Understanding Lane Splitting in New Jersey

Lane splitting, the act of a motorcyclist riding between lanes of slow-moving or stopped traffic, is a common practice in some parts of the world. However, its legal status varies significantly across the United States. Understanding the laws and risks associated with lane splitting is crucial for motorcyclists and drivers in New Jersey.

Understanding Lane Splitting in New Jersey

This guide will explore lane splitting, its legal status in New Jersey, and what to do if you’ve been involved in a lane-splitting-related accident.

What is Lane Splitting?

Lane splitting occurs when a motorcyclist rides between two lanes of traffic moving in the same direction. This maneuver is often used to bypass congested traffic, potentially saving time and reducing frustration. Proponents of lane splitting argue that it can:

  • Enhance traffic flow by reducing congestion.
  • Lower the risk of rear-end collisions involving motorcyclists.
  • Allow motorcyclists to avoid prolonged exposure to excessive heat from vehicle engines.

However, critics cite significant risks associated with lane splitting, including:

  • Increased likelihood of accidents due to sudden lane changes by drivers.
  • Reduced reaction time for both motorcyclists and drivers.
  • Limited visibility in heavy traffic conditions makes it difficult for drivers to spot motorcyclists.

The Legal Status of Lane Splitting in New Jersey

Currently, lane splitting is illegal in New Jersey. According to N.J.S.A. §39:4-88, vehicles, including motorcycles, must be driven entirely within a single lane. The statute explicitly states that drivers should not move from their lane unless it is safe to do so, prohibiting riding between lanes.

In contrast, California is the only state where lane splitting is explicitly legal and regulated. The California Highway Patrol has issued guidelines for safe lane splitting, emphasizing factors such as speed differentials and traffic conditions. New Jersey has yet to adopt similar laws, and motorcyclists caught lane splitting may face fines, citations, or even higher liability in the event of an accident.

Why Lane Splitting Remains Controversial in New Jersey:

  1. Safety Concerns: Opponents argue that the risks outweigh the potential benefits, citing accidents caused by drivers’ inability to anticipate motorcyclists splitting lanes.
  2. Lack of Public Awareness: Many drivers in New Jersey are unfamiliar with lane-splitting practices, leading to potential misunderstandings and conflicts on the road.
  3. Legal Ambiguity: While explicitly illegal, some drivers and motorcyclists remain unclear about the penalties or insurance implications of lane splitting.

Penalties for Lane Splitting:

Motorcyclists caught lane splitting in New Jersey can face fines, points on their driving record, and potential increases in insurance premiums. Repeated violations may lead to harsher penalties or license suspension.

Risks and Liability in Lane-Splitting Accidents

Lane splitting increases the likelihood of accidents caused by:

  • Sudden lane changes by drivers unaware of the motorcyclist’s presence.
  • Narrow spaces between vehicles, leaving little room for error.
  • Limited visibility, particularly in heavy traffic or poor weather conditions.

Determining liability in lane-splitting accidents in New Jersey often involves the comparative negligence rule. This rule allows a plaintiff to recover damages even if they are partially at fault, as long as their fault does not exceed 50%.

For example, if a motorcyclist is found 30% at fault for lane splitting and a driver is 70% at fault for a sudden lane change, the motorcyclist’s compensation may be reduced by their percentage of fault.

Notable Case Example:

In the case of Smith v. Johnson, a New Jersey court ruled that the motorcyclist’s decision to split lanes contributed to the accident, reducing the damages awarded. While each case is unique, this highlights the potential challenges motorcyclists face when seeking compensation after a lane-splitting incident.

Potential Damages in Lane-Splitting Accidents:

Victims of lane-splitting accidents may be eligible to recover compensation for:

  • Medical expenses, including hospitalization, surgeries, and physical therapy.
  • Lost wages and reduced earning capacity.
  • Pain and suffering.
  • Property damage to the motorcycle or other vehicles.

For more information on New Jersey traffic laws, visit the official New Jersey Motor Vehicle Commission website.

Steps to Take After a Lane-Splitting Accident

If you’re involved in a lane-splitting-related accident, taking the following steps can help protect your rights:

  1. Ensure Safety and Seek Medical Attention

    • Move to a safe location if possible and check for injuries.
    • Call 911 to Report the Accident and request medical assistance if needed.
  2. Document the Scene

  3. File a Police Report

    • Provide an accurate account of the accident to law enforcement. Be honest, but avoid admitting fault.
  4. Notify Your Insurance Company

    • Report the accident to your insurer as soon as possible. Stick to the facts and avoid speculation about fault.
  5. Consult with a Personal Injury Attorney

    • Speak with an experienced attorney to evaluate your case and discuss potential compensation for medical expenses, lost wages, and other damages.

Practical Tips for Motorcyclists in New Jersey

While lane splitting remains illegal, motorcyclists can take proactive measures to stay safe and reduce the risk of accidents:

  • Maintain a Safe Following Distance: Keep ample space between your motorcycle and the vehicle ahead to allow for sudden stops.
  • Wear High-Visibility Gear: Brightly colored clothing and reflective materials can help make you visible to other drivers.
  • Use Defensive Riding Techniques: Anticipate sudden lane changes or stops and position yourself to avoid potential hazards.
  • Regularly Inspect Your Motorcycle: Ensure your brakes, lights, and tires are in optimal condition to handle sudden maneuvers.
  • Stay Informed About New Traffic Laws: Keep updated with any New Jersey traffic laws changes that could affect motorcyclists.

How Rosengard Law Group Can Help

At Rosengard Law Group, we understand the complexities of personal injury cases involving motorcyclists. Our experienced team is here to guide you through legal challenges and help you find justice. We’ve successfully represented clients in cases involving:

  • Motorcycle accidents
  • Comparative negligence disputes
  • Compensation for injuries and damages

If you believe an attorney has wronged you, then visit Rosengard Law Group or Call us at (856) 284-6446 to Book a free consultation.