Can I Sue for My Motorcycle Crash If I Was Lane Splitting? | IL

 Posted on August 28,2024 in Motorcycle Accidents

Did you know that Illinois has over 315,000 licensed motorcycles? For many state residents and visitors, riding a motorcycle is an enjoyable alternative to driving cars or using public transportation. Bikers are expected to follow traffic laws like other drivers, including some that apply only to motorcycles. Although lane splitting is illegal in Illinois, some riders still do it.

Riders are extremely vulnerable, often experiencing severe injuries in motorcycle accidents. Can you still get compensation if you were lane-splitting? Case-specific factors determine the answer to that question, and an experienced lawyer from Gruzmark Law, Ltd. can explain during your free consultation.

What Is Lane Splitting?

Roadway traffic lanes in Illinois are usually 10 to 12 feet in width. This space allows enough room for large trucks and passenger vehicles to travel safely in the center of their lanes. A tractor-trailer is 8.5 feet wide, with the average passenger car width being six feet. Motorcycles are much narrower, which allows them to travel in spaces where cars cannot.

Lane splitting is when a motorcycle rider travels along a lane dividing line between two vehicles, typically at higher speeds. Lane filtering is a similar practice, but it usually happens at low speeds to help bikers advance in stop-and-go congestion. Both are illegal in Illinois.

Can You Get Compensation If You Were Lane Splitting?

Even though it is illegal, lane splitting does not necessarily prevent you from getting compensation from other at-fault parties in your accident. Unfortunately, many people are biased against motorcycle riders, so it can be more challenging to win your case, especially if you were lane-splitting when your crash occurred.

As with any kind of car accident or truck crash, more than one person often shares responsibility for causing motorcycle collisions. In these cases, Illinois modified comparative negligence laws govern whether you can collect compensation and place restrictions on how much you might receive.

How does this apply to your accident? Each party that contributes to a collision is assigned a percentage of fault. Suppose your share of the blame is 25 percent due to your lane splitting. You can still get a settlement for 75 percent of your total damages from other at-fault parties. However, if your degree of fault is 51 percent or higher, you cannot receive any compensation.

Liable insurance companies may argue that your lane splitting contributed to more than the allowable maximum degree of fault to avoid paying your damages. They might also blame you for more than your share to reduce your payout. When you partner with Gruzmark Law, Ltd., we will not tolerate bias against bikers or unfair insurance company tactics.

Call for Your Free Consultation With Our Diligent Glenview, IL Motorcycle Accident Lawyers

At Gruzmark Law, Ltd., we will work to preserve your best interests and fight to help you obtain the settlement amount you deserve, even if your lane splitting contributed to causing your crash. Call us at 847-729-7660 today to speak with one of our skilled Cook County, IL personal injury attorneys.