Lane Splitting and Liability: What Motorcyclists Need to Know
Sept. 11, 2025
In the aftermath of an accident, the last thing anyone wants to worry about is who may be blamed—and how the law applies. One issue that frequently comes up in motorcycle accident cases is lane splitting and whether it affects liability.
If you’re a motorcyclist in Philadelphia County, Montgomery County, or Delaware County, you’ve probably found yourself in traffic, tempted to slide between lanes to get moving.
Maybe you've done it before. Maybe you’ve wondered if it’s legal—or safe. Maybe you’ve been hit while trying to move through slow-moving traffic, and now you're left dealing with the consequences.
At Richard L. Vanderslice, P.C., we’re here to help make sense of how lane splitting is treated under Pennsylvania law, what your rights are after a crash, and how liability is assessed when lane splitting is involved.
Reach out to us today in Philadelphia, Pennsylvania, if you've been in a motorcycle accident and want help protecting your rights.
What Is Lane Splitting?
Lane splitting refers to the practice of a motorcycle riding between two lanes of traffic, often to move past slower-moving or stopped vehicles. It’s also known as “white-lining” or “striping.” Motorcyclists often use this maneuver in heavy traffic to avoid being stuck between large vehicles or to keep moving during gridlock.
It’s important to differentiate lane splitting from lane sharing, where two motorcycles ride side-by-side in a single lane, which is permitted under certain conditions. Lane splitting involves passing vehicles in adjacent lanes by riding between them—typically in the same lane space used by those vehicles.
Lane Splitting Laws in Pennsylvania
Pennsylvania law doesn't permit lane splitting. The Pennsylvania Vehicle Code is clear: motorcycles must obey the same lane usage rules as other vehicles. That means staying within a single lane and not passing within the same lane that a car or truck occupies.
While some states like California have laws that expressly allow lane splitting, Pennsylvania hasn't adopted similar legislation. In fact, § 3523 of the Pennsylvania Vehicle Code specifically prohibits operating a motorcycle between lanes of traffic or between adjacent rows of vehicles.
This makes lane splitting illegal in Pennsylvania, regardless of traffic conditions or rider experience.
How Lane Splitting Affects Liability in a Crash
Even though lane splitting is illegal in Pennsylvania, that doesn’t automatically make a motorcyclist at fault for an accident. Liability in personal injury cases depends on the facts of the incident and how the actions of all parties contributed to the crash.
Let’s look at how fault might be determined in a lane-splitting crash:
Factors that may affect liability decisions include:
Was the motorcyclist speeding or driving recklessly?
Did the car driver make an unsafe lane change without signaling?
Was traffic stopped or moving slowly when the lane splitting occurred?
Was there road construction or another hazard that influenced the rider’s decision?
In some cases, the court may find shared fault between the motorcyclist and another driver. Pennsylvania uses a modified comparative negligence rule, which means a rider can recover damages as long as they were less than 51% at fault. But their recovery is reduced by their percentage of fault.
So if a rider is found to be 30% at fault for lane splitting, they could still recover compensation—but their total award would be reduced by 30%.
Common Scenarios Where Lane Splitting Leads to Disputes
Every accident is unique, but there are a few common situations where lane splitting becomes a key issue. Knowing how these scenarios are handled can help riders make more informed decisions—and understand their legal options if they’ve already been in a crash.
Some typical accident situations involving lane splitting may include:
A car changes lanes without signaling: If a rider is lane splitting and a car abruptly moves over, both parties may share blame.
Stop-and-go traffic leads to lane filtering: A motorcyclist tries to inch between cars in heavy traffic. If a door opens or a driver moves unexpectedly, a collision may occur.
A driver merges without checking blind spots: Motorcycles can be hard to see, and drivers often miss them when they’re lane splitting.
A motorcycle attempts to pass near an intersection: Lane splitting near intersections or exits is especially risky and more likely to lead to disputes over fault.
These scenarios are often subject to disagreement between the involved drivers, insurance companies, and sometimes even witnesses. That’s why collecting evidence and speaking with a lawyer early on is so important.
What Evidence Can Help Support Your Case
Whether you were lane splitting or not, it’s crucial to gather strong evidence after any motorcycle crash. This helps paint a clear picture of what happened and supports your version of events.
Key types of evidence to document include:
Dash cam or helmet cam footage: This can offer an objective view of what led to the crash.
Photos of the scene: Include vehicle positions, damage, road conditions, and traffic signs.
Witness statements: Neutral third-party accounts can support your case.
Police report: Officers may include details on lane positions, traffic violations, and preliminary fault.
Medical records: Immediate medical attention not only helps your health—it also documents injuries linked to the crash.
Having this kind of evidence can be incredibly helpful when negotiating with insurance adjusters or preparing for a court case. Even if you think you were partly at fault, it’s worth collecting everything available to support your side.
How Insurance Companies Treat Lane Splitting Cases
Insurance companies are quick to protect their bottom line—and if lane splitting is involved in your crash, they might try to pin the blame on you entirely. Because it’s illegal in Pennsylvania, insurers may argue that your actions were negligent and deny your claim.
That said, we’ve helped many riders push back against unfair denials. Insurance companies often overlook:
Contributing negligence from the other driver
Poor visibility, signaling failures, or aggressive lane changes
The reality that lane splitting didn’t directly cause the accident
You don’t have to accept the insurer’s first answer. If you’re being blamed unfairly, it’s worth pushing back with legal support from an experienced personal injury lawyer and the right documentation.
What You Should Do After a Lane Splitting Accident
If you’ve been involved in a crash while lane splitting, your actions in the immediate aftermath—and in the days following—can affect your legal rights and potential compensation.
Steps to take after the accident include:
Get medical help: Even if you feel okay, injuries from motorcycle accidents can show up later.
Call the police: Always get an official report on file.
Document the scene: Take photos, record video, and gather contact info from witnesses.
Avoid admitting fault: It’s natural to say “I’m sorry,” but anything you say could be used against you.
Speak with a lawyer before dealing with insurance: This helps protect your claim from being undervalued or denied.
These steps apply whether you were lane splitting or simply riding responsibly when another driver made a mistake. Don’t assume that being on a motorcycle means you're at fault. That’s not how the law works.
How We Help Motorcyclists Protect Their Rights
We’ve worked with many riders who found themselves being blamed for an accident they didn’t cause—or who shared only partial responsibility. Lane splitting can complicate how your case is treated, but it doesn’t cancel out your rights.
We take the time to hear your story and look at the full picture:
Did the other driver behave carelessly?
Did the road conditions make lane splitting seem like a safer choice?
Are insurance companies ignoring key facts in your case?
We help motorcyclists across Philadelphia, and the surrounding areas, protect their rights and fight back when blame is unfairly placed. If you were lane splitting when your crash occurred, you still have legal options. Don't let one decision define your entire case.
Contact a Skilled Personal Injury Lawyer Today
Motorcycle accidents can be life-altering. And when lane splitting is involved, things can get even more complicated in the eyes of insurance companies and opposing attorneys. But don’t let fear or uncertainty stop you from defending your rights.
If you've been in a motorcycle crash—whether you were lane splitting or not—you need someone who will listen to your side, build your case, and fight for a fair outcome.
At Richard L. Vanderslice, P.C., we’ve helped riders across Philadelphia, Philadelphia County, Montgomery County, and Delaware County seek compensation for their injuries and losses.
Reach out to us today to talk about your accident, your legal options, and how we can help you move forward.