If an accident occurs while a motorcycle is lane splitting, whether the motorcycle or car is at fault depends on whether lane splitting is permissible in that state, the views of the police officer and judge on lane splitting, and the actions of both the motorist and motorcyclist prior to the accident. Here in NY, Long Island and Tri-State area, lane splitting is not legal. While every case is unique, there is a good chance that the driver of the motorcycle would be found at fault. However, if the driver of the car or truck was drunk, or driving without a liscense this would factor in, and they could be held partially or fully liable. Also, if the driver of the vehicle neglected to turn around and look before merging into another lane, or simply merged into the other lane without a traffic signal and subsequently hit a motorcyclist, then the driver of the vehicle may be held liable for the accident. Hazzardous road conditions may also play a role in determining liabilty.
If you were in an accident riding a motorcycle, or a car driver that was involed in an accident involving a motorcycle, please call our office for a free case evaluation at 516-222-4000.