What to Do if You’re Injured in a Motorcycle Accident While Lane Splitting
Lane splitting is a practice that motorcyclists may use to avoid traffic, prevent rear-end collisions and for other safety reasons. Currently, New Jersey does not have any laws prohibiting or permitting lane splitting. If you get involved in an accident as a motorcyclist while lane splitting, it’s important to know when to hire a New Jersey motorcycle accident attorney. An insurance company may try to blame you for the crash unjustly.
About Lane Splitting in New Jersey
Lane splitting refers to a motorcycle riding on the line in between two lanes of traffic moving in the same direction. It is most common when there is heavy traffic congestion that a motorcyclist is trying to avoid. The merits of lane splitting have been highly contested among lawmakers in many states, with California being the first and only state to officially legalize it.
As of 2025, New Jersey remains neutral on lane splitting, with no laws explicitly for or against it. However, lawmakers may view it as reckless driving, depending on the circumstances. If done safely, prudently or to prevent a potential motorcycle accident, there may be no penalties or adverse consequences for lane splitting. These matters are decided on a case-by-case basis.
New Jersey’s Comparative Negligence Law
If a motorcycle accident in New Jersey involves lane splitting, the automobile insurance company that receives the claim will most likely try to use this against the motorcyclist to avoid paying for his or her injuries and losses. An insurance company may argue that the injured motorcyclist is not eligible for any compensation because he or she was lane splitting at the time.
At the very least, lane splitting could result in a reduced settlement under New Jersey’s comparative negligence law (New Jersey Statutes Annotated 2A:15-5.2). This law states that while 50 percent or less contributory negligence (a victim’s share of fault for an accident) will not bar the victim from financial compensation, it will reduce the damages awarded by a matching percentage.
Steps to Take After a Lane Splitting Accident in New Jersey
You could still be eligible for financial compensation if you suffered injuries, property damage or other losses in a motorcycle accident that occurred while you were lane splitting in New Jersey. It’s important, however, to protect your legal rights throughout the claims process by taking the correct steps.
If you can, here’s what to do:
- Get to a safe place out of the road and check yourself for injuries.
- Call 911 immediately to report the accident if anyone is injured.
- Get medical care for your injuries without delay.
- Exchange information with the other driver, but don’t admit fault.
- Gather evidence at the scene, including photos and witness contact information.
- Notify your own insurance company about the motorcycle crash.
- Consult with a motorcycle accident attorney if the insurer tries to deny your claim due to lane splitting.
Securing fair compensation for a motorcycle crash in New Jersey may be more difficult for you if lane splitting is a factor. Know when to hire a New Jersey personal injury attorney for legal representation and advocacy. You may need an attorney to take over claim negotiations with an insurance company for you to secure fair results.