Lane splitting can affect your motorcycle accident claim in Illinois, but that alone may not bar you from compensation. Fault will be shared based on the circumstances. Lane splitting—riding between lanes of traffic—is illegal in Illinois, and if it played a role in your crash, it could impact how fault is determined.
How Lane Splitting Affects Liability in Illinois
Since lane splitting is prohibited in Illinois, being involved in an accident while lane splitting can complicate your claim. If a motorcycle is lane splitting and gets into an accident, the motorcyclist could be considered partially at fault, depending on the circumstances of the crash. This doesn’t automatically bar you from recovering compensation, but it may affect how much you can receive.
Illinois follows a modified comparative negligence rule, which means you can still recover damages as long as you are less than 50% at fault. However, your compensation will be reduced according to your degree of responsibility.
Other Factors That May Impact Your Claim
Even if lane splitting was a factor, it doesn’t mean the other driver is off the hook. Courts will consider the overall circumstances of the crash, including:
- The other driver’s behavior: Were they speeding, distracted, or under the influence?
- Road conditions: Were there factors like construction or poor visibility that contributed?
- Witness statements: Did anyone see how the accident occurred?
- Accident reconstruction reports: Expert analysis can clarify the sequence of events and who may have been at fault.
If You Have Questions About Lane Splitting After a Motorcycle Accident, We Can Hammer Out the Details
Dealing with the aftermath of a motorcycle accident can be overwhelming, especially when lane splitting complicates the claim. At the Illinois Hammer, we understand the nuances of Illinois motorcycle laws and are prepared to fight for your rights. We’ll work tirelessly to ensure you receive the compensation you deserve.
Contact us today for a free consultation to discuss your case and understand your legal options.
