How Lane Splitting and Shared Lanes Are Handled in Massachusetts Motorcycle Accidents

Motorcyclists have to deal with unique challenges that are different from those who share the road with them. These problems can range from visibility issues to rider bias after a crash. One of the more complex parts of a motorcycle accident case is how lane positioning, including lane splitting and lane sharing, may affect liability. These practices aren’t always easy to understand for drivers, bikers, or even insurance companies. Still, they can influence how a personal injury claim is handled in Massachusetts.

We explore the legal distinction between lane splitting and lane sharing, Massachusetts traffic laws, how these come together in a claim, and how a motorcycle accident lawyer can help.

What is lane splitting?

When a motorcyclist rides between the lanes of slow-moving or stopped traffic, traveling in the same direction, this maneuver is referred to as lane splitting. This usually happens in heavy traffic situations as bikers attempt to bypass congestion.

Massachusetts law prohibits lane splitting. As such, vehicles (including motorcycles) are required to stay within a single lane and must not pass another vehicle in the same lane. Of course, specific exceptions may apply. If no exception applies, the rider may be exposed to traffic citations and to accusations of negligence in the event an accident occurs.

What is lane sharing?

With such similar-sounding names, it’s understandable how lane splitting and lane sharing may be confused. Lane sharing, however, occurs when two motorcycles ride side-by-side in the same lane. When done correctly, this practice is legal.

Unlike lane splitting, Massachusetts permits two motorcycles to ride abreast in a single lane but prohibits more than two. Lane sharing can only occur between two motorcyclists and not between a bike and a car. While riding in the same lane, riders are expected to avoid weaving or crowding others on the roadway.

The fundamental point is that lane sharing is legal in some situations, while lane splitting is not.

How does lane positioning affect fault in a motorcycle accident?

Massachusetts uses a modified comparative negligence system to determine fault in a motor vehicle accident. Under this system:

• An injured party can recover damages only if they’re 50% or less at fault for the accident.
• If the injured person is more than 50% responsible, they’re unable to receive compensation.

Lane splitting and fault

If a motorcyclist was lane splitting at the time of the crash, insurers or defense attorneys may use that behavior as evidence of contributory negligence. Even if another driver or biker caused the accident, the rider’s decision to lane split could reduce or eliminate their ability to recover damages.

For example, if a driver unexpectedly changes lanes in stop-and-go traffic and hits a rider who was lane splitting, both parties may be deemed responsible for the collision. It may be argued that the biker shouldn’t have been between lanes, and the percentage of fault should be assigned accordingly.

Lane sharing and fault

While lane sharing is generally legal, it can quickly become illegal if one of the motorcyclists acts recklessly. Additionally, if a rider attempts to share a lane with a vehicle, that could play a role in the contributory negligence analysis.

What do insurance companies look for in lane-related accident claims?

When investigating a motorcycle accident, insurers will assess many factors, including, but not limited to:

• Was the motorcyclist obeying all traffic rules?
• Was improper lane use a contributing factor?
• Did the other driver fail to check blind spots or fail to signal before changing lanes?
• Are there witness statements or traffic camera footage to support either party’s claims?

It’s not uncommon for insurance companies to try to place an unfair amount of blame on the biker, especially if lane splitting occurred.

Why legal representation matters in lane positioning cases?

Motorcycle accident claims rooted in lane splitting or lane sharing are typically more complex than other personal injury lawsuits. Due to lane splitting being prohibited in Massachusetts, insurers are commonly quick to assert that a rider’s actions contributed to their injuries even when the other driver was clearly at fault.

An experienced motorcycle accident lawyer should be able to:

• Thoroughly investigate the crash, including gathering surveillance or dash cam footage
• Work with accident reconstruction experts to understand how the lane position did or didn’t affect the accident
• Challenge inaccurate assumptions made by insurance companies about the motorcyclist’s behavior
• Help make sure that the fault is fairly assigned based on the facts and not on any bias against the biker

If lane splitting did indeed take place, it doesn’t automatically bar a rider from recovery. Massachusetts courts will look at the totality of the circumstances. In these cases, the circumstances could include whether the driver was speeding, distracted, or violating traffic laws.

What injured riders should know

If your lane positioning is being questioned, keep the following in mind:

• Don’t assume you’re at fault and don’t take the blame. Though lane splitting may impact your claim, it certainly isn’t the only factor.
• Document as much as you can. Take photos and/or videos of the scene; collect witness contact information; and request a police report.
• Be careful when speaking with insurers, as they might use your words against you in an attempt to shift blame.
• Talk to a motorcycle accident lawyer as soon as possible. The quicker you’re able to consult legal counsel, the better your chances of preserving evidence and protecting your rights.

Protecting your rights after a lane-related motorcycle crash

Massachusetts law clearly states that lane splitting is illegal, while lane sharing between motorcycles is generally permitted. When a motorcycle accident happens, particularly one grounded in questions of lane use, figuring out who is responsible and each party’s share of fault becomes considerably more difficult to determine.

If you or someone you love has been injured in an accident where lane splitting or lane sharing is a concern, you shouldn’t face the insurance company alone. The Law Offices of Gerald J. Noonan can help you understand your options, accurately assess liability, and seek fair compensation for your injuries. Get in touch with our team today to arrange a consultation and get the support you need.