Is lane splitting legal in New Jersey?

The legality of lane spitting in New Jersey is complicated. While the practice isn’t explicitly prohibited under state law, it’s also not specifically permitted, either. Law enforcement officers in New Jersey often cite motorcycle riders engaged in lane splitting for violations such as improper passing, a violation of NJSA 39:4-85, which prohibits a vehicle passing another vehicle from returning to the right side of the roadway until it has traveled far enough to be “safely clear” of that vehicle. While

Who is at fault in a lane-splitting accident?

Even if you were ticketed for improper passing or another traffic offense as a result of lane splitting, that doesn’t mean you are automatically at fault for the accident. If anything, lane splitting may have been a contributing factor, while the other driver’s negligence played a greater part in causing the crash. If the motorist who hit you was impaired, distracted, or fatigued, those mistakes behind the wheel can play a much more significant role in causing an accident than lane splitting. Likewise, a driver who is speeding, tailgating, running stop signs or red lights, or failing to maintain control of their vehicle can often be shown to bear a greater share of liability for the collision than the motorcycle rider who happened to be engaged in lane splitting at the time the other vehicle struck them. Determining fault for a lane-splitting accident requires a full analysis of all of the facts of the crash. Our attorneys carry out a thorough investigation that involves reviewing police reports, photos, video footage, witness statements, and more. We also consult expert witnesses, such as accident reconstruction specialists, to establish all of the ways the other motorist’s negligence contributed to your accident.

Can I file a motorcycle accident claim if I was engaged in lane splitting when the other driver hit me?

You can file a motorcycle accident injury claim or a lawsuit against the other driver, even if you were engaged in lane splitting at the time of the crash, if you can establish certain elements: A duty of care the other motorist owed to you, such as to operate their vehicle with reasonable safety The conduct that breached this duty, such as speeding, texting while driving, or failing to obey traffic signs and signals Causation of the accident and your injuries as a result of this breach of duty Damages resulting from the accident, such as medical expenses, wage loss, and pain and suffering The fact that you were engaged in lane splitting at the time of your motorcycle accident can complicate your case, but it’s still possible to pursue legal action against the at-fault driver with the help of a knowledgeable attorney who is willing to advocate for you.

New Jersey Lane Splitting Accident Lawyer

Lane Splitting Injury Attorney in Totowa, NJ, Defending Motorcyclists' Rights in Traffic in Passaic County, Hudson County, Essex County, Bergen County, and Throughout NJ

Lane splitting is a common practice among motorcycle riders, but it could complicate matters if another vehicle strikes you while engaging in this maneuver. You still deserve fair compensation for the impact a negligent driver has had on your life. A New Jersey lane splitting accident lawyer at Camili & Capo, PA can fight for what you deserve and overcome the obstacles involved in this complicated claim.

Our attorneys are well-versed in the legal nuances of motorcycle accidents and how lane splitting can impact liability for a collision. With a commitment to standing up for injured riders without backing down, we’re the clear choice for a lane splitting injury attorney in Totowa, NJ, who will advocate aggressively for you in court.

We’re ready to help you address the challenges of the claims process, starting with a free, no-obligation consultation. Contact us today, and let our attorneys provide the personalized guidance you need to manage the legal process and recover the compensation you deserve.

Legal Help for Lane Splitting Motorcycle Accidents in New Jersey

When a motorcycle accident’s effects on your life extend beyond a damaged bike, the personal injury claims process provides an opportunity for legal recourse.

You need to prove the negligence of the other driver, document every aspect of your damages, and manage the demands of the legal process—all while fighting back against the blame the defendant may try to place on you for engaging in lane splitting. Having a dedicated attorney advocating for you is essential to avoid ending up with less than you deserve.

What Constitutes Lane Splitting in New Jersey?

Although exactly which actions are considered lane splitting can vary by state, liability concerns in motorcycle accidents often arise when riders engage in behaviors such as the following:

Lane splitting: Generally, riding between lanes of vehicles (stopped or moving) that are traveling in the same direction, regardless of the speed limit or actual speed of traffic
Lane filtering: Riding between lanes of stopped or slow-moving traffic in the same direction, often applying specifically at traffic lights
Lane sharing: Two motorcycles riding side by side in one lane that is wide enough for a car to travel

Regardless of which maneuver you actually made, defendants and their insurers may try to put the blame for the accident on you for engaging in any form of lane splitting or lane sharing.

How Lane Splitting Affects Motorcycle Accident Liability in NJ

When a person gets hurt while doing something risky or legally questionable, it adds a whole layer of complexity to any personal injury case they may pursue. Questions arise, such as how much this conduct contributed to their injuries and, from a legal perspective, to what extent they have the right to pursue compensation from another party. Lane splitting is one act that motorcycle riders engage in that can raise these issues, whether your accident involved a dooring injury or a head-on collision.

The practice of lane splitting isn’t explicitly addressed one way or the other in NJ’s traffic laws, as the Bergen Record (citing a source within the New Jersey Police Traffic Officers Association) noted in 2025. Despite this ambiguity, lane splitting is illegal in many states. In New Jersey, the practice can result in citations for related violations that do exist under NJ law, such as improper passing.

Whether you actually received a ticket at the scene of the accident for improper passing or the defendant’s insurance company is the one trying to pin fault for the collision on you, lane splitting can impact how the other side approaches liability for your accident.

You Need a Lane Splitting Injury Attorney in Totowa, NJ, on Your Side

Your arguments for holding the motorist who struck you liable need to be particularly compelling, legally sound, and backed by evidence. Otherwise, the insurer will likely try to diminish the defendant’s role in causing the lane splitting motorcycle crash, potentially reducing your compensation or attempting to deny your claim altogether.

This isn’t a case you should consider handling on your own, because it’s not nearly as simple as submitting basic claims forms and documentation of your medical bills and missed work. Liability for the accident as a whole is on the line, and insurance companies benefit from paying out as little compensation as possible, no matter how badly injured you are. You need a New Jersey lane splitting accident lawyer who is willing to fight for you.

How Camili & Capo, PA Can Help

As your dedicated New Jersey lane splitting accident lawyer, Camili & Capo, PA won’t just go along with the defendant’s version of events and its insurers’ perceptions of liability. We stand up for the clients who entrust us with their motorcycle accident cases by:

Investigating every aspect of the accident and looking beyond your lane splitting maneuvers to identify all factors that contributed to the collision
Gathering evidence of the defendant’s negligence, from police reports and witness statements to video surveillance footage and photos of the accident scene
Strategically managing all paperwork and interactions with the defendant’s insurer to push back on unfair perspectives on liability and unfounded assumptions based on stereotypes
Advocating for you in every legal proceeding, negotiation, and stage of litigation to protect your rights and pursue maximum compensation for your losses
Providing the guidance you need throughout the claims process

Our firm handles the full scope of your motorcycle accident injury claim, ensuring you can focus on your physical recovery while we pave the way for securing the financial recovery you deserve.

Why Choose Camili & Capo, PA as Your New Jersey Lane Splitting Accident Lawyer?

By retaining Camili & Capo, PA to handle your lane splitting motorcycle accident claim, you gain the advantages of a team of experienced litigators prepared to manage complex legal issues.

A Full-Service Legal Team

Our law firm brings together the winning team of attorneys Krenar Camili, Esq. and Joseph Capo, Esq. As a legal team dedicated to your success, we’re here for every demand of the legal process, every question that crosses your mind, and every step on the path to securing the compensation you deserve. We’ll handle all deadlines, document submissions, legal filings, proceedings, and negotiations on your behalf, providing comprehensive support during the difficult aftermath of a motorcycle accident.

Seasoned Litigators’ Trial Readiness

Because of the challenges involved in lane splitting motorcycle accident claims, you need to know that your attorney is willing to fight for you in court and is fully prepared for trial. That doesn’t mean a courtroom battle is your only option for resolving your injury claim. The same preparation that goes into building a case for trial also has value in out-of-court settlement negotiations, particularly when defendants’ insurers realize how willing we are to fight for you in court.

Extensive Skills for Complicated Claims

When your case involves liability disputes arising out of lane splitting, you know that the path forward will be more complex than the average injury claim. You need a law firm that anticipates the challenges and proactively prepares to overcome them, not an attorney who will spend the duration of your case trying to catch up to unforeseen complications. With in-depth knowledge of motorcycle accident claims and the skills to manage even the most complex cases, we protect injured motorcyclists.

Contact a New Jersey Lane Splitting Accident Lawyer at Camili & Capo, PA Today for a Free Case Review

The longer you wait to bring on skilled legal assistance, the greater the risk to your claim. Delays in obtaining legal counsel can mean losing valuable opportunities to gather evidence of the motorist’s negligence, as well as making common mistakes in interacting with the defendant or their insurer. With a free consultation offered and representation for personal injury matters available at no upfront cost, there’s nothing standing in the way of getting the legal guidance you need now.

For help from a lane splitting injury attorney in Totowa, NJ, contact Camili & Capo, PA online or call 973-834-8457 today.

Frequently Asked Questions About Lane Splitting Accident Claims in New Jersey

The legality of lane spitting in New Jersey is complicated. While the practice isn’t explicitly prohibited under state law, it’s also not specifically permitted, either. Law enforcement officers in New Jersey often cite motorcycle riders engaged in lane splitting for violations such as improper passing, a violation of NJSA 39:4-85, which prohibits a vehicle passing another vehicle from returning to the right side of the roadway until it has traveled far enough to be “safely clear” of that vehicle.
While NJ A4668, a bill introduced into the New Jersey Assembly during the 2022-2023 session, sought to formally establish lane filtering as legal in certain situations, that bill unfortunately did not pass.
Even if you were ticketed for improper passing or another traffic offense as a result of lane splitting, that doesn’t mean you are automatically at fault for the accident. If anything, lane splitting may have been a contributing factor, while the other driver’s negligence played a greater part in causing the crash.
If the motorist who hit you was impaired, distracted, or fatigued, those mistakes behind the wheel can play a much more significant role in causing an accident than lane splitting. Likewise, a driver who is speeding, tailgating, running stop signs or red lights, or failing to maintain control of their vehicle can often be shown to bear a greater share of liability for the collision than the motorcycle rider who happened to be engaged in lane splitting at the time the other vehicle struck them.
Determining fault for a lane-splitting accident requires a full analysis of all of the facts of the crash. Our attorneys carry out a thorough investigation that involves reviewing police reports, photos, video footage, witness statements, and more. We also consult expert witnesses, such as accident reconstruction specialists, to establish all of the ways the other motorist’s negligence contributed to your accident.
You can file a motorcycle accident injury claim or a lawsuit against the other driver, even if you were engaged in lane splitting at the time of the crash, if you can establish certain elements:
A duty of care the other motorist owed to you, such as to operate their vehicle with reasonable safety
The conduct that breached this duty, such as speeding, texting while driving, or failing to obey traffic signs and signals
Causation of the accident and your injuries as a result of this breach of duty
Damages resulting from the accident, such as medical expenses, wage loss, and pain and suffering
The fact that you were engaged in lane splitting at the time of your motorcycle accident can complicate your case, but it’s still possible to pursue legal action against the at-fault driver with the help of a knowledgeable attorney who is willing to advocate for you.
Under New Jersey’s comparative negligence law, an injured victim can pursue compensation from the at-fault party even if they were also partly at fault for the accident, as long as the plaintiff is found to be no more than 50% at fault. Any recovery will be reduced by the percentage of fault assigned to you. That means it’s important to present a strong case that shows how minimal your fault (for engaging in lane splitting) was in comparison to the motorist’s negligence.