Lane splitting is one of those motorcycle riding topics everyone has an opinion on.
But what happens when things actually go wrong? One momentary mistake and a lane splitting motorcycle accident can turn your life upside down — financially and physically.
Whether you split lanes regularly or only when you’re in a rush, you need to know how fault and liability works after an accident.
Here’s a complete guide on what happens when lane splitting goes wrong.
What you’ll discover:
- What Is Lane Splitting?
- Is Lane Splitting Legal Where You Ride?
- How Fault Gets Decided After a Lane Splitting Crash
- Common Causes of Lane Splitting Accidents
- What Injuries Look Like After a Lane Splitting Crash
- Steps to Take After a Lane Splitting Accident
What Is Lane Splitting?
Lane splitting occurs when a motorcyclist passes between two lanes of slow or stopped traffic going in the same direction.
Simple enough. But there are a lot of factors that can go wrong.
Cars don’t expect motorcycles to suddenly be right next to them when they’re driving. It’s that unexpectedness that leads to thousands of accidents every year. One of the most important things to understand about motorcycle lane splitting accidents in Alberta is how they’re treated legally. Lane splitting is illegal in most areas of Canada and the United States, and that changes who’s at fault as soon as a rider decides to do it.
Is Lane Splitting Legal Where You Ride?
Wait, what?
It’s one of the most common mistakes riders make. Thinking that because you can lane split back home means you can do it anywhere in North America.
Lane splitting is only legal in one U.S. state: California. It’s also illegal in every Canadian province.
If that’s the case, why is it legal in California? Great question. It has to do with who’s considered at fault.
If you were lane splitting illegally at the time of the accident, you’re negligent.
Negligence doesn’t mean you automatically lose your ability to recover damages. But it does make winning your case exponentially more difficult.
How Fault Gets Decided After a Lane Splitting Crash
Lane splitting motorcycle accidents are almost never black-and-white.
They’re usually considered shared fault between both the motorcyclist and the driver of the other vehicle. In legal terms, this is known as contributory negligence or comparative fault, depending on which province you’re in.
Here’s what investigators will look at to determine who’s at fault:
- Was the motorcyclist lane splitting legally or illegally?
- Was the motorcycle going much faster than surrounding traffic?
- Did the driver check their mirrors or signal before merging into the motorcyclist’s lane?
- Were road conditions or visibility factors?
Those are the big four that will make or break your ability to prove who’s at fault.
If you’re curious about how percentages of fault are determined, here’s the quick explanation:
Both parties can be found at-fault up to 100% in provinces like Ontario and Quebec. If you’re 40% at-fault, you can technically recover 60% of damages from the other party. However, some provinces won’t allow you to recover anything if you’re found to be more than 50% at fault.
Common Causes of Lane Splitting Accidents
Every motorcycle accident has its own story. But when riders and drivers are splitting lanes, most of those stories fall into one of five categories.
Changing lanes. The number one cause of lane splitting accidents. A driver changes lanes without signaling and moves right into the path of a motorcyclist.
Driver blind spots. If you’ve ridden a motorcycle long enough, you know how easily you can get lost in a car’s blind spot. That holds true for lane splitting too. Even if the driver intended to check their blind spot before merging, they still might not see you.
Speed. Speeding played a factor in 36% of motorcycle accidents in 2023. The same principle applies to lane splitting — the greater your speed difference with the cars around you, the less time you have to react.
Some other common causes:
- Opening car doors
- Road debris/potholes in between lanes
- Distracted drivers not paying attention
- Sudden stops in traffic
What Injuries Look Like After a Lane Splitting Crash
Think again if you believe that splitting lanes only causes minor accidents.
Motorcycles are not cars. They do not have protective shells around passengers. When a motorcycle crashes while splitting lanes, it’s bad. Really bad.
Types of injuries you can expect from a lane splitting accident:
- Road rash/lacerations
- Broken bones
- Head trauma, even when wearing a helmet
- Spinal cord damage
- Internal bleeding
Why are motorcycle accidents so bad? Check out these statistics:
Motorcycles make up 15% of traffic fatalities while only accounting for 3% of registered vehicles on the road. When you throw lane splitting into the mix, those numbers aren’t likely to get better.
Steps to Take After a Lane Splitting Accident
The moments after a motorcycle accident are probably what you’ll remember most. But did you know those same moments determine whether your legal case succeeds or not?
Here’s what you should do after a lane splitting accident occurs:
Step 1 — Seek medical attention. Call an ambulance if necessary. Even if you and the motorcyclist feel fine, it’s important to get checked out by professionals. Your adrenaline is pumping and can hide serious injuries.
Step 2 — Document the scene. Take photos of the road, vehicles, lane markings, traffic signs, and any debris. This is some of the best evidence you can collect. Raw details about the scene of the accident that no one can dispute or clean up.
Step 3 — Don’t admit fault. To anyone. Drivers, police, insurance adjusters. Fault is determined by a court, not by your word against someone else’s.
Step 4 — Gather witness testimonies. Talk to anyone who saw what happened from the sidewalk, their car, or anyone else. A third-party perspective is crucial to building your case.
Step 5 — Contact a motorcycle accident lawyer. You’re going to need one. You can’t properly handle the next steps without a lawyer’s advice:
- Dealing with insurance companies
- Filling out legal documents
- Establishing negligence and fault
- Navigating complex provincial laws on lane splitting
Hiring a motorcycle lawyer isn’t recommended. It’s required.
The Bottom Line
Lane splitting motorcycle accidents are messy — and they expose riders to some unique legal liability if you’re found to be at-fault.
Here’s what you need to know off the top:
- Lane splitting is illegal in every province except California.
- Fault isn’t decided by who crashed into who — it’s decided by negligence.
- Lane changing, blind spots, and speed are three of the biggest causes.
- Because you’re exposed on a motorcycle, injuries tend to be serious.
- Document everything and hire a lawyer as soon as possible.