Traffic doesn’t move the same way when you’re on two wheels. Riders see gaps where cars see gridlock. That’s the mindset behind motorcycle lane splitting — riding between lanes of slower or stopped vehicles.
The practice is banned under Illinois lane splitting law but still tempting in stop-and-go traffic.
The risks are real. According to the Illinois Department of Transportation, fatalities from motorcycle crashes made up 11.4% of all motor vehicle deaths in 2022. That imbalance shows how unforgiving a motorcycle accident in Illinois can be, especially when lane splitting is involved.
This article breaks down how fault is determined in these cases, what options injured riders have under Illinois law, and how Chicago motorcycle accident lawyers can help. Here’s what we’ll cover:
- Lane splitting laws in Illinois
- How fault is proven in a motorcycle accident
- The role of modified comparative negligence
- Common causes of motorcycle accidents in Chicago and Illinois involving lane splitting
- Evidence needed to build a personal injury claim
Lane Splitting Laws in Illinois
Lane splitting is one of the most debated practices in motorcycle law and culture.
Supporters argue it reduces congestion and helps riders avoid rear-end collisions in stop-and-go traffic. Critics point to the danger of weaving between cars that may change lanes without warning.
Either way, understanding the laws is a must for anyone involved in a motorcycle accident lawsuit.
What Is Lane Splitting?
Lane splitting means a rider drives between lanes of slower or stopped vehicles, often on highways or congested city roads. It’s sometimes confused with lane sharing, when two motorcycles ride side by side in the same lane — something Illinois does allow.
The risks of lane splitting are well-documented. A driver who doesn’t expect a motorcycle between lanes may merge suddenly, leaving the rider little chance to react.
This often leads to motorcycle crash injuries, from broken bones to head trauma, even in low-speed collisions.
Lane Splitting in Illinois
Under Illinois lane splitting law, the practice is not legal. Riders must stay within a marked lane of traffic.
While some states have moved toward limited legalization — California permits it statewide, while Utah and Montana allow controlled forms of lane filtering — Illinois has not followed suit.
That means fault and liability issues can quickly become complicated if an accident happens while a rider is lane splitting in Illinois. Courts and insurers may view the rider’s actions as a contributing factor, even if another driver also acted negligently.
Proving Fault in a Lane Splitting Accident
Fault can be a deciding factor in any motorcycle accident claim. In Illinois, establishing the motorcycle accident cause, which often determines whether a rider can recover compensation, and how much.
Lane splitting adds another layer of complexity since the act itself violates Illinois traffic law.
Understanding Motorcycle Accident Fault
Illinois uses negligence principles to decide who is responsible in motorcycle accident cases. Fault is typically based on whether a driver — or a rider — failed to act with reasonable care on the road.
Evidence plays a central role in these determinations:
- Police reports document traffic violations, officer observations, and citations issued at the scene.
- Witness testimony can confirm whether lane splitting occurred or whether a driver’s sudden maneuver created the hazard.
- Accident reconstruction experts may analyze skid marks, vehicle positions, and crash dynamics to explain how the collision happened.
This evidence together helps establish motorcycle accident fault under Illinois law.
Modified Comparative Negligence in Illinois
Illinois follows a modified comparative negligence system with a 51% bar.
That means an injured person can recover damages only if they are less than 51% at fault for the crash. If fault is shared, compensation is reduced by the rider’s percentage of responsibility.
For example, imagine a rider was lane splitting when a driver abruptly changed lanes while distracted. A court might assign 40% fault to the rider for lane splitting and 60% fault to the driver for unsafe driving. In that scenario, the rider could still recover damages, but the total award would be reduced by 40%.
This standard makes it possible for injured riders to pursue a claim for most motorcycle accidents even when their own actions contributed to the crash — so long as they are not primarily responsible.
Common Causes of Motorcycle Accidents Involving Lane Splitting
Lane splitting already carries risk, and combining it with common driver mistakes worsens the odds.
National crash data shows motorcyclists face a much higher chance of severe injury in a collision. Motorcycles accounted for 14% of all traffic fatalities in the U.S. in 2022, despite making up only 3.5% of registered vehicles (NHTSA).
That imbalance underscores how quickly a lane-splitting maneuver can turn into a life-altering crash.
Driver Blind Spots
Cars and trucks have large blind spots that often hide motorcycles from view. When a rider moves between lanes, they can pass through these zones unnoticed.
If a driver merges or drifts without checking mirrors carefully, the result is a direct motorcycle collision. These accidents often cause serious motorcycle crash injuries because the rider has little time to react.
Sudden Lane Changes
A driver frustrated in traffic may dart into another lane without signaling. For a motorcyclist moving between cars, this type of maneuver leaves no room for escape.
The risk is especially high on highways where vehicles shift lanes frequently to gain speed. This scenario contributes to the high motorcycle accident rate in urban areas.
Distracted or Aggressive Driving
Texting, eating, or adjusting navigation while driving creates danger for everyone, but motorcyclists pay the highest price.
Aggressive behaviors — like tailgating or cutting off riders — also raise the likelihood of crashes during lane splitting. These are among the common reasons why motorcycle accidents occur.
Speeding or Following Too Closely
When a motorcyclist lane splits at a high speed, the margin for error narrows. At the same time, drivers who follow too closely may not have enough space to avoid a rider slipping between cars.
Both behaviors significantly increase the severity of accidents when they happen.
Building a Personal Injury Claim After a Lane Splitting Accident
Even when lane splitting is a factor, injured riders still have the right to pursue a personal injury claim.
The strength of that claim depends on the evidence collected and how damages are presented. Building the case step by step gives motorcycle accident victims the best chance of recovering compensation.
Evidence to Support a Chicago Motorcycle Accident Claim
The foundation of any claim for a motorcycle accident is proof. Several types of evidence can demonstrate how the crash happened and who should be held liable:
- Police reports: Document violations, officer observations, and citations that support fault analysis.
- Medical records: Show the extent of injuries and establish a link between the accident, treatment, and medical expenses.
- Photos and video: Crash scene images, dash cams, and nearby surveillance can capture what unfolded.
- Expert testimony: Accident reconstruction specialists can explain how the mechanics of the crash point to negligence.
Together, this evidence paints a clear picture for insurers or courts when determining fault for Chicago motorcycle accident victims.
Potential Compensation
A strong claim also shows the full impact of the accident. Victims may seek:
- Economic damages: Current and future medical bills, lost wages, and rehabilitation costs.
- Non-economic damages: Pain and suffering, emotional distress, and diminished quality of life.
- Long-term costs: Adaptive equipment, ongoing therapy, and the financial weight of severe motorcycle crash injuries.
The goal of an experienced motorcycle accident attorney is to calculate both immediate and future needs, making sure no part of the recovery is overlooked. This often results in more complete motorcycle accident compensation for the victim.
How a Chicago Motorcycle Accident Lawyer Can Help
Filing a claim after a motorcycle crash is rarely straightforward. Insurance companies may argue the rider’s lane splitting bars compensation, or they may downplay the extent of catastrophic injuries.
Having an experienced Chicago motorcycle accident lawyer on your side makes a significant difference in the outcome of a case and can be worth the motorcycle accident attorney cost.
The Role of an Attorney in Motorcycle Accident Cases
A motorcycle accident lawyer serves as both investigator and advocate. They:
- Collect evidence to prove fault in a motorcycle accident.
- Handle communication and negotiation with the insurance company.
- Build a case that can withstand scrutiny in court if settlement talks fail.
By taking on these responsibilities, a motorcycle accident attorney increases the chances of securing full and fair compensation — regardless of the motorcycle accident insurance.
Why Work With a Chicago Personal Injury Lawyer
Hiring a Chicago motorcycle accident lawyer offers advantages that go beyond general legal knowledge.
Local attorneys understand Illinois traffic statutes, court procedures, and jury expectations. They know the judges, the insurance defense strategies, and the nuances of filing in Cook County or surrounding areas.
This experience helps a motorcycle accident lawyer in Chicago deliver personalized representation while navigating the unique challenges of Illinois accident law.
Riding Between the Lines of Law and Justice
Lane splitting may be banned in Illinois, but the law doesn’t erase the complexity of a crash. Fault isn’t always black and white, and injured motorcycle riders should know their rights before assuming they have none. Illinois’s modified comparative negligence system leaves room for recovery even when mistakes are shared.
The road forward often depends on who builds your case. An experienced advocate can turn evidence into accountability and fight for the compensation that helps you move on after a crash.
If you’ve been injured in a motorcycle accident, reach out to Midwest Injury Lawyers for a free consultation with a motorcycle accident lawyer in Chicago. Our team understands motorcycle accident law in Illinois and is ready to stand up for your recovery. Contact us today!