Motorcycle Lane Splitting In Illinois: Legal Risks And Safety Concerns
Motorcycle lane splitting is a topic that raises many questions among both riders and drivers. If you’ve ever been stuck in traffic, you might have seen motorcyclists weaving between the lanes of slow-moving or stopped vehicles. This practice, known as lane splitting, might seem like a quick way to get ahead, but it carries serious risks and legal consequences—especially in Illinois. Costa Ivone’s knowledgeable motorcycle accident lawyers in Chicago here to help motorcyclists understand the legal challenges and pursue the compensation they need after an accident.
Can You Split Lanes On A Motorcycle In Illinois?
Motorcyclists in Illinois often wonder, “Is lane splitting legal?” The straightforward answer is no. Lane splitting, which involves riding between lanes of traffic moving in the same direction, is not permitted under Illinois law. According to Illinois statute 625 ILCS 5/11-703(c), motorcyclists are prohibited from passing between two vehicles moving in the same direction, whether the vehicles are in motion or stopped in traffic.
Violation of this law can result in serious legal consequences. If found guilty of lane splitting, you could face a Class A misdemeanor, which carries a potential punishment of up to one year in jail. In more severe cases, where lane splitting results in an injury, the charges can escalate to a Class C felony, carrying even stiffer penalties.
Given these legal risks, it is crucial for motorcyclists to understand the implications of lane splitting in Illinois. Engaging in this practice not only endangers your safety but also significantly complicates any potential legal claims if an accident occurs.
Motorcycle Lane Splitting Vs. Lane Filtering: Understanding The Difference
Lane splitting involves riding a motorcycle between lanes of slow-moving or stopped vehicles, while lane filtering generally refers to motorcycles moving between vehicles that are stopped at an intersection. Though similar, both practices carry dangers and legal consequences in Illinois.
While lane filtering might seem safer, especially when traffic is at a standstill, it is still illegal and carries the same risks and legal penalties as motorcycle lane splitting. Understanding these differences is crucial for motorcyclists who want to stay within the bounds of the law and avoid accidents.
Where Is Lane Splitting Legal In The US?
While Illinois has strict laws against lane splitting, it’s important to note that this practice is not universally illegal across the United States. In fact, California is the most well-known state where lane splitting is legal. In California, lane splitting is recognized as a way to reduce traffic congestion and improve safety for motorcyclists by minimizing the risk of rear-end collisions.
Other states are considering legislation to legalize lane splitting, but for now, Illinois remains firm in its stance against the practice. Motorcyclists traveling across state lines should be aware of the varying laws regarding lane splitting to avoid legal complications and ensure their safety.
The Dangers Of Motorcycle Lane Splitting
Although some motorcyclists argue that lane splitting can reduce traffic congestion and the likelihood of being rear-ended, the practice is considered dangerous for several reasons:
- Reduced Visibility
Motorcycles are smaller and less visible than cars, making it easy for a motorcyclist to be in another driver’s blind spot. This reduced visibility increases the risk of accidents, especially in heavy traffic where lane changes are frequent.
- Limited Reaction Time
When a motorcyclist splits lanes, they often have less time to react to sudden movements by other vehicles. For example, if a car changes lanes without signaling, a motorcyclist might not have enough time to avoid a collision.
- Speed Differences
The speed differential between a motorcycle and surrounding vehicles can also be a significant risk factor. Even if a motorcyclist is moving at a moderate speed, the relative speed difference compared to the vehicles they are passing can lead to severe accidents.
- Unexpected Obstacles
Motorcycle lane splitting can also be hazardous due to unexpected obstacles such as open car doors or debris on the road, which can cause a motorcyclist to lose control.
Injuries Resulting From Lane Splitting Accidents
Motorcyclists face a significantly higher risk of severe injuries compared to occupants of enclosed vehicles due to the lack of protective barriers. When a lane-splitting accident occurs, the injuries sustained can be catastrophic, affecting nearly every part of the body.
- Traumatic Brain Injury (TBI)
This is one of the most severe outcomes, often resulting from the rider’s head striking the ground or another vehicle, even when wearing a helmet. Traumatic Brain Injury can lead to long-term cognitive issues, memory loss, and changes in personality, requiring extensive rehabilitation and potentially lifelong care.
- Spinal cord injuries
These are also common in these accidents, which can result in partial or complete paralysis. The impact from a collision can crush or sever the spinal cord, leading to significant loss of mobility and independence, as well as chronic pain.
- Broken or amputated limbs
These are frequent in high-impact motorcycle accidents. The force of a crash can shatter bones, and in extreme cases, the limb may need to be amputated due to the severity of the injury. Recovery from such injuries often involves multiple surgeries and prolonged physical therapy.
- Internal bleeding
This is another serious concern, as the blunt force trauma from an accident can cause damage to internal organs, leading to life-threatening complications. This type of injury is not always immediately apparent, making it critical to seek prompt medical attention after an accident.
- Lacerations and facial injuries
This occurs when the rider’s body comes into contact with the road or other vehicles. Deep cuts and wounds can result in significant blood loss, scarring, and the need for reconstructive surgery. Facial injuries can also impact vision, breathing, and other essential functions, requiring specialized medical care.
How Lane Splitting Affects Your Personal Injury Claim
Because lane splitting is illegal in Illinois, participating in this practice can complicate your ability to receive compensation if you’re involved in an accident. Insurance companies and opposing parties may claim that your decision to lane split contributed to the accident, potentially reducing your compensation under Illinois’ comparative negligence rules.
However, this does not automatically disqualify you from filing a claim. In Illinois, you can still seek damages even if you share some responsibility for the accident, as long as your level of fault is below 50%. For instance, if you are determined to be 20% at fault and your total damages are $100,000, you could still be awarded $80,000.
Steps To Take After A Motorcycle Lane Splitting
If you are involved in an accident while lane splitting, taking the following steps can help protect your rights and strengthen your claim:
Step 1: File a Police Report
Documenting the accident with a police report is crucial, as it serves as an official record of the incident.
Step 2: Avoid Admitting Fault
It’s important to be cautious when discussing the accident with other parties involved. Admitting fault can adversely affect your ability to recover damages.
Step 3: Seek Medical Attention
Even if your injuries seem minor, seeking immediate medical care is essential. Some injuries may not manifest symptoms right away but could have long-term effects.
Step 4: Document Everything
Take photos of the accident scene, your injuries, and any damage to your motorcycle. Collect contact information from any witnesses, as their testimonies could be vital in supporting your claim.
Step 5: Contact an Attorney
Before speaking with insurance companies, consult a Motorcycle accident lawyer near me to discuss your legal options and ensure that your rights are protected.
Partner With The Best Motorcycle Accident Lawyer
Lane splitting is illegal in Illinois and poses significant dangers, often leading to severe accidents with traumatic injuries. The complexities surrounding such cases can make it challenging to secure compensation, especially when insurance companies argue that lane splitting was a contributing factor. It is crucial to have experienced legal representation to navigate these challenges and protect your rights.
Costa Ivone attorneys are well-versed in handling complex personal injury cases, including those involving motorcycle accidents. Founded by Anthony L. Ivone and Julio A. Costa, the firm has a proven track record of recovering substantial settlements for clients. Both Anthony and Julio have been recognized by Super Lawyers magazine and the National Trial Lawyers Association’s 40 under 40 list for their excellence in personal injury law.
If you’ve been involved in an accident due to lane splitting, our motorcycle accident attorneys are here to guide you through the legal process. Our knowledgeable team is dedicated to securing the compensation you deserve, leveraging our extensive experience in personal injury cases. Contact us at (708) 816-2621 for a free consultation or visit our Practice Areas page to learn more about how we can assist you.
