A lane-splitting accident can leave you dealing with painful injuries and an insurer that has already decided the crash was all your fault. If you were riding a motorcycle between lanes of stopped or slow traffic when another motorist hit you, you might assume that you have no grounds for an injury claim, but that’s not necessarily true.
A Philadelphia lane-splitting motorcycle accident lawyer at The Levin Firm can analyze what happened, identify the actual cause of the collision, determine who should be held liable, and fight for the compensation you deserve.
We built our practice with a single goal in mind: helping injured people seek the full compensation they deserve for their injuries and related losses. If you were hurt in a lane-splitting wreck, contact our Philadelphia motorcycle accident attorneys now for a free consultation to learn more about how we can help with your recovery.
How a Philadelphia Lane-Splitting Motorcycle Accident Lawyer Can Help
In the aftermath of a lane-splitting accident, insurance companies often move quickly to shift the blame onto the motorcyclist. They know that riders often do not realize they still have legal options even if they violated a minor traffic law at the time of the collision. Our motorcycle accident lawyers in Philadelphia can explain your actual options and level the playing field in your favor.
When you come to The Levin Firm for help after an accident, our attorneys will get to work investigating the crash scene to gather witness statements and other evidence. In some cases, we may also work with accident reconstruction experts to establish exactly how the collision occurred. We handle every conversation with the insurance company, so you are free to focus on your recovery. Because we handle cases on a contingency-fee basis, you will owe us nothing unless we secure compensation for you.
We believe our results speak for themselves. For example, in one of our recent cases, a tractor-trailer operator ran a stop sign and crashed head-on into our client’s vehicle. She suffered multiple life-threatening injuries, required emergency helicopter transport, and lost several feet of her intestines to surgery. We secured $2.5 million for her, the full amount of all available insurance for her claim.
Results like those reflect the kind of dedication we bring to every catastrophic injury claim we handle. Other examples of results we have achieved include:
- $10.5 million for a minor child who suffered a traumatic brain injury and multiple broken bones after a delivery truck driver caused a highway pile-up
- $10 million for a child who suffered third-degree burns from a landlord’s defective water heater
- $9.5 million for a man left quadriplegic after poor lighting caused him to fall during a fire alarm
- $3 million for a worker who suffered catastrophic leg fractures during a van rollover accident
Prior results do not guarantee a similar outcome in any future case, since every claim is unique. However, they do demonstrate our commitment to full accountability for those who have harmed our clients.
Our clients consistently tell us what sets The Levin Firm apart. For example, one of our past clients wrote:
“I was hit by an uninsured motorist and was recommended to The Levin Firm Personal Injury Lawyers by a close friend. I am So glad we went with The Levin Firm Personal Injury Lawyers. Megan, our paralegal was AMAZING! She consistently updated me on my case. She also answered my numerous questions I had about this process. My attorney, Gabe, fought to ensure we got the compensation I deserved. I highly recommend The Levin Firm Personal Injury Lawyers.” – Melissa S.
Attorney Gabriel Levin has been recognized by Super Lawyers every year from 2010 through 2024 and honored on the Top 40 Under 40 list. Our firm has also achieved a 10.0 Superb Avvo rating. When you hire our firm, you get an attorney other lawyers respect and insurance companies take seriously.
Is Lane-Splitting Legal in Pennsylvania?
Is lane-splitting legal in Pennsylvania? The answer is no. Pennsylvania law clearly prohibits motorcyclists from operating between traffic lanes or between lines or rows of vehicles.
Lane-splitting is different from lane-sharing, and Pennsylvania treats the practices differently. Lane-sharing refers to two motorcycles riding side by side within a single lane, and state law expressly permits it. Pennsylvania also grants every motorcycle the full use of an entire lane and prohibits other drivers from operating in a way that denies riders that space.
Lane-splitting, on the other hand, involves a motorcyclist riding between two lanes of traffic rather than within one lane. State law prohibits that kind of maneuver, regardless of traffic conditions.
However, an actual or alleged traffic violation does not automatically eliminate your right to recover any compensation after an accident. Pennsylvania’s comparative negligence framework accounts for cases where more than one party contributes to a crash. Lane-splitting motorcycle riders can still recover meaningful settlements or verdicts from other at-fault parties in some situations.
Can You Still Recover Compensation If You Were Lane-Splitting?
Yes, in many cases, you can. Under Pennsylvania’s modified comparative negligence rule, you can recover compensation from other at-fault parties as long as your share of fault for the accident does not exceed 50 percent. Comparative negligence in Pennsylvania works by reducing your compensation in proportion to your share of fault, rather than eliminating your claim outright.
For example, if the court finds you 20 percent at fault for a lane-splitting accident, you could still recover some compensation. The court would simply reduce your total payout by 20 percent. Our experienced attorneys can develop the evidence necessary to minimize your assigned percentage of fault and maximize your compensation from the other driver’s insurance company.
Why Insurance Companies Try to Blame Injured Motorcyclists
Insurance companies have a financial incentive to pin as much fault as possible on you, since every percentage point of assigned fault reduces how much they owe. As a result, an insurance adjuster will likely seize on the fact that you were allegedly lane-splitting and use it to argue that you contributed to the crash.
The tactic often works because many motorcycle riders do not know their rights and settle quickly for far less than their claim is worth, thinking they are lucky to get anything at all. Insurance companies count on that lack of knowledge.
A skilled attorney from The Levin Firm can counter these types of arguments with evidence and expert testimony that clearly demonstrate how the other driver’s actions caused the crash. We don’t let an insurance company’s narrative go unchallenged.
What Compensation Can You Recover After a Lane-Splitting Accident?
Pennsylvania’s choice no-fault auto insurance system requires most drivers to choose between full tort and limited tort coverage, which directly affects how much they can recover after a crash. However, that framework does not apply to motorcyclists in the same way it applies to passenger vehicle operators.
State law excludes motorcycles from the first-party benefits that apply to other vehicles, so motorcyclists cannot collect first-party benefits under Pennsylvania’s no-fault provisions at all. That means that motorcycle accident claims typically proceed as fault-based claims against the drivers who cause the crashes, rather than through the no-fault system that governs many car accident claims. In other words, you typically need to file a claim against the other driver rather than through your own insurance provider to recover compensation after a lane-splitting accident.
Depending on the facts of the case, motorcycle crash victims could recover fair compensation from the at-fault driver’s insurance policy for the following types of crash-related losses:
- Current and future hospital bills and other medical expenses
- Lost wages and other income losses
- Reduced earning capacity
- Pain, suffering, and diminished quality of life
- Out-of-pocket expenses
- Property damage costs
When you choose The Levin Firm, our attorneys will calculate the full value of your claim before we negotiate with the insurance company or go to trial, so you don’t leave any money on the table.
What Causes Lane-Splitting Motorcycle Accidents in Philadelphia?
Several factors can contribute to lane-splitting accidents on Philadelphia’s congested streets and highways. Common causes include:
- Failure to check mirrors or blind spots – Some drivers change lanes without checking for motorcycles that may suddenly appear between vehicles in heavy traffic.
- Distracted driving – Texting or scrolling during stop-and-go traffic can prevent drivers from noticing nearby motorcyclists until it is too late.
- Unsignaled lane changes – Drivers who make sudden movements without using turn signals give motorcyclists little to no warning or time to react.
- Dooring incidents – Vehicle occupants who open their doors without checking their surroundings can create unavoidable obstacles for motorcycle riders.
- Aggressive merging near highway exits and on ramps – Drivers who are rushing to exit or merge onto freeways like I-76, I-95, I-676, and I-276 are more likely to make quick, careless lane changes that put motorcyclists at risk.How Long Do You
Have to File a Motorcycle Injury Claim in Pennsylvania?
Pennsylvania generally gives you two years from the date of an accident to file a personal injury lawsuit against a responsible party. If you miss the deadline, you could be barred from recovering compensation through the court system, regardless of how strong your underlying case might otherwise be.
Certain circumstances can shorten or extend the filing window, so it is best to speak with our attorneys as soon as possible after any accident to protect your rights.
Contact Our Philadelphia Lane-Splitting Motorcycle Accident Lawyers
If you sustained severe injuries in a motorcycle crash, do not assume that you are out of options just because the other driver claims you were lane-splitting. Pennsylvania law may allow you to recover compensation even if the facts are in dispute.
The Philadelphia lane-splitting motorcycle accident lawyers at The Levin Firm stand ready to review the accident, explain your options in plain language, and fight for every dollar you’re owed.
Contact us today to get started with your free consultation with a Philadelphia motorcycle accident lawyer at our law firm.