The rules of the road differ depending on where you are, and that’s just one reason why U.S. roads are often more dangerous than they need to be. In 2022 alone, there were 2.4 million injuries reported nationwide. Illinois, and particularly Chicago, has a massive number of vehicles on the roads, so it’s no surprise when you drive past a wreck.
Lane splitting is a controversial issue, and it’s entirely illegal in Illinois. Instead, Illinois only allows lane sharing, even though some experts claim allowing lane splitting would ease congested traffic.
In this guide, we’re going to discuss what lane splitting is and how the practice could impact your personal injury case.
Key Takeaways
- Motorcyclists use lane splitting to pass vehicles by weaving between lanes, using the stripe in the center while surrounding vehicles are moving.
- Proponents of lane splitting claim that it reduces congestion, travel time, and the risk of injury.
- Other than California, every state prohibits lane splitting in all circumstances.
- Lane filtering is the same as lane splitting, except that surrounding vehicles are stationary. This is also a prohibited practice in Illinois.
- Lane sharing allows two motorcyclists to ride side-by-side instead of in single file. Illinois allows lane sharing on all roads as long as there’s sufficient width.
- Engaging in lane splitting is illegal and could impact your compensation claim if you’re involved in an accident due to the state’s modified comparative negligence laws.
- Hiring an attorney is crucial for managing lane-splitting cases to ensure you get the justice you deserve.
What is Lane Splitting?
Lane splitting is usually practiced by motorcycle riders. Splitting lanes means weaving between traffic moving in the same direction while the traffic is moving. In contrast, if traffic is stationary and a rider is weaving between vehicles, this is known as lane filtering.
The biggest mistake people make is assuming that both are the same thing, but most motorcycles you see will practice filtering, as this is the only legal move you can make in Illinois. But what does the law have to say on the matter?
Is lane splitting legal in Illinois? In all states, including Illinois, lane splitting is illegal, with one exception: California. According to Forbes, California is the only state where lane splitting is permitted. However, even there, the practice is not explicitly legal or illegal.
According to the California DMV, “California does not allow or prohibit motorcycles from passing other vehicles proceeding in the same direction within the same lane.”
However, under Illinois law, the issue is clear. If traffic is moving in the same direction as you, you must drive as if you were in a car. Only if the traffic is stationary are you legally allowed to move around vehicles.
Why Do Motorcycles Use Lane Splitting?
It’s believed that motorcycle lane splitting safety because it enables riders to escape congestion and slow-moving traffic where the risk of an accident is higher. Since motorists often don’t see or look for motorcycles, maintaining motion as much as possible enhances their safety.
Other proponents of lane splitting believe that it keeps slow traffic moving because a small bike isn’t taking up an entire space on the road. This allows cars and trucks to move up when the motorcyclist begins passing vehicles.
However, although several groups nationwide have lobbied to alter lane-splitting laws over the years, no progress has been made. To put it simply, it’s not a priority for lawmakers.
What is Lane Filtering, and How Does it Differ from Lane Splitting?
Lane filtering is similar to but different from lane splitting. The practice is the same, but the difference is in the traffic speed around you. Riders practicing lane filtering only move between vehicles when the surrounding traffic is stationary.
For example, if I-57 is jammed with cars heading home for the holidays, a motorcyclist using lane filtering could move through cars, trucks, and other vehicles for as long as the traffic remains motionless.
Is Lane Filtering Legal in Illinois?
No, lane filtering is illegal in Illinois. Few states allow lane filtering and apply the same treatment to the maneuver as lane splitting.
The reason why Illinois continues to prohibit lane filtering is that it’s believed that moving at a slow speed in stopped traffic reduces the maneuverability of motorcyclists, increasing the risk of an accident.
What is Lane Sharing, and How Does it Differ from Lane Splitting?
Lane sharing is the practice of two motorcycles riding side-by-side in the same lane rather than riding in single file. A variation of lane sharing is where motorcyclists ride in an offset formation within the same lane.
Some countries apply the lane-sharing moniker to more than two riders moving side-by-side in the same lane. However, this is extremely dangerous due to the limited width of lanes, meaning it’s inadvisable to try this.
Is Lane Sharing Legal in Illinois?
Lane sharing is a legal practice in Illinois. The only rule is that two motorcyclists riding side-by-side must still operate between the lines.
Likewise, whether traffic is stationary or not, both riders must remain where they are and cannot begin passing between vehicles. In other words, they must continue to act like cars and follow the same overtaking rules.
What are the Risks Associated With Lane Splitting and Lane Filtering?
Lane splitting and lane filtering are prohibited on most U.S. roads, including all roads within The Prairie State. It’s long been believed that the advantages of reduced travel time don’t outweigh the potential risks of allowing this practice.
Let’s break down the main risks cited by experts relating to lane splitting and lane filtering:
- Limited Visibility – Most vehicles have blind spots or might be making lane changes at different points. Since most drivers aren’t looking out for motorcyclists, it’s believed that splitting and filtering could increase the number of collisions.
- Lack of Space – Depending on the road, the lanes may be narrow, with large vehicles within those lanes. For example, if a rider attempts to lane split between two trucks, this could leave them with no room for error. Simple misjudgments could result in getting hit or hitting another vehicle. This also applies to other problems, like uneven road surfaces and potholes.
- Driver Aggression – Everyone knows heavy traffic brings out the worst in people. With road rage being a persistent problem, many believe drivers could react aggressively to riders “cutting in line” by lane splitting or filtering, resulting in more road rage incidents.
- Adverse Weather – Alongside the limited room for error, poor weather conditions further complicate splitting and filtering. Illinois is a magnet for wind, rain, and snow, so permitting the practice could cause more accidents.
- Inexperience – Experienced riders know how difficult splitting and filtering successfully can be. Misjudging distances and speeds could lead to disaster. Due to the number of inexperienced riders, letting people split and filter in Illinois could lead to some riders taking substantial risks.
Regardless of where you lie on the matter, these are why so many states outlaw both practices. Even California hasn’t legalized it. Instead, they’ve just never managed to pass a law making it illegal. Generally, most driver safety experts consistently caution against trying to lane split or lane filter.
What are the Potential Injuries from Lane Splitting and Lane Filtering?
Riding a motorcycle is inherently more dangerous than driving a passenger vehicle, such as a car or minivan. In fact, a study conducted by the Air Force Safety Center found that, per mile traveled, motorcyclists are 28 times more likely to die than occupants of a passenger vehicle.
With that in mind, lane splitting and filtering could increase the risk of injury because of riding mistakes and the unavoidable consequences of drivers around them. Here are some of the potential injuries resulting from splitting and filtering:
- Road rash (the most common motorcycle injury)
- Broken bones
- Foot injuries
- Leg injuries
- Head and neck injuries
- Spinal injuries
- Abdominal injuries
- Hand injuries
- Arm injuries
- Burns
Even at the low speeds involved in lane filtering, riders go almost entirely unprotected. Your safety gear won’t do much against a low-speed collision with a giant hunk of metal sitting on the road. That’s why even in countries where splitting and filtering are legal, it’s a maneuver reserved for more experienced riders.
What are the Potential Benefits of Legalizing Lane Splitting?
The American Motorcycle Association and other groups have called for the legalization of lane splitting over the years, citing reduced traffic congestion and improved safety. These calls have grown louder in the last few years, with some states re-examining the issue.
Here are some of the benefits that could be brought to Illinois by changing its lane-splitting law:
- Reduce Congestion – Allowing motorcyclists to move between two lanes using the dividing stripes could reduce congestion by encouraging riders to get out of the way and let other motorists move up into those spots. This could shorten travel times and even reduce driver frustration in heavy traffic.
- Improve Safety – Although splitting is banned due to safety concerns, there are arguments that the practice actually improves safety. When splitting is done safely, it stops riders from getting trapped between vehicles. Moreover, it could reduce the number of rear-end collisions involving motorcycles.
- Better Fuel Efficiency – Climate change is a big issue in Illinois, and it’s well-known that the longer any vehicle stays idle in traffic, the more fuel it burns and the more emissions it emits. Allowing motorcyclists to remain in motion could increase fuel efficiency and limit emissions.
- Increase Comfort – Another issue is the comfort riders experience in traffic. Idling for long periods causes bikes to heat up, which can be uncomfortable for riders. It also creates a potential control issue that could be alleviated by reducing idling time.
The question for road safety experts is whether these benefits outweigh the potential risks of the practice. Unfortunately, there are little signs that this impasse will be dealt with in Illinois within the next few years.
What Does Safe Lane Splitting Look Like?
The key to reaping the benefits of lane splitting is ensuring the maneuver is executed safely. That’s where opponents of the practice say the issue lies because it’s classified as a high-risk maneuver that most riders can’t carry out safely.
We can look to California, which is the only place it can be carried out without penalty in some circumstances. Here’s how safe lane splitting could become a part of the roads in Illinois:
- Riders must be aware of their surroundings at all times, including scanning ahead for potential obstacles and sudden changes to traffic conditions.
- Riders must maintain a safe speed at all times, including not going too quickly or too slowly. Generally, experts recommend going no more than ten mph faster than surrounding traffic.
- Riders must be visible by wearing high-visibility gear and using their lights. Remember, most road users aren’t explicitly looking for riders coming through.
- Riders must choose the right lane. The safest option is to split the first and second lanes, beginning from the left, as this is where other drivers are likeliest to expect motorcyclists.
- Riders must practice good judgment. Lane splitting isn’t always safe, especially when dealing with trucks, buses, and larger vehicles, as these have more blind spots than ordinary motorists.
Can Lane Splitting Impact Your Motorcycle Accident Injury Claim?
Lane splitting can adversely impact a motorcycle accident injury claim because it’s classified as a road traffic violation in Illinois.
If you’re injured while attempting to split lanes, you will receive less compensation than expected because you committed a violation during the incident. Under Illinois’ modified comparative negligence and at-fault laws, blame is assigned to individual drivers/riders. Moreover, blame isn’t apportioned equally.
The other issue is that if you were considered to be at least 50% responsible for an accident, you can’t claim any monetary damages at all.
For example, let’s say that a motorcyclist split lanes in Chicago while under the influence of drugs or alcohol at 40 mph above the speed limit. This catalog of road traffic violations means there’s a strong chance you wouldn’t be able to claim compensation because you’d be viewed as at least 50% responsible for the accident.
Of course, even if you were lane-splitting at the time, the drivers around you still have a duty of care to you. If they hit you and caused serious injuries, you can still receive compensation. However, since lane splitting isn’t legal in Illinois, you wouldn’t get the full compensation award you expect.
That’s why we strongly recommend avoiding lane splitting in all scenarios because if you’re injured in the process, you’re risking your ability to claim a full motorcycle accident injury settlement.
Who is Liable for a Lane Splitting Accident?
It depends on the circumstances. Lane splitting alone doesn’t automatically mean you’ll be blamed for an accident under at-fault laws in Illinois.
For example, a motorcyclist involved in a collision while lane splitting may not be automatically responsible for an accident. A negligent driver who doesn’t see them may attempt to change lanes without signaling and then hit them.
However, even if the driver is assigned the blame, they can rightly argue that if the motorcyclist weren’t lane splitting illegally in the first place, there wouldn’t be an accident. It won’t completely remove them of blame, but it would reduce the final award in motorcycle accident cases.
An Experienced Attorney May Be Necessary for a Lane-Splitting Claim
Accidents caused by lane splitting are contentious because the practice is explicitly prohibited in Illinois. Understand that since you’re carrying out an offense, you won’t gain 100% of the possible compensation regardless of which attorney you choose.
However, a Chicago motorcycle injury lawyer can maximize your compensation award by painting a complete picture of what actually happened, including by showing that the other driver was negligent in their actions and breached their duty of care.
Here’s how an experienced attorney might help:
- Gather evidence to prove the other driver’s negligence.
- Help you avoid lowball settlement offers.
- Negotiate the highest possible settlement.
- File a lawsuit and navigate court procedures.
If you’ve been involved in a lane-splitting motorcycle accident, contact an experienced Chicago personal injury attorney immediately. Never attempt to fight your own personal injury case because, with a personal injury lawyer’s expertise, you’re guaranteed to increase your chances of getting the justice you deserve.
Illinois Lane Splitting FAQs
What is the penalty for lane splitting in Illinois?
Illinois’ traffic laws state that it’s illegal for a two-wheeled vehicle to pass two vehicles simultaneously, meaning that lane splitting is entirely prohibited. If found guilty, you could be charged with a Class A misdemeanor, which carries financial penalties and potential punishments of up to one year in jail.
Will Illinois allow lane splitting?
The Illinois State Government has made no moves to change their lane splitting laws. Currently, there are no proposed laws in progress that would legalize the practice. This means motorcyclists cannot attempt the maneuver on any road within state borders.
Will Illinois allow lane filtering?
No, there are no signs that Illinois intends to legalize lane filtering. However, the likelihood of this situation changing has increased in the past few years. Recently, Colorado and Minnesota have both legalized lane filtering, with other states also proposing changes that would allow motorcyclists to use the maneuver.
