Liability and Compensation if Injured While Lane Splitting or Filtering in New Hampshire
Lane splitting and lane filtering are strictly illegal in New Hampshire. If you are injured while riding between lanes, insurance companies will immediately blame you, putting your right to compensation at serious risk under the state's comparative fault rules.
During peak summer traffic on Interstate 93 or the congested streets of Nashua, the temptation to ride your motorcycle between rows of stopped cars is incredibly high. While "lane filtering" is legal and celebrated in states like California, it is strictly forbidden in New Hampshire. If a car suddenly merges into you while you are lane splitting or filtering to the front of a stoplight, the legal aftermath is treacherous. The driver's insurance company will immediately point to your illegal maneuver as the sole cause of the crash, threatening to leave you with crushing medical debt.
Overcoming this massive hurdle requires an aggressive legal strategy to shift the blame back to the negligent driver. We strongly encourage you to browse our directory to find a top-tier New Hampshire personal injury lawyer who knows how to fight back in complicated lane-splitting cases.
The Ban on Lane Splitting in New Hampshire
The law in New Hampshire leaves no room for interpretation regarding how motorcycles share the road. Under N.H. Rev. Stat. § 265:121, motorcyclists are entitled to the full use of a lane, but the law explicitly states that "no person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles." Because you were technically breaking a traffic law at the time of the collision, the defense will argue that you committed "negligence per se," meaning you were automatically negligent by violating a safety statute.
Applying the 51% Modified Comparative Fault Rule
Just because you violated the lane-splitting law does not automatically mean you lose your right to a settlement. Under New Hampshire's modified comparative fault law (N.H. Rev. Stat. § 507:7-d), you can still recover financial damages as long as a judge or jury determines you are 50% or less at fault for the accident. If your case goes to the Merrimack County Superior Court, Concord, the jury will be asked to assign a percentage of blame to both you and the driver.
Filtering at a Stoplight vs. Highway Traffic
The context of your lane splitting drastically impacts your assigned fault:
- Filtering at a Stoplight: If you were slowly inching forward at 5 mph between entirely stopped cars at a red light in Manchester, and a driver aggressively opened their door without looking, a jury might assign the driver the majority of the blame. The danger you posed was minimal compared to their negligence.
- High-Speed Lane Splitting: If you were weaving between moving vehicles at 65 mph on the highway and a car changed lanes, hitting you, a jury is highly likely to assign you more than 51% of the fault. In this scenario, you would be barred from receiving any compensation.
Tactics for Proving the Car Driver's Primary Negligence
To win your case, your attorney must prove that the driver committed an act of negligence that was far more dangerous than your lane splitting.
Texting and Distracted Driving
New Hampshire has strict hands-free driving laws. Under N.H. Rev. Stat. § 265:79-c, it is illegal to use a handheld electronic device while driving. If your lawyer can subpoena the driver's cell phone records and prove they were texting at the exact moment they drifted into your path, the jury is likely to view the driver as the primary cause of the collision, significantly minimizing your assigned fault.
Sudden, Un-Signaled Lane Changes
Drivers have a legal duty to check their blind spots and use their turn signals before shifting lanes. If dashcam footage or witness statements confirm that the driver abruptly jerked into the space between lanes without signaling, your lawyer will argue that the driver's failure to maintain their lane was the direct, proximate cause of the crash.
Collecting Evidence and Legal Costs
Filing a strong claim requires official documentation, starting with the Form DSMV 400, New Hampshire, Division of Motor Vehicles, Motor Vehicle Crash Operator Report. Your lawyer will immediately contact witnesses, secure nearby security camera footage, and request the official report from the New Hampshire State Police, Troop B, Bedford or local authorities. Most injury lawyers charge a standard contingency fee of 33% to 40% of your final settlement, meaning you will not pay hourly rates out of your own pocket.
Frequently Asked Questions (FAQ)
Will the police give me a ticket if I was hit while lane splitting?
Yes, it is highly likely. Because lane splitting violates NH traffic laws, the responding officer will probably issue you a citation. However, getting a ticket does not prevent you from filing a civil personal injury claim against the driver.
Is it legal for two motorcycles to ride side-by-side in one lane?
Yes. New Hampshire law allows a maximum of two motorcycles to ride side-by-side in a single traffic lane. However, you cannot ride three abreast, and you cannot ride next to a standard passenger car in the same lane.
What happens if the driver intentionally swerved to block me?
If a driver commits "road rage" and intentionally opens a door or swerves to hit you while you are filtering, this elevates the case from negligence to an intentional tort. The driver could face criminal assault charges, and their liability in your civil case would skyrocket.
Can the passenger on my motorcycle sue if we were lane splitting?
Yes. A passenger is generally considered an innocent third party. The passenger could potentially seek compensation from both the driver of the car and your motorcycle insurance policy, depending on how fault is divided.
No reviews yet. Be the first to share your experience!