Lane splitting could cost you the payout even if they hit you
If you are riding a motorcycle in Indiana and get into a crash while lane splitting, you may lose your payout even when the other driver is clearly the one who hit you. In Indiana, lane splitting is illegal, and that violation may give insurance companies and courts a clear argument: the rider contributed to the crash by breaking traffic laws.
Under Indiana’s comparative fault system, the amount of compensation you receive depends on your share of fault. Any percentage of responsibility assigned to you can reduce your recovery.
After a motorcycle accident, insurance companies look at the actions of everyone involved, not just the driver who made contact. This matters because, according to the National Safety Council, motorcycle riders accounted for 3.6% of all traffic injuries in 2024.
Knowing how motorcycle accident fault is determined can help you understand why violating Indiana traffic laws may affect your claim.
What Is Lane Splitting?
Imagine you’re sitting in your car in slow traffic. There are two lanes of vehicles moving in the same direction, maybe at 10 or 15 mph, and instead of staying behind the cars, a motorcycle rides between the lanes, passing through the gap separating them. That’s lane splitting.
People sometimes confuse lane splitting with lane filtering. The main difference is that lane filtering happens when traffic is stopped or nearly stopped. For example, a motorcyclist may ride between stopped cars at a red light to reach the front of the line before the light changes.
While the terms describe different riding maneuvers, Indiana Code § 9-21-10-6 prohibits both because motorcycles are expected to stay in their lane, just like every other vehicle on the road.
How Does Indiana Assign Motorcycle Accident Fault?
Indiana uses a modified comparative fault system. Instead of asking who caused the crash, the law looks at how much each person contributed to it.
Each person involved is assigned a percentage of fault based on the evidence available. The amount of compensation they can recover is reduced by their share of the responsibility.
For example, a $100,000 claim could be reduced to $80,000 if you are assigned 20% of the fault. If you’re 40% at fault, your recovery could be reduced to $60,000. You generally cannot recover damages under Indiana law when found to be more than 50% responsible.
Because lane splitting violates Indiana traffic rules, insurance companies may argue that the rider shares responsibility for the crash. However, that argument’s success depends on the specific facts and evidence in the case.
What Should You Do If You’re Accused of Lane Splitting After a Crash?
If an insurer says you were lane splitting, review the information used to make that decision. The following steps can help you understand what happened and respond to the claim.
Start by reading the police report and checking that it accurately describes the crash. Look at whether it correctly explains the:
- Rider’s position
- Traffic conditions
- What happened before the collision
Keep any evidence related to the crash, including photographs of the vehicles, damage, the roadway, and any other details that may help explain what happened.
Make sure to get witness information as soon as possible. People’s memories can change over time, so getting names and contact details shortly after the crash can help preserve important information about what happened. Witness statements and available video footage may provide valuable clues about how the collision occurred.
Get advice from a lawyer before making a decision on a settlement offer. They can review the circumstances of your crash and answer questions such as, is lane splitting legal in Indiana for motorcyclists? If an insurer assigns you part of the blame, make sure you understand how that decision affects your compensation before agreeing to an offer.
In many cases, accepting a settlement closes the claim, which may prevent you from seeking additional compensation later.
Can the Other Driver Still Be Responsible?
A lane-splitting accusation doesn’t mean the other driver is off the hook. Crashes often happen due to mistakes made by more than one person.
For instance, the other driver may have played a part in the crash by:
- Changing lanes without signaling
- Being distracted
- Speeding
- Not checking for nearby vehicles
- Driving while impaired
If any of these actions contributed to the collision, that driver’s percentage of fault can still be significant.
Frequently Asked Questions
Does Lane Splitting Count as Reckless Driving?
No. Lane splitting is not automatically considered reckless driving in Indiana. It is a traffic violation, but the circumstances may affect whether authorities consider other violations or unsafe driving behavior.
What Is the Penalty for Lane Splitting in Indiana?
Lane splitting is not allowed under Indiana law and is a Class C traffic infraction. Riders may face fines, and insurance companies may also consider the offense when reviewing a rider’s driving record or setting rates.
Can Motorcycle Riders Share a Lane in Indiana?
Yes. Indiana law allows two motorcycles to ride side-by-side in a single lane. That is legal.
Can Lane Splitting Increase the Risk of a Motorcycle Crash?
Lane splitting places a motorcycle close to other vehicles, which can create situations where drivers may not notice the rider’s position on the road. Riders can face different collision risks depending on:
- Traffic speed
- Road conditions
- How they perform the maneuver
Why Do States Have Different Rules for Motorcycle Lane Movement?
States create their own traffic laws. This means motorcycle lane movement rules can vary depending on how each state addresses:
- Traffic flow
- Rider safety
- Interactions between motorcycles and other vehicles
Do I Need a Lawyer if I’m Accused of Lane Splitting?
Yes. If you are accused of lane splitting after a crash, a lawyer can help you understand how the allegation may affect your claim and whether the facts of the case support the fault assigned to you.
What Indiana Riders Should Know About Lane Splitting
Lane splitting may save a few moments in traffic, but it can have lasting financial consequences after a crash. Even when another driver causes the collision, violating Indiana traffic laws can reduce your compensation or prevent you from recovering damages if you are assigned most of the blame.
Understanding your responsibilities as a motorcycle rider starts with knowing the rules. Explore our website for more information.
