Lane splitting – and an associated practice called lane filtering – is sometimes touted as a safer way of riding. However, laws are unclear about its explicit legal status, which can greatly affect the outcome in a motorcycle accident case.
NJ law has no explicit law saying “do not lane split,” but it is still typically seen as illegal under laws saying you have to maintain your lane. Because of this, it can be used against you in the event you are involved in a crash while lane splitting. However, there are arguments that lane splitting or lane filtering may actually be safer for motorcyclists.
For help after a motorcycle crash, call Trenton, NJ motorcycle accident lawyer Jerry Friedman at 1-800-529-4464.
What is Lane Splitting?
When roads are broken down into multiple lanes, cars have to drive in those lanes. It would be difficult for cars to fit between other cars and pass between them, but motorcycles definitely fit through that gap.
The practice of driving on/near the line to pass between moving cars while driving is called “lane splitting.”
What is Lane Filtering?
Sometimes lane filtering is considered the same thing as lane splitting, but technically, there is a difference: lane filtering is when you drive on the line to advance forward through stopped traffic, while lane splitting is when you pass between moving cars.
Some states explicitly legalize lane filtering, but lane splitting is typically illegal. Some use the name “lane splitting” for both practices.
Is Lane Splitting Illegal in NJ?
This is where things get a bit complicated. Police will often ticket drivers for lane splitting under laws saying that you have to pass on the left or laws saying that you have to drive between the lines. However, there is no explicit statute on point either way.
Does NJ Law Allow Lane Splitting?
While it doesn’t explicitly ban lane splitting, NJ law also does not affirmatively permit it.
What Code Sections Can You Be Charged With?
If you do lane split, you could potentially see traffic tickets under any of these sections:
- J.S.A. § 30:4-88(a) says you must drive in the rightmost lane and pass on the left – driving on the line would not be using the rightmost lane.
- J.S.A. § 30:4-88(b) says you must drive “entirely within a single lane” and cannot leave the lane unless safe – splitting lanes might not always be “within a single lane.”
- J.S.A. § 39:4-96 can charge you with reckless driving if you are weaving between cars at high speeds in a dangerous manner.
Lane Filtering
These same laws ostensibly cover lane filtering as well; the fact that the cars are stopped doesn’t change the fact that you would be driving to the left or driving between lanes. If they truly apply to lane splitting, they would also apply to lane filtering.
Cars vs. Motorcycles
Because cars and motorcycles follow the same laws, these rules are usually applied to stop motorcycles from lane splitting. After all, it would be absurd for a car to try to squeeze between other cars, so the logic goes that it would be illegal for a motorcycle to do it too.
This neglects the fact that motorcycles are different vehicles with a different licensing and insurance system! To drive a motorcycle, you need different skills than you do to drive a car, so it would track that lane splitting could be permissible for motorcycles even if it isn’t for cars, even if that isn’t the way the police usually see it.
Is Lane Splitting Safer?
Many studies – and experiences – show that lane splitting may actually be safer. Other countries and one state (California) explicitly allow lane splitting and lane filtering for this exact reason.
Some reasons that lane splitting might be safer include the following:
- Stop-and-go traffic is potentially more dangerous for riders than drivers, since even a low-speed accident still means getting your physical body hit. Clearing a motorcycle to the front of the traffic helps keep motorcyclists safer.
- Allowing motorcycles to filter to the front at a red light allows other drivers to see them and take care to avoid hitting them.
Many argue that lane filtering between stopped cars is really what’s safer, and that lane splitting should still be illegal, but this is often a heavily debated issue among bikers.
How Lane Splitting Can Affect Your Motorcycle Accident Case
If you get hit while doing something illegal, then you might be considered partly at fault. For example, imagine you get into a crash while you are drunk. Even if the other driver ran a red light or was speeding, they would still take at least part of the blame out on you.
If lane splitting is illegal, and you were doing it when you got hit, you could be seen as the one who caused the crash. However, courts can assign partial fault, allowing our Atlantic City, NJ motorcycle accident lawyer to argue…
- Your lane splitting was only a contributing factor, not the sole cause of the crash.
- You were doing it to keep yourself safe, so it was reasonable.
- The laws don’t exactly make it illegal, and so the jury should err on the rider’s side.
FAQs About Lane Splitting and Lane Filtering on Motorcycles in NJ
Is There Proposed Legislation to Change Lane Splitting Laws?
Not at this time, though legislation is always changing.
Should I Lane Split?
Our lawyers cannot advise you to lane split if it is arguably against the law. That being said, you should always do what’s safest for you.
Riding a motorcycle can be dangerous if other drivers cannot see you or watch out for you.
Will I Be Ticketed for Lane Splitting?
Maybe! If the police do not see it or do not feel it is safe to pull you over for it, it might be allowed. However, don’t confuse the fact that you “got away with it” with lane splitting actually being legal.
Why Do Cars Hate Lane Splitting So Much?
Some drivers hate lane splitting because they feel they cannot see motorcyclists as easily while they are lane splitting. Others find it unsafe that another vehicle is passing them so closely.
However, many have just had bad experiences with motorcycle riders speeding and weaving between cars, rather than experiences with well-informed motorcycle riders just trying to keep themselves safe on the road.
Call Our Motorcycle Accident Lawyers in NJ Today
For a free case review on your potential injury case, call Jersey City, NJ motorcycle accident lawyer Jerry Friedman today at 1-800-529-4464.