When people search for a Raleigh, NC motorcycle accident lawyer, they often have questions about lane splitting: Is it legal? Who’s liable if an accident happens while lane splitting? We aim to provide clarity, reassure riders, and offer insights relevant to North Carolina’s law.
Lane splitting, the practice of riding between lanes of slow or stopped traffic, is controversial across the U.S. In North Carolina, there is no law expressly permitting lane splitting. Motorcyclists should assume that doing so carries legal risk and that in the event of a collision, liability questions can become highly contested.
What Lane Splitting Means In Practice
- Lane splitting generally refers to riding between two lanes or between a lane and the road shoulder, often when traffic is moving slowly or is stopped.
- In some states, lane splitting is explicitly permitted under limited conditions. But because North Carolina lacks such authorization, a motorcyclist who lane splits may be viewed by insurers or opposing counsel as having assumed part of the risk.
- Even where it is tolerated de facto, the act of lane splitting can raise questions about whether the rider was riding “reasonably”. Speed, visibility, road conditions, and driver behavior all become critical.
Legal Liability When Lane Splitting Is Involved
If a crash occurs while a motorcyclist is lane splitting, these issues often arise in determining fault:
- North Carolina uses a modified contributory negligence system, otherwise known as comparative fault. If a jury or judge finds the motorcyclist to be even slightly at fault, under traditional contributory negligence, they might be barred from recovery. Thus, if opposing counsel argues that lane splitting was reckless or unreasonable, it could be used to deny or reduce your claim.
- The motorcyclist’s duty to fellow drivers means that they must act with care. Considering speed, visibility, road surface, weather conditions, and whether other drivers might expect or see them. If a motorist swerves or unexpectedly changes lanes, the motorcyclist may have less time to react, but courts will examine whether the riding was safe under the circumstances.
- Even if lane splitting is involved, the other driver may have violated traffic laws (e.g. failure to yield) or made unsafe maneuvers. Their liability may outweigh any argument about the motorcyclist’s conduct.
- Insurers can argue that lane splitting was per se negligent or outside policy terms. With these claims in mind, they may also attempt to negotiate in bad faith, acting in a biased manner against a motorcyclist. This is an area where strong advocacy matters, challenging overreaching denials is part of what we handle for our clients.
What You Should Do Immediately After An Accident
- Report the crash to law enforcement and ensure a proper accident report is filed.
- Document everything: photos, witness statements, and notes about traffic flow, road condition, visibility, and the behavior of other drivers.
- Seek immediate medical treatment and retain all medical records.
- Avoid offering recorded statements to insurers or speculating about fault.
- Contact an attorney experienced in motorcycle accident claims
Why Experienced Representation Matters
Because lane splitting is not explicitly authorized in North Carolina, insurance companies and defense attorneys often aggressively attack the motorcyclist’s conduct to shift blame. Without experienced motorcycle accident attorney representation, you might face a complete denial of your claim, even if the other driver was clearly at fault.
We’ve handled such contested cases ourselves. In one instance, we represented a motorcyclist in Johnston County who was injured when another driver failed to yield; despite challenges, we secured a $1,000,000 settlement. In another case, we successfully pursued an uninsured motorist hit‑and‑run claim for a middle‑aged rider, achieving a $50,000 recovery.
These outcomes required detailed factual investigation, negotiation with insurers, and readiness to litigate defenses about contributory fault and policy coverage.
What Determines Success In These Cases
- A well‑documented case with photos, witness testimony, and reconstruction evidence
- Specialist opinions when needed (e.g. accident reconstruction, human factors)
- A lawyer skilled at reframing assumptions about lane splitting and comparative fault
- Demonstrating the other driver’s duty violation or breach clearly
- Aggressive advocacy to avoid unjust denials or reductions
If you or a loved one has been injured in a motorcycle crash, let us provide the support and representation you deserve. Burton Law Firm is committed to fighting for just compensation. Reach out today and let us show you how our advocacy can make a difference