Lane splitting is illegal in New York. Motorcyclists who ride between lanes of moving or stopped traffic can be cited under Vehicle and Traffic Law §1128, which requires all vehicles to travel entirely within a single lane. However, being ticketed for lane splitting does not automatically strip an injured rider of the right to compensation. New York's pure comparative negligence system (CPLR §1411) allows recovery even when the motorcyclist shares fault, as long as another party's negligence contributed to the crash.
Riders hurt in lane filtering or lane sharing incidents still face real and serious injuries, and the driver who suddenly changed lanes, opened a door, or drifted without signaling into a motorcycle's path may bear the majority of liability regardless of whether the rider was between lanes at the time of the collision.
Settlement
Jury Verdict
Settlement
Settlement
These terms are often used interchangeably, but they carry distinct meanings that matter in a legal claim.
Lane splitting refers to riding between lanes of moving traffic at a speed higher than surrounding vehicles. This practice is illegal in New York and is the conduct most likely to result in a VTL §1128 citation.
Lane filtering refers to a motorcycle moving between stopped or very slow-moving vehicles, typically at intersections or in gridlocked traffic. Lane filtering is also not expressly permitted under New York law, though it is the subject of ongoing legislative discussion.
Lane sharing refers to two motorcycles riding side by side within the same lane. New York law does not prohibit lane sharing between two motorcycles, distinguishing it from the other two practices.
Understanding which behavior was involved in your crash directly affects how fault is apportioned and how much compensation you may recover. An attorney experienced in motorcycle accident cases can assess which category applies to your situation and build the strongest possible argument for your recovery.
REQUEST A NO-OBLIGATION CASE REVIEW
Lane filtering cases demand attorneys who understand both motorcycle dynamics and the nuances of comparative fault litigation in New York. Porter Law Group has recovered over $500 million for injured clients since 2009, with 7 of 8 attorneys recognized by Super Lawyers and published jury verdicts showing 20x to 34x multipliers over pre-trial insurance offers. The firm retains accident reconstruction engineers and traffic safety experts to prove that the other driver's negligence, not the act of lane splitting, caused the collision. Insurance companies aggressively blame lane splitting riders to avoid paying claims. Porter's trial team counters that strategy with physical evidence, cell phone records, and expert testimony that shifts liability back where it belongs.
"Insurance adjusters treat lane splitting as an automatic defense, but that's not how New York law works. When a driver changes lanes without signaling or opens a door into traffic, that driver is negligent regardless of what the motorcyclist was doing." Michael S. Porter, J.D., Porter Law Group
No. Unlike California, which expressly legalized lane splitting by statute in 2017, New York has no law permitting lane splitting or lane filtering. Officers can and do cite riders under VTL §1128 for failing to stay within a single lane.
That said, a lane splitting or lane filtering citation does not make the rider automatically and fully responsible for a crash. Under New York's pure comparative negligence system, a traffic infraction is evidence of fault, not proof that the rider caused the accident. Courts and juries assess all parties' conduct. A driver who failed to signal a lane change, drifted while distracted, or opened a door into the path of a filtering motorcycle committed independent acts of negligence that are weighed separately from the rider's conduct.
This is a critical distinction, and it is why injured riders should speak with an attorney before concluding they have no case.
Lane filtering and lane splitting crashes in New York follow predictable patterns concentrated in high-congestion areas including the BQE, FDR Drive, Cross Bronx Expressway, Midtown Manhattan, and the Long Island Expressway during rush hours.
Sudden lane changes without signaling are the most common cause. A driver moves laterally without checking mirrors or signaling, cutting directly into the path of a filtering motorcycle. Under VTL §1128, drivers may not change lanes until they determine the movement can be made safely.
Dooring in stopped traffic occurs when vehicle occupants open doors to check conditions or exit while a motorcycle is filtering through. VTL §1214 places liability on the person who opened the door unsafely. Learn more about dooring motorcycle accidents.
Drifting and distracted driving happens when inattentive drivers in slow traffic look at phones or adjust GPS, causing their vehicle to drift 12 to 18 inches into the gap between lanes. Cell phone records and vehicle telemetry can prove distraction at the moment of the crash. Learn more about distracted driver motorcycle accidents.
Merge conflicts at on-ramps and exits occur when a driver merging into congested highway traffic does not see a motorcycle filtering near the merge zone, producing a sideswipe collision where the car's A-pillar or side mirror strikes the rider at close range.
FIND OUT WHO IS AT FAULT IN YOUR LANE SPLITTING ACCIDENT →
Fault in these cases is never automatic. New York's pure comparative negligence system (CPLR §1411) assigns each party a percentage of responsibility, and the rider's compensation is reduced by their share of fault but never eliminated entirely. A rider found 40% at fault for lane splitting on a $300,000 claim still recovers $180,000.
Insurance companies aggressively argue that riders who were lane splitting assumed all risk. However, the other driver's independent acts of negligence, such as failing to signal, opening a door into traffic, or drifting out of their lane, constitute separate violations of the Vehicle and Traffic Law that carry their own weight in the fault analysis.
Key evidence used to determine fault allocation includes:
Accident reconstruction analysis of vehicle positions and motorcycle speed at impact
Police report narrative and any citations issued to either party
Traffic camera or dashcam footage showing lane positions and speed
Cell phone records proving the other driver was distracted
Witness testimony from other drivers, passengers, or bystanders
These crashes produce distinct injuries because the motorcyclist is typically squeezed between two vehicles or struck from the side at close range, often without enough space to fall clear of traffic.
Sideswipe injuries including handlebar impacts to the hands, wrists, and ribs are among the most frequent outcomes. Road rash occurs when riders slide on pavement between or alongside vehicles. Broken bones in the hands, wrists, collarbones, and legs result from direct vehicle-to-rider contact. Traumatic brain injuries happen when the rider's head strikes a vehicle, mirror, or pavement during the impact sequence. In the most severe cases, riders are knocked into adjacent lanes and struck by additional vehicles, resulting in spinal cord damage or wrongful death.
Compensation in lane splitting cases follows the same framework as other motorcycle accident claims, though the comparative fault percentage typically reduces the total award.
Economic damages cover medical bills, lost wages, motorcycle repair or replacement, and future care costs.
Non-economic damages cover pain and suffering, scarring, and loss of enjoyment of life. New York places no cap on non-economic damages in personal injury cases.
Settlement values vary based on the fault split and injury severity:
Learn more about motorcycle accident compensation.
Porter Law Group's published results include 53 cases at or above $1 million. While these results span the firm's full practice, they demonstrate the trial capability and negotiation leverage that benefit every motorcycle accident client.
$3,400,000 Jury Verdict: 40-year-old man sustained a traumatic brain injury in a vehicle collision. The insurance company offered $100,000 before trial. Porter Law Group secured $3.4 million at verdict, a 34x increase.
$1,027,000 Jury Verdict: Severe injuries from a traffic accident. The insurer offered $50,000. The trial team secured over $1 million, a 20x increase over the pre-trial offer.
Every case is different. Past results do not guarantee future outcomes.
The standard statute of limitations is 3 years from the date of the crash under CPLR §214. If the accident involved a government vehicle or was caused partly by a road condition that forced the rider to split lanes unsafely, a Notice of Claim must be filed within 90 days under General Municipal Law §50-e. Wrongful death claims carry a 2-year deadline under EPTL §5-4.1.
Missing a filing deadline permanently bars you from recovering compensation, regardless of how strong your case is.
Learn more about motorcycle accident filing deadlines.
ACT NOW BEFORE YOUR DEADLINE EXPIRES →
Injured in a Lane Splitting Motorcycle Accident in New York?
Let us help. Our clients don't have to pay anything unless we win.
No. Lane splitting is illegal in New York. Officers can cite riders under VTL §1128 for failing to ride within a single lane of traffic. This is different from California, where lane splitting has been expressly legal by statute since 2017. However, being cited for lane splitting does not mean you automatically bear full responsibility for a crash caused by another driver's negligence.
Lane filtering is also not expressly permitted under New York law. While some states have moved to legalize low-speed lane filtering at intersections, New York has not enacted such a statute as of the date of this publication. Riders who filter through stopped traffic may be cited under VTL §1128.
Yes. Under New York's pure comparative negligence law (CPLR §1411), you can recover compensation even if you were lane splitting or filtering at the time of the crash. Your award is reduced by your percentage of fault but is never reduced to zero solely because of your conduct. If the other driver changed lanes without signaling, opened a door, or was distracted, that driver bears independent liability regardless of whether you were filtering between lanes.
Fault is determined by comparing each party's negligence, not by automatically blaming the rider. A driver who fails to signal a lane change (VTL §1128), opens a door into traffic (VTL §1214), or drifts while distracted commits independent negligence. Many lane splitting cases result in 30 to 50% fault assigned to the rider, with the remaining fault assigned to the other driver.
Call 911 and do not leave the scene. Document all vehicle positions, lane markings, and visible damage with photographs before anything is moved. Get the contact information of any witnesses, as their accounts of whether the other driver signaled or drifted can be decisive. Seek medical attention within 24 hours even if you feel only minor pain. Do not give a recorded statement to the other driver's insurance company before speaking with an attorney.
Settlements vary widely depending on fault allocation and injury severity, ranging from $50,000 for moderate injuries with higher rider fault to over $500,000 for severe injuries where the other driver committed a clear traffic violation. A rider assigned 30% fault on a $400,000 claim recovers $280,000. Cases involving unsignaled lane changes or dooring tend to produce stronger recoveries.
A traffic citation for lane splitting is evidence that can be considered in assigning fault, but it does not automatically make you fully responsible. New York courts evaluate all circumstances surrounding the crash. The other driver's independent negligence is assessed separately. Many riders who received lane splitting citations have still recovered significant compensation when the other driver's conduct was the primary cause of the collision.
Founder and managing partner of Porter Law Group. Harvard University (B.A., 1994), Syracuse University College of Law (J.D., 1997). Former U.S. Army JAG Corps Captain, Airborne Training School graduate. Super Lawyers 14 consecutive years, 10.0 Superb on Avvo, Distinguished rating from Martindale-Hubbell. Over 20 years of trial experience and $500 million in recoveries.
Reviewed by Michael S. Porter, J.D. | Last updated: [April, 2026]
If you were injured in a lane splitting motorcycle accident in New York, contact Porter Law Group at (833) PORTER-9 for a free, no-obligation consultation. We operate on a contingency-fee basis, so you pay nothing unless you win.
Monday to Friday: 8 AM to 5 PM
Phone: +1 833-767-8379
Email: info@porterlawteam.com
Avoid sharing confidential information via contact form, text, or voicemail as they are not secure. Please be aware that using any of these communication methods does not establish an attorney-client relationship. *By appointment only.
The information contained on this site is proprietary and protected. Any unauthorized or illegal use, copying, or dissemination will be prosecuted to the fullest extent of the law. All content on this site is provided for informational purposes only. It is not, nor should it be taken as medical or legal advice. None of the content on this site is intended to substitute for medical advice, diagnosis, or treatment. Attorney Advertising.
We serve clients in every city and county in New York State. These include places like: The Adirondacks, Albany, Alexandria Bay, Amsterdam, Astoria, Auburn, Ballston Spa, Batavia, Beacon, Binghamton, Brooklyn, Buffalo, Canandaigua, Carthage, Cattaraugus, Catskill, Cayuga Lake, Cazenovia, Chelsea, Clayton, Clifton Park, Cobleskill, Colonie, Cooperstown, Corning, Cortland, Delhi, Delmar, Dunkirk, East Aurora, East Hampton, Elmira, Fayetteville, Finger Lakes, Flushing, Fredonia, Fulton, Garden City, Geneva, Glen Cove, Glens Falls, Gloversville, Gouverneur, Great Neck, Greenwich Village, Hamilton, Hammondsport, Harlem, Haverstraw, Hempstead, Herkimer, Hornell, Hudson, Huntington, Ilion, Ithaca, Jamaica, Jamestown, Johnstown, Kingston, Lake George, Lake Placid, Lewiston, Little Falls, Liverpool, Lockport, Long Island City, Lowville, Malone, Manhattan, Manlius, Massena, Medina, Middletown, Monticello, Montauk, Mount Vernon, New Paltz, New Rochelle, Newburgh, Niagara Falls, North Tonawanda, Norwich, Nyack, Ogdensburg, Old Forge, Olean, Oneida, Oneonta, Ossining, Oswego, Penn Yan, Peekskill, Plattsburgh, Port Chester, Potsdam, Poughkeepsie, Queens, Rhinebeck, Riverhead, Rochester, Rome, Rye, Sag Harbor, Saranac Lake, Saratoga Springs, Schenectady, Seneca Falls, Seneca Lake, Skaneateles, SoHo, Southampton, Spring Valley, Staten Island, Stony Brook, Suffern, Syracuse, Tarrytown, The Bronx, Thousand Islands, Ticonderoga, Troy, Tupper Lake, Utica, Warsaw, Waterloo, Watertown, Watkins Glen, Wellsville, White Plains, Williamsburg, Woodstock, Yonkers, and many more communities throughout New York State.
Copyright © 2026, Porter Law Group. Personal Injury Lawyers
Made with 💛 by Gold Penguin
