Is Lane Splitting Legal in Illinois? Understanding the Rules and Risks of Motorcycle Lane Splitting

Lane splitting, sometimes called “white-lining” or “filtering,” occurs when a motorcycle or other two-wheeled vehicle moves between lanes of slower or stopped traffic. For motorcyclists, lane splitting offers a way to bypass traffic congestion, reach destinations faster, and avoid the risk of being rear-ended by other vehicles. However, for many car drivers, the practice can seem unexpected or even dangerous, and often cause motorcycle accidents.

Whether lane splitting is legal largely depends on where you are in the U.S., as laws vary from state to state. Here’s a closer look at what lane splitting is, where it’s legal, and the safety considerations that motorcyclists should keep in mind.

What is Lane Splitting?

Lane splitting is the practice of riding a motorcycle between two lanes of traffic moving in the same direction, typically when traffic is slow or at a standstill. Lane splitting is different from “lane filtering,” which usually involves a motorcycle moving between lanes at intersections or through slow-moving traffic at lower speeds, typically below 15 to 20 miles-per-hour.

The primary purpose of lane splitting is to allow motorcycles to navigate heavy traffic safely, helping them avoid congestion and reducing the risk of rear-end collisions in stop-and-go traffic. Motorcyclists often argue that lane splitting is safer because it helps them stay visible to drivers and maintain their momentum in traffic.

Is Lane Splitting Legal in the U.S.?

The legality of lane splitting varies widely across the United States. Currently, California is the only state where lane splitting is explicitly legal, with clear guidelines in place for motorcyclists and drivers. Other states have debated the issue but have not enacted laws allowing lane splitting. Here’s a breakdown of where lane splitting stands legally:

1. California: Lane Splitting is Legal

California is the only state where lane splitting is explicitly permitted by law. The California Highway Patrol (CHP) has issued guidelines for safe lane splitting, encouraging motorcyclists to limit their speed while splitting lanes and only do so when traffic is moving slowly. Motorcyclists are advised to split lanes at speeds no more than 10 mph faster than the traffic around them, and it is generally discouraged to split lanes when traffic exceeds 30 mph.

The California Department of Motor Vehicles (DMV) and CHP support lane splitting, stating that the practice helps reduce congestion and allows motorcyclists to avoid potentially dangerous situations, like being rear-ended in heavy traffic.

2. Other States (including Illinois): Lane Splitting is Illegal or Unregulated

In most other states, including Illinois, lane splitting remains illegal, and motorcyclists are expected to stay in their lanes. Here in Illinois, 625 ILCS 5/11-703 specifically prohibits lane splitting and states that a driver of a two wheeled vehicle may not pass upon the right of any vehicle proceeding in the same direction unless there is an unobstructed lane of traffic available. If a motorcyclist is caught lane splitting, they may be subject to fines or other penalties.

Why Lane Splitting is Controversial

The debate over lane splitting revolves around both safety and public perception. Proponents argue that lane splitting reduces the risk of rear-end collisions, helps alleviate traffic congestion, and allows motorcyclists to maintain a better flow of movement. In congested areas, motorcyclists are more visible when they are not in line with stopped traffic, and drivers may be less likely to accidentally merge into them.

On the other hand, critics of lane splitting claim it can surprise or confuse drivers, increasing the likelihood of side-swipes or collisions when drivers attempt to change lanes without noticing a motorcycle approaching between lanes. Opponents argue that the practice is unsafe in dense traffic areas where motorcyclists are difficult to see.

What Research Says About The Safety of Lane Splitting

A study conducted by the University of California, Berkeley, examined lane-splitting practices among motorcyclists and found that, when done within specific speed limits, lane splitting could reduce the likelihood of certain types of accidents. According to the study:

• Reduced Rear-End Collisions: Motorcyclists who lane split are less likely to be rear-ended by other vehicles, as they are not idling in line with cars and trucks in slow or stopped traffic.
• Lower Injury Risk: When motorcyclists lane split at low speeds and within reasonable limits, they are less likely to sustain severe injuries than when they remain in congested traffic.
• Increased Driver Awareness: In places where lane splitting is legal and common, such as California, drivers are more likely to expect motorcycles passing between lanes, making them more alert to motorcyclists’ presence.

These findings suggest that lane splitting can be a safe and beneficial practice when done responsibly and under certain conditions, such as low speeds and in heavy traffic.

Can I Be Held Liable If I Caused An Accident While Lane Splitting in Illinois?

As discussed above, here in Illinois, lane splitting is illegal. Because of this, if a motorcyclist is involved in an accident while lane splitting, they may be considered at fault or at least partially liable for the crash. Illinois follows a modified comparative negligence rule, meaning that if a motorcyclist is found to be more than 50% at fault for an accident, they cannot recover damages. If they are less than 50% at fault, their compensation will be reduced by their percentage of fault. For example, if a court determines that a motorcyclist was 30% responsible for a crash while lane splitting, any damages awarded would be reduced by 30%.

However, liability in lane splitting cases may not always clear-cut. Other drivers still have a duty to operate their vehicles safely, meaning that if a driver was distracted, changed lanes without signaling, or engaged in reckless behavior, they could share responsibility for the accident. Each case depends on the specific circumstances, and proving fault requires examining evidence such as traffic camera footage, witness statements, and police reports. If you were involved in a lane-splitting accident in Illinois, consulting with an experienced Naperville motorcycle accident attorney can help clarify your legal options.

Contact the Acclaimed Illinois Motorcycle Accident Lawyers at John J. Malm & Associates

The legality and safety of lane splitting vary widely across the United States, with only California explicitly allowing it and setting guidelines. For motorcyclists here in Illinois, it’s essential to know that lane splitting is illegal.

At John J. Malm & Associates, we advocate for safe riding practices and represent individuals injured in motorcycle accidents and car accidents. If you’ve been involved in an accident due to lane splitting or another driver’s negligence, our experienced injury attorneys in Naperville and St. Charles are here to help you understand your rights and pursue fair compensation. Contact us today to learn more about how we can support you after a motorcycle accident.