“Lane splitting” is a term used to describe when a biker rides their motorcycle between two lanes of stopped or slow-moving cars. While this behavior is legal elsewhere – most notably in California — it is not allowed in New Jersey.
If you are a motorcyclist who has recently been involved in a crash while lane splitting, evidence of this behavior can impact your chances of getting as much compensation for your injuries as you otherwise might have been able to. In addition to not being legal in New Jersey, lane splitting can be dangerous and increases the risk of accidents.
If you were lane splitting before your recent collision
If you were lane splitting right before – or during – a crash that injured you, this could be used against you in a personal injury case. Insurance companies and lawyers may argue that you were partly or fully at fault for the accident. This could reduce the amount of money you receive for your injuries.
This is because New Jersey follows a rule called “comparative negligence.” This means that your compensation can be reduced by the percentage of fault for a crash assigned to you and your choices. For example, if you are found to be 30% at fault for the crash because you were lane splitting, your compensation award will be reduced by 30%.
However, even if you were lane splitting when your crash occurred, you might still be able to get compensation. Every case is different, and a good legal team can help you to present a case that will help you get as much compensation as possible.
