Lane Splitting and Lane Filtering in Pennsylvania: How They Affect Your Montgomery County Motorcycle Accident Claim
Motorcycle rides in Montgomery County often encounter traffic congestion and slowdowns on busy roads. Whether part of the morning school drop-off rush or afternoon commute, slow traffic can tempt motorcyclists to ride between vehicles as a practical way of moving through traffic. But Pennsylvania law prohibits lane splitting and lane filtering. If you use either tactic and are injured in an accident, it can significantly affect your motorcycle accident claim.
Lane Splitting and Lane Filtering Under Pennsylvania Law
Lane splitting is riding a motorcycle between lanes of moving traffic, while lane filtering involves moving a motorcycle between stopped or nearly stopped vehicles to move toward the front of a line of vehicles. Pennsylvania law prohibits both types of conduct, although it does not explicitly use the terms “lane splitting” or “lane filtering.”
Pennsylvania law expressly prohibits operating a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. The law also prohibits a motorcyclist from overtaking or passing another vehicle within the same lane. Together, these laws prohibit tactics motorcyclists use to move through stopped traffic.
That said, the law also prohibits automobile drivers from crowding motorcyclists or failing to give them the full use of a lane. This can matter when determining who is at fault in an accident between a motorcyclist and a driver.
How Lane Splitting Impacts Your Claims
If you are lane splitting or lane filtering at the time of your motorcycle accident, it can significantly affect any legal claims you may bring against a driver or another party, even if the other party was at fault for the collision.
For example, say a motorcyclist is lane splitting through congestion when a driver tries to change lanes. The driver doesn’t look before changing lanes or signal the lane change, doesn’t see the motorcyclist, and causes a collision. Although the driver may be at fault for failing to take proper safety precautions and signal the lane change, an insurance company will likely focus on the motorcyclist’s illegal behavior, arguing that, by engaging in reckless conduct in violation of the law, the motorcyclist assumed the risk of being hurt.
While the motorcyclist is lane splitting does not resolve every question about the accident, insurers are likely to use it as a basis to deny any insurance claim.
Comparative Negligence in Pennsylvania
Motorcyclists should also know that lane splitting and lane filtering can reduce their overall recovery in a motorcycle accident case. Pennsylvania follows a modified comparative negligence system, which means the injured party’s negligence may be considered when evaluating damages in an accident case. An injured person can generally recover damages as long as their own negligence is not greater than the defendant’s. If a jury determines that a motorcyclist who is lane splitting is more than 50 percent responsible for their accident, they cannot recover at all.
If the motorcyclist is less than 50 percent responsible, the injured person’s overall monetary recovery is reduced in proportion to the motorcyclist’s share of responsibility. This means that if a motorcyclist suffers $100,000 in damages after an accident but is found 25 percent responsible, the total damages they can recover are reduced to $75,000.
This means that lane splitting or lane filtering to save time can greatly reduce a motorcyclist’s ability to recover in the event of an accident.
Bringing a Strong Motorcycle Accident Claim
If you have recently been involved in a motorcycle accident and are concerned that you may be accused of lane splitting or lane filtering, or were injured when a car failed to give you the required space in your lane, it may be important to carefully develop the evidence to support your claim and show how the other driver was responsible for the injuries you experienced.
Preserving evidence at the time of the accident can be particularly important, including:
- Taking photographs of the position of the vehicles at the time of the accident
- Documenting traffic conditions
- Obtaining names and contact information for any witnesses
- Documenting any statements by the driver
- Obtaining police reports related to the accident
- Locating any dashcam, traffic-camera, or surveillance camera footage of the accident
- Obtaining repair estimates and medical records to document your damages
The sooner you obtain this evidence after an accident, the better. Witnesses’ memories may fade, and surveillance camera footage may be replaced if you wait too long to reach out.
Seeking Assistance for Your Accident
If you were involved in a motorcycle accident involving lane splitting or lane filtering, or you are concerned a driver may allege such behavior to avoid liability, speak with an experienced Montgomery County motorcycle accident lawyer as soon as possible.
Motorcycle accident attorney Anthony C. Gagliano III, Esquire, P.C., frequently represents motorcyclists and understands how drivers and insurance companies often try to accuse motorcyclists of risky or illegal behavior. He can work closely with you to develop the facts of your case, investigate driver liability, negotiate with insurance companies, and fight for your rights in court.
Even if you were lane splitting or lane filtering at the time of your accident, you are still entitled to recover for injuries caused by a negligent driver. If you have questions about your rights, how comparative negligence might impact your claims, and what to do after a motorcycle accident, contact our office today.