offices at (312) 346-4262 or contact us online for a free consultation.