Levine & Slavit | June 24, 2026

A rider squeezes between cars on the FDR at rush hour. Then a driver drifts left near the 59th Street Bridge exit, and everything changes in a second.

Here’s the short answer: lane splitting is illegal in New York. Still, if you were hurt, that does not mean you have no case. Under New York’s comparative fault rules, an injured motorcyclist may still recover damages even if the rider shares part of the blame.

According to the New York State Department of Motor Vehicles, motorcycles are entitled to full use of a lane, and riders may not pass in the same lane occupied by the vehicle being overtaken. According to the National Highway Traffic Safety Administration, 6,335 motorcyclists were killed in the United States in 2023. Those numbers are national, yes, but the takeaway is plain: riders face serious risk, and insurance companies know it.

New York streets make this issue very real

In New York, this question is not abstract. It comes up on the BQE in Brooklyn, on the Cross Bronx Expressway, near Queens Boulevard, and in tight Manhattan corridors where traffic stacks up block after block.

Think about the usual pinch points—Canal Street, the FDR Drive entrances, the approaches to the Midtown Tunnel, or that stop-and-go mess around Atlantic Avenue. Riders often feel boxed in. Drivers get impatient. One sudden lane change near Flatbush or a door opening in SoHo can turn a close call into a trauma case.

I’ve seen how local conditions shape these claims. Potholes after winter, slick painted lane markings near Times Square, delivery vans double-parked in Astoria, and weekend congestion heading out toward Jones Beach all affect how a crash is investigated. For New Yorkers, that context matters. A lot.

Is lane splitting legal in New York?

No. Lane splitting is illegal in New York.

New York Vehicle and Traffic Law treats motorcycles differently from passenger cars in some ways, but not here. Under New York law, a motorcycle cannot overtake and pass a vehicle in the same lane, and a motor vehicle cannot be driven in a way that deprives a motorcycle of full lane use. That means riding between rows of moving or stopped cars is not permitted.

  • Lane splitting between vehicles is prohibited.
  • Sharing a lane with another vehicle is generally barred.
  • A rider still has the same right to a full lane as other traffic.

Key Takeaway: Lane splitting is illegal in New York, but that fact alone does not decide who pays after a crash.

Here’s the catch. Illegal conduct is evidence of negligence; it is not an automatic defense winner for the other side.

Can you still file a claim after a lane splitting crash?

Yes. You can still pursue compensation after a motorcycle crash in New York.

New York follows pure comparative negligence. In plain English, that means your compensation can be reduced by your share of fault, but it is not wiped out simply because you made a mistake. According to the New York court system’s civil practice rules, damages are diminished in proportion to culpable conduct. That rule often decides whether a case has settlement value.

  • A driver may still be liable for an unsafe lane change.
  • A rider may still recover after a partial fault.
  • An insurer will almost always argue the rider caused it all. Don’t buy that too quickly.

For a broader look at motorcycle collision claims, see Motorcycle Accidents in NYC: Common Causes and Legal Options for Riders.

Who is usually at fault?

Fault depends on details. Small details.

A driver who changes lanes without checking mirrors can be liable. A rider weaving between cars at high speed can also carry substantial blame. In many cases, both sides share it. Honestly, that surprises people.

According to NHTSA, 35% of motorcycle riders involved in fatal crashes in 2023 were speeding. Speed is not present in every local crash, of course, but insurers use it as a familiar theme. They also focus on visibility, spacing, and whether the rider had time to avoid impact.

Facts that often decide liability

  • Where each vehicle was positioned before impact
  • Turn signal use and timing
  • Traffic speed at the moment of contact
  • Road conditions, construction zones, or blocked lanes
  • Video from dashcams, stores, garages, or city traffic cameras

If you want to understand how fault evidence gets built, read Proving Fault After a Car Accident in NYC. The same evidence logic often carries over to motorcycle cases.

What damages may be available?

A successful injury claim can include both economic and non-economic losses.

Because motorcycles are excluded from New York no-fault coverage, injured riders often pursue claims directly against the at-fault party rather than relying on basic personal injury protection. That changes the pressure points in the case; medical bills become immediate and very real.

In 2022, according to the Insurance Institute for Highway Safety, 15% of all motor vehicle crash deaths nationwide were motorcyclists. Severe injuries are common. So are steep treatment costs.

Why hiring a lawyer can change the outcome

Insurance companies often treat these cases as easy denials. They aren’t.

A New York motorcycle accident claim involving lane splitting needs more than a police report. It needs scene analysis, witness work, medical proof, and a clear damages story. In most cases I’ve worked on, the biggest early mistake is waiting too long to preserve evidence.

  • A lawyer can secure video before it is erased.
  • An attorney can counter blanket fault arguments.
  • Experienced counsel can value future treatment costs more accurately.

Cost matters, too. Most personal injury firms, including Levine & Slavit, PLLC, handle these cases on a contingency-fee basis, which usually means no attorney’s fee unless money is recovered. That lowers the barrier to getting answers. Plain and simple.

What to do right after the crash

Act quickly. New York evidence disappears fast.

According to the New York DMV, all injury crashes should be reported, and documentation made early tends to be more reliable than later retellings. If you are physically able, start building the record immediately.

  • Call 911 and seek medical care the same day.
  • Photograph the bike, roadway, and nearby traffic controls.
  • Get names of witnesses before they vanish into the crowd.
  • Do not give a recorded statement to the other insurer without advice.
  • Talk with a lawyer before accepting a quick settlement.

The smart next step for injured New York riders

Lane splitting is illegal in New York. That is the rule.

But your case does not begin and end there. A driver may still have caused the crash through careless lane movement, distraction, speeding, or simple failure to look. If you were injured, the real question is not just what statute was violated; it is how fault should be allocated and what your losses are actually worth.

That’s where careful legal work pulls its weight. And in a city where a crash can happen anywhere from the Grand Concourse to the Staten Island Expressway, local experience counts.

Have Questions About Your Situation?

Every case is different, and the right guidance can make all the difference. The team at Levine & Slavit is available to review your case, explain your options, and help you make informed decisions.

Reach out today for a free, no-obligation consultation.

Call Levine & Slavit, your personal injury lawyers in NY at 212-687-2777 or submit a contact form for a free consultation.