Key Takeaways

  • Lane splitting, or riding between lanes of traffic, is illegal in Indiana for motorcycles; riders must occupy a full lane.
  • Similar practices like lane filtering and riding on the shoulder are also prohibited, while lane sharing (two motorcycles side-by-side) is allowed.
  • If a lane-splitting accident occurs, the motorcyclist is usually considered at fault under Indiana’s fault-based system.
  • Injured drivers can file a claim with the biker’s insurance or use their own collision/UM coverage, which may pursue subrogation.
  • Personal injury lawsuits are an option if insurance doesn’t fully cover damages, with compensation possible for medical costs, lost wages, and pain and suffering.

No, lane splitting is illegal in Indiana. Under Indiana Code § 9-21-10-6, motorcyclists are required to occupy a full lane and cannot ride between lanes of traffic. Lane filtering (moving between stopped vehicles) and riding on the shoulder are also prohibited in Indiana.

Motorcycle Driving Down a Highway

What Happens If Lane Splitting Causes an Accident?

Lane splitting is when a motorcyclist rides between two lanes of traffic moving in the same direction. While this practice is legal in California, Indiana specifically prohibits motorcycles from passing between lanes or sharing a lane with other vehicles.

What Are the Penalties for Lane Splitting in Indiana

  • Traffic citation and fine
  • Automatic fault assignment if an accident occurs
  • Potential reduction or denial of injury compensation
  • Points on your driving record

How Do Lane Splitting Laws Differ by State?

  • Indiana: Illegal
  • California: Legal
  • Utah: Filtering only (limited)
  • Arizona: Filtering only (limited)
  • Illinois: Illegal
  • Ohio: Illegal
  • Michigan: Illegal
  • Kentucky: Illegal

California is currently the only state where lane splitting is fully legal for motorcycles.

What if Lane Splitting Results in an Accident?

You were driving your car, following all the traffic rules, and a biker suddenly came out of nowhere in a hurry to pass through the traffic. If this results in you crashing your car and getting injured, you have two legal options to seek compensation: file an insurance claim or file a personal injury lawsuit.

How Do You File an Insurance Claim After a Lane Splitting Accident?

Indiana follows a fault-based system for motor vehicle accidents, i.e., the person at fault for the collision is responsible for the damages. Since lane splitting is illegal in Indiana, the motorcyclist would be considered at fault.

Ideally, you would file a claim directly with the biker’s insurance company. If the claim is successful, you can recover damages without involving your own insurance policy. But this can sometimes be complicated, as they may dispute your claim or offer a lower settlement than what you believe your claim is worth.

Another option is to file a claim with your own insurer. If you have Collision Coverage or Uninsured/Underinsured Motorist Coverage, you can file a claim with them, and they will then seek reimbursement from the at-fault party’s insurer — this process is known as subrogation. This can be a much quicker way to get compensation, especially if liability is clear.

When Should You File a Personal Injury Lawsuit?

If the insurance claim does not cover all your damages, or if the motorcyclist is uninsured, you may consider filing a personal injury lawsuit. In this case, you will need to prove that their lane splitting caused the accident and your resulting injuries. An attorney experienced in personal injury law in Indiana can provide valuable guidance. Most offer free initial consultations to discuss the specifics of your case and advise on the best course of action.

Your case will likely settle out of court through negotiations between your attorney and the defendant or their insurer. But if it does not, you will have to go to trial, where a judge or jury will review the evidence and decide on liability and damages.

If you win, the court may award you compensation for medical expenses, lost wages, pain and suffering, and any other related costs.

What if You Were Splitting Lanes When the Accident Happened?  

When you file a claim for a motorcycle accident, the act of lane splitting can play a significant role in whether you can get compensation. If there was a crash and other drivers contributed to it, you may have the option to seek compensation from them. Under Indiana law, you are eligible for financial reimbursement if all of the following apply:

  • The other driver was obligated to be cautious while driving.
  • They acted unsafely, i.e., they did not behave as thoughtfully as most drivers would have done in those conditions.
  • That driver’s lack of safety directly led to the accident.
  • You suffered injuries because of the crash.

Of course, a rider who was splitting lanes is likely to be considered to have been acting negligently. This might prevent them from successfully claiming injury compensation.

That said, just because a rider is white-lining illegally, it does not give other drivers the excuse to ignore their duty of care. If another driver could have seen the motorcyclist but was not paying attention or was speeding and hit the rider, that driver might also be held partly at fault for the accident.

Motorcycle on the Road and a Truck Visible on the Mirrors

Consult with Our Experienced Auto Accident Attorneys in Indiana Today

If your life has been turned upside down by a lane-splitting accident, whether you are the biker caught in the split-second decision or a motorist impacted by such a maneuver, you may have a right to claim damages from the at-fault party. At Wagner Reese, LLP, our skilled and experienced auto accident lawyers can work to prove the liability of the defendants and pursue the highest possible compensation for your injuries and losses.

Contact us online or call us at (888) 204-8440 to set up your free consultation with a dedicated motorcycle accident attorney today.

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