You’re stopped dead on the LIE, engine idling between two lanes that haven’t moved in 10 minutes, so you ease your bike into the gap the way you always do when traffic locks up. A driver two cars ahead changes lanes without checking the space where you are, and by the time you see the wheel turn, there’s nowhere left to go. 

You’re on the ground before you register the impact. The officer taking your statement asks exactly where you were riding when the car moved, and you already know that answer will follow you through this whole claim. 

Greenspan & Greenspan Injury Lawyers know how quickly an insurer will fix on that one detail and treat it as the entire explanation for what happened to you. We step in to put the full picture back together: the driver’s blind lane change, the road conditions, the seconds before impact, so your lane position stops being the only thing anyone talks about.

Do Lane Splitting Accidents in New York Prohibit a Personal Injury Lawsuit?

No. New York law directly prohibits lane splitting by motorcycle riders with one exception: police officers performing official duties. Just because you may have been cited for lane splitting after an accident does not mean you cannot recover for any injuries you received as a result of that accident. 

What Counts as Lane Splitting Versus Lane Filtering?

These two terms mean different things when a motorcycle rider changes lanes, and insurance adjusters use them that way, but New York law treats them as one violation. The differences in terminology are:

  • Lane splitting. This is when riders drive between two lanes of moving traffic, usually to get past cars crawling in heavy congestion.
  • Lane filtering. This is when riders are driving between two lanes of stopped traffic, such as at a red light.

Even though lane filtering in New York is sometimes described as the safer option because vehicles have stopped, the law still considers it illegal. A rider filtering through a red light faces the same legal and potential accident exposure as a rider splitting lanes on the highway.

How Does a Lane-Splitting Violation Affect Your Motorcycle Accident Claim?

A traffic violation and a losing personal injury claim are not automatically the same thing, but insurers treat them as close cousins. Here’s why: the moment a police report notes that a motorcycle lane-splitting accident in New York was the cause, the insurance company representing the driver will use that citation as its opening argument against payment, stating the rider caused their own injuries by breaking the law before the crash ever happened.

That argument matters more in New York than it might in another state, because of how this state handles shared fault in motor vehicle injury claims. Under the current law, if a rider’s own fault is greater than the driver’s fault (or greater than the combined fault of everyone else being sued), the rider recovers nothing at all. A citation for lane splitting can now be the sole basis for a rider’s share of fault exceeding the driver’s and closing the door on injury compensation entirely.

That single legal fact is why apologizing, accepting blame early on, or letting an insurance adjuster’s initial version of events go unchallenged can cost a rider far more than it should. Before speaking to any adjuster, contact a Bronx car accident attorney who can help represent you while you are recovering from your injuries. 

Does a Lane-Splitting Citation Mean the Rider Was Fully at Fault?

No. This is an important distinction: a citation proves a rider broke a traffic law; it does not prove that the violation caused the crash. New York courts still require evidence that the rider’s conduct actually contributed to the collision and injuries, not merely that a violation appeared in the police report.

Consider a rider filtering through stopped traffic at a red light when a driver, distracted by a phone, drifts into the gap between vehicles. The rider broke the law, but so did the driver, as they are required to stay in a single lane and move only when they have determined it is safe to do so. Because the driver also failed to maintain a lane and was not watching the road, a jury or insurance adjuster must still weigh both actions. In New York, the rider only loses their entire claim if their share of fault outweighs the driver’s. That comparison, not the citation alone, decides whether you recover anything at all.

What Evidence Helps in a Lane-Splitting or Filtering Accident Claim?

Because so much rides on how fault gets divided, the evidence gathered after the crash carries more weight than in an ordinary rear-end collision. Strong cases in these claims typically include:

  • Traffic camera or dashcam footage showing both vehicles’ positions before impact;
  • Witness statements describing what each driver and rider did in the moments before the crash;
  • Cell phone records or vehicle data suggesting driver distraction;
  • Photos of skid marks, where the motorcycle landed and how, vehicle damage, and lane markings at the scene; and
  • Accident reconstruction findings when the police report leaves the sequence of events unclear.

An insurance company only has to build one side of this picture, the side that puts the rider at fault. Building the other side, the driver’s own contribution to the crash, takes deliberate investigation before memories fade and footage gets deleted. This is where a lane-splitting accident attorney comes in.

What Injuries Do Riders Typically Face in These Crashes?

Motorcycles offer no frame, airbags, or seat belts to absorb impact, so injuries from a lane-splitting or filtering collision tend to be severe even at low speeds. Riders commonly suffer:

  • Broken bones, 
  • Road rash covering large areas of skin, 
  • Torn ligaments, 
  • Spinal injuries, and 
  • Traumatic brain injuries 

All of these can occur from impact with a vehicle, the pavement, or both. 

New York law requires an injury to reach a specific threshold, called a serious injury, before a rider can pursue compensation for pain and suffering in a lawsuit. That threshold includes injuries such as:

  • Death,
  • Dismemberment of a body part,
  • Significant disfigurement such as visible scarring or burning,
  • A fracture;
  • The loss of a pregnancy, 
  • The permanent loss of use of any part of your body or organs, and 
  • The permanent limitation of the use of your body or system. 

Riders hurt badly enough to need surgery, physical therapy, or long-term care typically meet this standard without difficulty.

Why Does Legal Review Matter Before You Accept Blame?

Here is what most guides on this topic skip: they answer, “Is lane splitting legal in NY?” with “Lane splitting is illegal,” and stop there, as if that settles the claim. It does not, and treating it as settled is exactly what costs riders their compensation. 

Because New York now bars recovery outright when a claimant’s fault outweighs the other side’s, the actual percentage split between rider and driver decides whether a case is worth anything at all, not just how much it is worth. A rider who assumes a citation means the case is over, or who accepts an adjuster’s early assessment of fault without pushing back, may be walking away from a claim that a closer look at the evidence would have kept alive and helped cover what you have already paid out-of-pocket for.

This is also why the driver’s conduct deserves as much scrutiny as the rider’s. Distraction, failure to check a mirror, or drifting outside a marked lane can each shift the balance of fault, sometimes enough to flip which side comes out ahead under the law.

Greenspan & Greenspan Has Decades of Experience Handling Lane-Splitting Accidents in New York That You Can Trust

Lane-splitting and filtering cases face an uphill climb: insurers often assume the motorcyclist was at fault before anyone investigates the crash. Greenspan & Greenspan has represented injured motorcyclists across New York State since 1959, and that history is why we do not let an insurer’s first assumption become the final word. 

Our work has led to a 1 million dollar settlement in one such motorcycle crash case. Super Lawyers has recognized our New York personal injury attorneys for the same reason our 4.9-star rating, based on more than 200 Google reviews, keeps climbing: clients see us push back against the assumption before it can take hold.

Start with a Free Conversation Today. Find Out Where You Stand.

A citation is not the end of your case, no matter who told you it is. Greenspan & Greenspan will look closely at what actually happened on the road and fight to make sure the whole picture is clear before any settlement offers are accepted or you decide to go to trial. Schedule your free consultation today and find out what your case is really worth.

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Mike Greenspan

A dedicated attorney with bar admissions in New York, Florida, and the Supreme Court of the United States, has a deep-rooted commitment to his community. Since 1992, he has been a certified high school track and field official and an Executive Committee member of the Glenn D. Loucks Games. He serves on the Board of Directors of the JCC-Rockland and has devoted over a decade to coaching youth sports in Rockland County. Mike was recognized by the County of Rockland as well as the American Association for Justice for his distinguished service in providing free legal representation through the Trial Lawyers Care program for families of victims of the September 11th attacks. He represents clients across a wide range of legal practice areas.

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