Craig D. Rosenbaum | October 10, 2025 | Motorcycle Accidents
Riding a motorcycle offers a sense of freedom. In heavy New York traffic, many riders wonder if they can legally move between cars to save time. This maneuver, known as lane splitting, is legal in some parts of the country but not in others. Knowing where lane splitting is legal can help motorcyclists stay safe, reduce the risk of motorcycle accidents, and protect their rights.
What Is Lane Splitting?
Lane splitting occurs when a motorcyclist rides between two lanes of vehicles traveling in the same direction. It often happens in congested areas where riders pass between slower or stopped cars.
Some states recognize a slightly different practice called lane filtering, which involves riding between vehicles that are stopped or moving very slowly.
Both practices can reduce traffic congestion, but they also increase the risk of collisions if drivers do not expect a motorcycle to pass between lanes.
Is Lane Splitting Legal in New York?
As of 2025, lane splitting is illegal in New York.
Specifically, the state’s Vehicle and Traffic Law § 1252 prohibits motorcyclists from:
- Passing another vehicle in the same lane, or
- Operating a motorcycle between lanes of traffic or between rows of vehicles.
The only exception is for law enforcement officers performing official duties. Motorcyclists caught lane splitting can receive traffic citations, fines, and points on their licenses. More importantly, if a crash occurs while lane splitting, it can affect the rider’s ability to recover compensation in an insurance or personal injury claim.
Lawmakers in New York often cite safety concerns when discussing the ban. Drivers in congested traffic typically do not expect motorcycles to move between lanes, and sudden lane changes can result in serious injuries.
The New York State Department of Motor Vehicles and local police departments emphasize that all vehicles, including motorcycles, must remain within their designated lanes unless making a legal lane change.
Where Is Lane Splitting Legal in the United States?
Lane splitting is illegal in New York, but a few states have legalized it under specific conditions.
As of 2025, some states where lane splitting is legal include:
- California: California allows lane splitting. The California Highway Patrol provides safety guidelines, such as keeping speed differences to less than 10 miles per hour compared to surrounding traffic.
- Utah: Utah allows lane filtering on roads with speed limits of 45 mph or less when traffic is stopped and the motorcycle moves under 15 mph.
- Montana: Montana legalized lane filtering in 2021 under similar speed restrictions.
- Arizona: Arizona allows filtering between stopped vehicles at low speeds of less than 45 miles per hour.
- Colorado: Colorado began permitting lane filtering in 2024 when traffic is stopped, although full lane splitting remains banned.
Most other states, including New York, Texas, Virginia, and Illinois, prohibit lane splitting and lane filtering altogether.
How Does Lane Splitting Affect Accident Claims?
Since lane splitting is illegal in New York, it means insurance companies often argue that a motorcyclist who is lane splitting and involved in an accident is at least partly responsible for the crash.
This argument does not automatically prevent an injured rider from recovering compensation because New York follows a pure comparative negligence rule. Under this rule, fault is usually divided between all parties that may be partially liable, and a victim’s compensation may be reduced by their percentage of fault.
For example:
- If a rider is found to be 30% at fault for lane splitting, their compensation may be reduced by 30%.
- The other driver can still be held responsible if they were distracted, speeding, or failed to check their mirrors before changing lanes.
An experienced Brooklyn motorcycle accident lawyer can collect evidence, such as dashcam footage or witness statements, to demonstrate that lane splitting was not the primary cause of the accident.
Contact Our Brooklyn Motorcycle Accident Lawyers at Rosenbaum Personal Injury Lawyers for a Free Consultation
If you were hurt in a motorcycle accident in New York, whether lane splitting was involved or not, you do not have to face the legal process alone. An experienced Brooklyn motorcycle accident lawyer from Rosenbaum Personal Injury Lawyers can review your case, explain your options, and help you pursue the full compensation you deserve.
Call our firm today for a free consultation to evaluate your claim, answer questions, and help you understand how New York law may apply to your situation.
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