If you commute to Chicago on a daily basis for work or school, then you’ve probably experienced heavy traffic more times than you’d care to remember. You are stuck in bumper-to-bumper traffic when you suddenly hear a sound approaching from behind your vehicle. It’s a motorcyclist trying to get through traffic by lane-splitting, cutting in between cars and trucks stuck in the traffic jam. While a clever way to get wherever the motorcyclist is going, it is also quite dangerous. If you or another motorist doesn’t hear or see the motorcycle, you could start to change lanes, colliding with the two-wheeled vehicle and making your commute more memorable than usual for all the wrong reasons. If this happens to you, whether you are driving the car or riding the motorcycle, you are going to need the assistance of an experienced Illinois motorcycle attorney.
How Prevalent are Lane-Splitting Accidents?
Accidents involving cars and motorcycles can and do happen. These can result in physical damage to both vehicles, with the motorcycle often receiving the brunt of the impact. As a result, a motorcyclist who is involved in a traffic accident with a car, truck, or SUV can receive significant physical injuries as the result of the collision, particularly if it occurs at high speeds, like on a freeway.
Lane-splitting accidents can be quite common. One study of roughly 6,000 accidents in California involving motorcycles found that 17% occurred when the cyclist was lane-splitting. That translates to over 1,000 collisions, a very significant number. This is why Illinois and a number of other states have instituted laws that outlaw or restrict the practice of lane-splitting.
Is Lane-Splitting Legal in Illinois?
No, lane-splitting is illegal in Illinois. Under Illinois statute 625 ILCS 5/11—703(c), it is illegal for a motorcyclist to operate his or her vehicle between two lanes of traffic. This practice is also referred to as lane filtering, and the law applies regardless of whether the other motor vehicles are moving or stopped in traffic. The law requires that all vehicles, including those with two wheels, occupy a single lane and only move out of the lane when it is safe to do so. While it is legal for motorcycles and other two-wheeled vehicles to ride in tandem, occupying one lane of a three or four lane highway by riding side-by-side, you cannot pass two vehicles at once by riding between them.
If a motorcyclist is pulled over for lane-splitting, they face some serious consequences. The Illinois law considers this a Class A misdemeanor, which is much more consequential than a traffic ticket. This carries penalties of up to one year in jail, a period of probation, or a fine of up to $2,500. If the lane-splitting results in bodily injuries to the rider, a passenger, or a third party, then the charge can be increased to a Class C felony, which carries with it jail time.
Who is Liable in a Lane-Splitting Accident?
In general, because lane-splitting is deemed an illegal act because of its inherent danger, the motorcyclist is most likely to be found liable in a lane-splitting accident. However, the finding that the rider engaged in lane-splitting does not mean the driver of the car is blameless. If he or she was also negligent, then the liability for the accident may be split between the car and the motorcycle. This can happen in situations where the car driver went to change lanes without looking, and collided with the lane-splitting motorcyclist.
Illinois is a modified comparative negligence state. This means that an injured party can collect for their damages if their portion of fault is less than 50%. In this situation, the damages they are entitled to receive from the other party will be reduced by the amount of their fault. So, if it is determined that the car driver was 30% at fault, and his or her damages totaled $100,000, then they can receive $70,000 for their damages from the motorcyclist and/or the insurance company that insured the motorcyclist.
In Illinois, where a party’s fault is 50% or more, they will not be entitled to compensation for their injuries. For a motorcyclist, this can present problems. In the case of a lane-splitting accident, unless the rider can show that the car driver was at least 50% liable for the collision, he or she will be unable to collect compensation for damages.
What Happens to Insurance as the Result of Involvement in a Lane-Splitting Accident?
Being involved in an accident does not automatically impact your automotive insurance. If you were not at fault in any way, shape, or form, you will probably not have a problem with getting compensated by your insurance company, and maintaining your current policy. The problem occurs where you have some percentage of liability. Even if you are less than 50% responsible for fault, you could still see an increase in your insurance premiums. This is because your insurance company may decide that you are a higher risk.
If you were deemed to be 50% or more at fault, the consequences for your insurance may be more dire. Not only is there a good chance that your insurer will deny your claim and refuse to provide you with compensation, but you may also see your premiums increase significantly, or even be dropped by your insurance company altogether. This is especially true for the motorcyclist who was lane-splitting.
What Can be Done to Reduce These Accidents?
There are a number of things you can do to reduce these types of accidents. If you are a motorcyclist, it is simple: stop lane-splitting. While getting stuck in traffic is not enjoyable, getting into an accident and facing a potential criminal conviction is much worse.
For the other motorists, there are things you can do to avoid colliding with a motorcyclist engaged in lane-splitting. You should always make sure the coast is clear before changing lanes. This includes looking in the rearview and side view mirrors of your vehicle, as well as glancing over your shoulder. Unfortunately, all vehicles have blind spots, although newer ones feature advanced technology that uses cameras, radar, and sensors to detect these vulnerable areas, making it safer to change lanes. If you are stuck in traffic, avoid the temptation to constantly change lanes as well. There is a tendency to think the grass is always greener and moving faster on the adjacent lane, but all this constant moving is making it more likely you will get into an accident.
Contact an Illinois Motorcycle Accident Attorney Today
Even though it is illegal in Illinois, lane-splitting accidents can and do happen on our busy roads. If you are injured in a lane-splitting accident, either while driving a motorcycle or other vehicle, the experienced motorcycle accident attorneys at Hale & Monico can help you with your case, providing you with the legal assistance you need to get the compensation you deserve. Contact our firm today for a consultation.