All motorists need to abide by Illinois law to protect themselves and uphold their duty to keep others safe. Motorcycle riders are even more at risk – in fact, riders are 5 times more likely to be injured than those in cars.
Lane splitting may play a role in this, bringing into question motorcycle lane splitting legality.
Is lane splitting legal in Illinois? You might be surprised to learn that Illinois lane splitting regulations forbid this practice. As a motorcyclist, you may be inadvertently committing this action, or worse, be blamed for lane splitting to hold you at fault for an accident when you were following the law.
844SeeMike Personal Injury Lawyers is a personal injury law firm committed to representing injured victims and spreading awareness of road rules to keep our community safe. In this blog post, we discuss lane splitting legalities, motorcycle safety practices to help reduce the risk of serious injuries, and how a motorcycle accident lawyer can help you in case you get into a crash.
Definition of Lane Splitting According to Illinois Law
In Illinois, motorcycle lane splitting is when motorcycles split lanes between rows of stopped traffic. When there is heavy traffic congestion, motorcyclists lane split to save time by riding between the two lanes.
This is not legal, and the laws prohibit lane splitting in this state as addressed in Illinois statute 625 ILCS 5/11-703. California is the only state that allows it, and lane splitting is illegal in all other states. However, motorcyclists are permitted to pass while staying in their own lane as they ride side-by-side on three and four-lane highways. Lane splitting is legal when there is an obstacle in the road that would otherwise compromise your safety if you did not ride between the marked lanes. However, once you have made this passing maneuver safely, you need to go back into your lane.
As a motorcycle rider, if you are stuck in slow-moving traffic, you should know lane splitting is illegal, and you are not permitted to move between two vehicles in the lanes. This action could lead to a lane-splitting motorcycle accident, leaving you seriously injured. Additionally, you may face issues as you try to make a lane splitting claim with the insurance company which will already be looking to blame you. For context on how common and severe these crashes can be, review recent motorcycle accident statistics.
Is Lane Filtering the Same as Lane Splitting in Illinois?
Lane filtering is similar to lane splitting in that a motorcycle overtakes stopped vehicles at the same level with two or more adjacent traffic lanes traveling in the same direction. Like lane splitting, it is not legal, as per Illinois statute 625 ILCS 5/11-703
Some people advocate for lane splitting, claiming it eases traffic. Unfortunately, the reason it is forbidden is that lane splitting legal issues tend to arise, usually in the form of an accident. Motorcycle lane splitting and lane filtering should be avoided at all costs.
Lane sharing, where you ride in the same lane side by side with a fellow motorcyclist is allowed. If you’re confused about the law for riding your motorcycle, it is best to check with the DMV and make sure you are not breaking the rules.
Penalties for Violating Lane Splitting Laws in Illinois
Is lane splitting legal in Illinois? No, and for violating the Illinois statute on lane splitting laws, you could be charged with a Class A misdemeanor. You could be sentenced to one year in jail and a fine up to $2,500.
Lane splitting can easily cause a motorcycle accident, and for this reason, lane splitting that leads to the serious injury or permanent disability of another person will result in a Class C felony. You may be punished with two to five years in prison and fines as much as $25,000.
Another issue is that lane splitting can impact your motorcycle accident injury claim. On motorcycle rides, it is imperative that you ride safely and avoid lane splitting or lane filtering. Lane sharing is legal, though another motorist may accuse you of riding between two vehicles, and causing a lane splitting accident. If you are facing the blame, it is best to contact a motorcycle accident lawyer who can help protect your legal rights.
Safety Tips for Motorcyclists Navigating Traffic in Illinois
Those riding a two-wheeled vehicle are often at greater risk of severe injuries when compared to those driving other types of motor vehicles. No matter how carefully a motorcyclist rides, they must be aware that other motorists may not be paying attention. Make sure you follow these tips to reduce your risk of bodily harm:
Wear a Helmet and Protective Gear
While there are lane splitting laws in Illinois, there are no helmet laws. Despite this, it is best to protect yourself in case of a motorcycle crash. Use a DOT-approved helmet, and make sure you are more visible to others by wearing reflective clothing. Additionally, wearing a heavy jacket, gloves, and pants can help if other drivers cause you to fall off of your motorcycle.
Make Eye Contact When Passing the Other Party
When a motorcyclist passes a car driver, they should try to make sure the other party sees them. You can avoid potential accidents by ensuring that other drivers notice you while riding your motorcycle.
Obey Lane Splitting Laws
You should never split lanes when moving in the same direction, unless there is an obstacle in the way. Side-by-side riding in one lane is legal and may even help you and another rider get through congested traffic more rapidly.
Know What to Do If You Get Into an Accident
When you’re among moving vehicles, some drivers may direct their road rage at you. They may accuse you of motorcycle lane splitting or lane filtering to take the focus off themselves when they were not paying attention to the road.
If you suffer bodily injury in a crash, you should not delay in getting help. Call the police to the scene, and they will create a police report, which will be a useful piece of evidence. You should also get immediate medical attention, even if you think you’re not hurt. Additionally, if you can gather any evidence that proves you did not split lanes, such as witness statements, make sure that you do. Between the other driver and the insurance company, they will be looking for a scapegoat to keep from having to pay.
How an Experienced Attorney Can Help in an Accident Associated with Lane Splitting
If you ride a motorcycle in Illinois, you should never engage in lane splitting. It is not legal, and you will face penalties under Illinois motorcycle riding laws. The biggest consequence is that you could be seriously injured by making this type of move. Can lane splitting impact your case? Absolutely, which is why you should talk to the motorcycle accident attorneys at 844SeeMike Personal Injury Lawyers.
We can help you recover damages caused by the person operating the motor vehicle. We may also be able to seek punitive damages for wrongful death if you have lost a loved one in this way. Even if you fully understand the risks associated with lane splitting, the other parties involved may try to turn the tables on you.
Insurers have long considered motorcyclists to be daredevils and treat injured motorcyclists like they deserve whatever happens to them. All road users must follow the rules, and we will see that the facts are presented to fight for compensation for your medical bills and other losses.
