Levine & Slavit | December 30, 2025
New York lane-splitting laws prohibit motorcyclists from riding between two established lanes on a roadway. With this in mind, who is at fault in a lane-splitting accident in NYC? The answer depends on the nature of the accident and available evidence.
Learn how NYC traffic laws impact these cases and what you can do if you’re injured in an accident.
Understanding New York’s Traffic Laws and Motorcycle Safety Regulations
Before diving into who is at fault in a lane-splitting accident in NYC, it’s important to understand local traffic laws. In New York, motorcyclists cannot ride between lanes as a means of cutting through traffic. They must occupy a single lane like any other vehicle and can only pass other vehicles accordingly.
What if you’re out riding with a friend and you want to ride side by side? The law allows this, but only when each rider gives their consent.
If you’re caught illegally riding your motorcycle between two lanes of same-way traffic, you may face fines and other penalties. When the scenario leads to an accident, your liability also comes into question.
Who Are the Possible Liable Parties in Lane-Splitting Accidents?
So, who is at fault in a lane-splitting accident in NYC? Every case is different, but oftentimes, the court looks at the role of both drivers and motorcyclists in causing an accident. Take a closer look at how each party may be at fault in these accidents.
Motorcyclists
To prevent a rise in motorcycle accidents, riders are expected to abide by all New York traffic laws. A biker may not find much harm in coasting between two lanes of traffic, especially on the congested streets of New York City. However, this illegal move can lead to serious injuries.
The court may find a lane-splitting motorcyclist either fully or partially at fault in a collision. The rider’s decision to travel between lanes could directly cause harm to themselves or others.
Other Motorists
Say traffic is moving at a steady pace when a driver decides to switch lanes. However, they fail to use their turn signal and end up side-swiping a lane-splitting motorcyclist. If the motorcyclist tries to sue the other driver for their injuries, the court will need to review evidence to determine the driver’s fault.
A qualified motorcycle accident lawyer can help plaintiffs gather evidence supporting their claim. Depending on the circumstances, the court may find that the driver and the biker share fault.
How New York’s Comparative Negligence Rule Impacts Personal Injury Cases
Why does it matter who is at fault in a lane-splitting accident in NYC? According to the state’s comparative negligence rule, plaintiffs in personal injury cases are able to pursue compensation regardless of shared fault. Any final compensation they receive could be substantially less, depending on the plaintiff’s fault percentage.
Say a lane-splitting motorcyclist sues a driver who hit them while changing lanes without using a turn signal. If the motorcyclist’s damages total $100,000 and the court deems both parties equally at fault, the biker would only be able to receive $50,000 in a settlement.
Speak With an Attorney About Possible Legal Strategies
Finding out who is at fault in a lane-splitting accident in NYC comes down to the amount of evidence supporting your claim. Courts may find one party 100% at fault or split the motorcycle accident liability between multiple parties. The legal team at Levine & Slavit, PLLC, understands local traffic laws and can advocate for accident victims.
If you were injured in a lane-splitting accident, reach out to our attorneys to review your options. You can call our New York City office at (917) 451-6760, contact our Mineola location at (516) 963-5805, or submit our online request form.