Can You Recover Damages if Hit While Lane Splitting in New York?

The Law on Lane Splitting and Filtering in NY

Riding a motorcycle in New York City or along the congested highways of Long Island often tempts riders to bypass stalled traffic. However, the N.Y. Veh. & Traf. Law § 1252(c) is explicit: no person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. This prohibition covers both high-speed "lane splitting" on the highway and low-speed "lane filtering" at red lights. If you are hit by a car while performing these maneuvers, insurance companies will immediately attempt to weaponize the traffic law against you to deny your claim. To level the playing field, it is highly recommended to hire an aggressive personal injury lawyer from our US Lawyer Directory.

Understanding Modified Comparative Fault

The most important concept to grasp is that breaking a traffic law does not automatically destroy your personal injury case. Under Part EE of Chapter 58 of the Laws of 2026, New York enacted N.Y. C.P.L.R. § 1411(b), establishing a modified comparative fault rule for personal injury claims arising from motor vehicle accidents (effective May 26, 2026). While general tort claims in New York follow pure comparative negligence under N.Y. C.P.L.R. § 1411, motor vehicle accident claims now bar recovery if the plaintiff's culpable conduct is greater than that of the defendant or defendants combined. To recover damages, your share of fault cannot exceed 50%. For example, if a jury decides you are 40% at fault for lane splitting and the car driver is 60% at fault for changing lanes without a blinker, you can still recover 60% of your total assessed damages. The landmark precedent Rodriguez v. City of New York, 31 N.Y.3d 312 (NY Court of Appeals 2018) established that a plaintiff does not need to prove complete freedom from fault to obtain partial summary judgment on liability, though any ultimate financial recovery remains subject to this statutory 50% threshold.

Evaluating Different Riding Scenarios

Insurance adjusters view different types of lane splitting with varying degrees of severity. How you were riding will drastically impact the percentage of fault a jury might assign to you.

Lane Filtering at Red Lights

Creeping to the front of a line of stopped cars at a red light in Queens or Brooklyn is generally seen as less dangerous than highway splitting. If a driver suddenly opens a car door or aggressively swerves into the gap without looking, causing you to crash, your attorney can argue that the driver's failure to observe their surroundings was the primary, direct cause of the collision, minimizing your comparative fault.

High-Speed Lane Splitting

Weaving between moving cars on the BQE or the LIE at 60 mph is extremely risky. In these scenarios, a jury may assign a high percentage of fault to the motorcyclist. Under N.Y. C.P.L.R. § 1411(b), if you are found to be 51% or more at fault (such as 70% or 80%), your financial recovery is completely barred by law. However, if your attorney demonstrates that the car driver was primarily responsible-such as by proving intoxication, texting, or extreme recklessness-and keeps your assessed share of fault at 50% or below, you can still recover damages reduced by your proportion of fault.

Riding on the Shoulder During Traffic Jams

During gridlock, many riders use the paved shoulder to bypass traffic. This violates N.Y. Veh. & Traf. Law § 1131 (driving on sidewalks or shoulders). If a driver illegally pulls onto the shoulder to block you or to exit early, you both share fault. Your lawyer will emphasize the driver's aggressive or unpredictable maneuver over your simple traffic violation.

Fighting Insurance Adjusters Who Assign 100% Fault

Insurance adjusters are trained to protect the company's bottom line. When they see a police report noting the biker was lane splitting, they will often send a denial letter assigning 100% fault to the rider. You do not have to accept this. A skilled attorney will fight back by demonstrating that the driver failed to use mirrors, failed to signal, or engaged in distracted driving, proving that the crash was a shared responsibility.

Step-by-Step Legal Process in New York

Navigating a shared-fault claim requires strategic litigation in the New York court system.

Step 1: Secure the Evidence Immediately

In comparative fault cases, evidence is everything. Your lawyer will immediately send spoliation letters to preserve dashcam video, request nearby storefront CCTV, and track down independent witnesses who can testify that the car driver made an erratic move.

Step 2: Filing the Summons and Complaint

Your attorney will file a formal lawsuit in a local venue like the New York County Supreme Court, New York or the Nassau County Supreme Court, Mineola. The complaint will allege negligence against the driver, anticipating their defense of comparative negligence.

Step 3: Depositions and Discovery

During discovery, your lawyer will question the driver under oath. The goal is to get the driver to admit they did not check their blind spot or use a turn signal before the impact, locking in their share of the liability.

Step 4: Mediation and Trial

Most cases settle during mediation when both sides evaluate the risks of a trial. If the insurance company refuses to budge from a 100% fault assignment, your lawyer will present the case to a jury, asking them to fairly apportion fault and award damages accordingly.

How Much Does it Cost in New York?

Personal injury lawyers handle motorcycle cases on a contingency basis, meaning there are no upfront costs to you.

How Long Does the Process Take?

Because comparative negligence cases involve disputes over exactly who caused the accident, they rarely settle overnight. Expect the process to take 12 to 24 months, and potentially up to 3 years if a full jury trial is required in the heavily backlogged New York courts.

Frequently Asked Questions (FAQ)