Hit While Lane Splitting in New Jersey: Comparative Negligence for Motorcyclists
Lane splitting and lane filtering are completely illegal in New Jersey. If you are hit by a car while lane splitting, insurance adjusters will automatically blame you. However, under New Jersey's comparative negligence law, you can still recover financial damages if you prove the car driver was 50% or more at fault.
Riding a motorcycle in New Jersey's notorious traffic can be incredibly frustrating. When the Garden State Parkway or the Turnpike comes to a standstill, the temptation to ride between cars is high. Unfortunately, this practice carries severe legal consequences. If you are hit by a car while lane splitting, the insurance companies will immediately use the traffic laws against you to deny your injury claim. This guide explains how New Jersey handles lane splitting accidents, how comparative negligence works, and how a skilled lawyer can help you prove the other driver was actually at fault.
Lane Filtering at Red Lights vs Highway Lane Splitting
In the motorcycling community, there is a distinct difference between "lane splitting" (riding between moving vehicles at high speeds) and "lane filtering" (slowly moving to the front of stopped traffic at a red light). However, the law in New Jersey makes no such distinction. Both actions are illegal.
Under N.J.S.A. § 39:4-88, all vehicles must be driven entirely within a single marked lane. Furthermore, N.J.S.A. § 39:4-85 dictates strict rules for overtaking other vehicles, requiring you to pass on the left and prohibiting sharing a single lane side-by-side with a car. If the police respond to an accident in Paterson or Camden and witness or suspect you were filtering, they may issue a traffic citation. This citation gives the car driver's insurance company a massive weapon to use against you.
How Insurance Adjusters Apply Comparative Negligence
If you were lane splitting, the insurance adjuster will immediately argue that your illegal action was the sole cause of the crash. But that is not always the legal truth. New Jersey operates under a system of "modified comparative negligence" governed by N.J.S.A. § 2A:15-5.1. This law means that more than one person can be at fault for an accident, and blame is assigned in percentages.
The 51% Rule in New Jersey
The precedent established in cases like Waterson v. General Motors Corp., 111 N.J. 238 (NJ Supreme Court 1988) clarifies how fault is distributed. In New Jersey, you can only recover financial damages if your share of the blame is not greater than the defendant's. In other words, you must be 50% or less at fault. If a jury at the Superior Court of New Jersey, Law Division, Paterson decides you were 30% at fault for lane splitting, but the car driver was 70% at fault, you win. However, your total financial award will be reduced by your 30% share of the blame. If you are found 51% at fault, you get nothing.
Defensive Arguments to Prove the Car Driver Was at Fault
Just because you were lane splitting does not mean the car driver has a free pass to hit you. Drivers still owe a duty of care to everyone on the road. To win your case, your lawyer must gather evidence-such as dashcam footage, witness statements, and skid mark analysis-to prove the driver acted recklessly.
Sudden Lane Changes Without Signaling
The most common cause of lane-splitting accidents is a car suddenly swerving into another lane without warning. Under N.J.S.A. § 39:4-126, every driver must use a turn signal before changing lanes or turning. If a driver in Edison becomes impatient with traffic and suddenly jerks their car into your path without signaling, they have violated a major traffic law. You can strongly argue that their sudden, illegal maneuver was the primary, direct cause of the collision, putting them well over the 50% fault threshold.
Other strong arguments include proving the car driver was texting and driving, driving under the influence, or intentionally opening their door to block you (which is an act of malicious intent).
How Much Does it Cost to Fight a Claim?
Because fighting a comparative negligence claim requires aggressive legal strategy, hiring a lawyer is highly recommended. You can find an experienced personal injury attorney in our local United States Lawyer Directory. The costs are generally structured as follows:
- Attorney Fees: Most lawyers charge a contingency fee of 33.3% of the final settlement. If you are found 51% at fault and lose, you pay no attorney fees.
- Court Costs: Filing a formal lawsuit using Form CN 10517, New Jersey, Superior Court, Civil Case Information Statement costs approximately $250.
- Accident Reconstruction: To prove the car driver swerved unexpectedly, an expert may be needed. This can cost between $3,000 and $8,000, usually advanced by your lawyer.
How Long Does the Process Take?
Because the insurance company will vehemently fight liability, lane splitting cases rarely settle quickly. It may take 6 to 12 months just to negotiate a fair fault percentage. If a lawsuit must be filed at the Superior Court of New Jersey, Law Division, Camden, the discovery phase, depositions, and eventual trial can take between 1.5 to 3 years to fully resolve.
Frequently Asked Questions (FAQ)
Is lane filtering legal at red lights in New Jersey?
No. Unlike states like California or Utah, New Jersey has not legalized lane filtering at intersections. Moving between stopped cars is considered a traffic violation.
What if the police ticketed me for lane splitting, but not the car driver?
A traffic ticket does not automatically decide fault in a civil injury case. Your attorney can still present evidence to a jury showing that the car driver's sudden swerve or texting caused the accident, despite your ticket.
Can a passenger on a lane-splitting motorcycle sue?
Yes. A passenger generally has no control over the operation of the motorcycle. They can often file a claim against both the motorcycle rider (for illegal lane splitting) and the car driver (for an illegal lane change) to recover their damages.
Will my insurance rates go up if I claim the car driver hit me while I was splitting?
If the insurance company or the court finds you partially at fault (e.g., 30% responsible), your own insurance company may consider it a partially at-fault accident, which could impact your future premium rates.
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