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Lane-Splitting Laws in Illinois: What Happens When a Motorcycle Is Hit While Filtering?
Traffic in Chicago can be stressful, especially during rush hour when slow-moving traffic makes getting anywhere difficult. Many motorcycle riders try to move between lanes to avoid congestion, a practice called lane-splitting or filtering. But in Illinois, this can create serious legal and safety concerns when a motorcycle is hit while trying to bypass traffic.
Conboy Law helps injured riders understand their rights under Illinois law. Our experienced Illinois motorcycle accident attorney handles motorcycle accident cases involving lane-splitting and other motorcycle crashes.
We work hard to help riders recover compensation after being hit by other vehicles, even when lane-splitting is illegal. If you were hurt in a motorcycle lane-splitting accident, our legal team can guide you through the claims process and help protect your rights.
Is Lane-Splitting Legal in Illinois?
Currently, Illinois law does not permit lane-splitting or lane filtering. Under 625 ILCS 5/11-703(c), motorcyclists must not overtake or pass vehicles in the same lane. This means that lane-splitting motorcycle riders moving between two vehicles simultaneously can face fines or legal penalties.
What Illinois Law Says About Motorcycle Lane Use
Illinois law requires motorcycles to stay in their own lane and follow the same traffic rules as cars. It prohibits side-by-side riding or splitting lanes in congested traffic. A motorcyclist must ride safely within one lane and cannot ride between two lanes of traffic going in the same direction.
How Illinois Differs from Other States
| State | Lane-Splitting Legal? | Notes |
|---|---|---|
| Illinois | No | Lane-splitting is explicitly prohibited under Illinois law. |
| California | Yes | Lane-splitting is legal and regulated for safety. |
| Arizona | Limited | Lane filtering legal only at slow speeds and stopped traffic. |
| Texas | No | Lane-splitting remains illegal, though proposals exist. |
| Utah | Limited | Lane filtering allowed under specific low-speed conditions. |
Understanding Lane-Splitting and Motorcycle “Filtering”
Lane-splitting and filtering both involve a motorcycle moving between vehicles in the same direction, usually during heavy traffic or stopped vehicles. These actions can be extremely dangerous because other drivers may not expect a motorcycle to pass between lanes, leading to motorcycle crashes or rear-end collisions.
The Difference Between Lane-Splitting and Filtering
Lane-splitting happens when a motorcyclist rides between two lanes of traffic moving at normal speeds. Lane filtering, on the other hand, happens when motorcycles split lanes between stopped or slow-moving traffic. Both are illegal in Illinois, even when riders move at a slow speed to avoid congested traffic.
What Happens If You’re Hit While Lane-Splitting in Illinois?
If you’re injured in a lane-splitting accident, you still may have a right to recover compensation. Illinois law allows injured riders to file a motorcycle accident injury claim, even if they were partly at fault, depending on the circumstances surrounding the crash.
Illinois Comparative Negligence Rule
Under the Illinois Comparative Negligence Rule (735 ILCS 5/2-1116), a motorcyclist can still recover compensation after an accident even if they were partly at fault. As long as the rider is found to be less than 50% responsible, they may receive financial recovery for their injuries and losses. However, the total amount is reduced by their percentage of fault.
For example, if a motorcyclist’s damages are valued at $100,000 and they are found to be 30% at fault, they can still recover $70,000. This law gives riders in Illinois motorcycle accident cases a fair chance to recover money, even when lane-splitting played a role in the crash.
Determining Fault in a Lane-Splitting Crash
Fault depends on how the crash happened. Police reports, witness statements, and video from surrounding vehicles can show who caused the lane-splitting impact. If a car driver made a sudden lane change or ignored blind spots, they may still share blame.
When the Other Driver May Still Be Liable
Even if lane-splitting were illegal, a driver can still be responsible if they:
- Made an improper lane change without checking mirrors
- Opened a door into a rider’s path (625 ILCS 5/11-1407)
- Followed too closely or made a sudden maneuver
Drivers must look out for all road users, including two-wheeled vehicles like motorcycles.
Common Injuries in Lane-Splitting Accidents
Motorcycle lane-splitting accidents often cause serious injuries because riders have little protection. Even at slow speeds, a collision with other vehicles or stationary traffic can cause life-changing harm.
Typical Injuries from Filtering or Lane-Splitting Crashes
- Broken Bones: Common in arms, legs, and ribs from hitting the road or another vehicle.
- Head Injuries: Traumatic brain injuries may occur if the helmet is damaged.
- Spinal Cord Injuries: Can lead to paralysis or long-term pain.
- Road Rash: Painful scrapes from sliding across the pavement.
- Internal Injuries: Damage to organs caused by a hard impact with another car or object.
Long-Term Effects and Recovery
Riders often face long-term recovery involving surgeries, physical therapy, and emotional trauma. Some riders never regain full mobility, making financial recovery through a lane-splitting claim essential.
Steps to Take After a Lane-Splitting Accident in Illinois
If you were hit while lane-splitting or filtering in Illinois, taking quick action can protect your legal rights. Here are the steps that can strengthen your personal injury case and help your attorney gather important evidence:
Move to Safety and Call 911
After a motorcycle accident, your first step should always be safety. Move yourself and your motorcycle out of traffic if you can do so safely. Call 911 right away so police and emergency responders can arrive to help. A police report is very important because it records how the lane-splitting motorcycle accident happened and who was involved.
Document the Scene
If you are able, take photos and videos of the accident scene before vehicles are moved. Capture the positions of other vehicles, traffic lights, and any visible road damage. Include close-up pictures of your motorcycle, your injuries, and any skid marks or debris. These details can help your attorney prove how the crash occurred and who caused it.
Seek Medical Attention Right Away
Even if you feel fine, it is critical to get checked by a doctor immediately after the crash. Some motorcycle accident injuries, such as head or spinal injuries, may not show symptoms right away. Early medical attention protects your health and creates medical records that support your motorcycle accident injury claim.
Notify Your Insurance Company -- Carefully
You must report the accident to your insurance company soon after it happens. However, be careful about what you say and avoid admitting fault. The insurance company may try to use your words against you. Let your personal injury attorney handle communication with insurance adjusters to protect your rights and maximize your recovery.
Contact a Chicago Motorcycle Accident Lawyer
After any motorcycle lane-splitting crash, it is best to talk to an experienced personal injury attorney. A lawyer from Conboy Law can explain lane-splitting laws in Illinois, gather important evidence, and file your claim for you. They can negotiate with the insurance company and help you recover fair compensation for medical bills, lost income, and pain and suffering.
Frequently Asked Questions (FAQs)
Is lane splitting illegal in Illinois?
Yes. Illinois lane splitting is not allowed under state law. Lane splitting is illegal in Illinois, even when traffic is stopped or moving slowly.
Can motorcyclists lane split in slow traffic or near the speed limit?
No. Even during slow traffic, motorcyclists cannot lane split or pass vehicles proceeding in the same direction. Riders must stay within one lane and follow the speed limit to avoid car accidents.
What happens if a rider gets caught lane-splitting in Illinois?
Because lane splitting is illegal in Illinois, a motorcyclist may face fines, penalties, or even up to one year of license suspension for repeated violations.
Why do experts say safe lane splitting is difficult?
Safe lane splitting is almost impossible because other motorists can change lanes suddenly without warning. These quick moves often cause severe injuries to lane-splitting motorcyclists in heavy traffic.
Would making lane splitting legal reduce traffic congestion?
Some people believe making lane splitting legal could help reduce traffic congestion. However, Illinois law focuses on safety since lane splitting can cause road rage and dangerous crashes between vehicles riding side by side.
What is lane sharing, and is it allowed in Illinois?
Lane sharing means two motorcycles ride side by side in the same lane. While it may seem safe, Illinois law discourages it because it reduces space and makes it harder for each rider to keep an unobstructed lane.
What do lane splitting and lane filtering laws say about an unobstructed lane?
Lane splitting and lane filtering laws in Illinois require every motorcycle to stay in its own unobstructed lane. Riders cannot legally ride between vehicles or share space with cars in the same lane.
Schedule a Free Consultation with Our Chicago Motorcycle Accident Lawyer Today
If you were hurt in a motorcycle crash while lane-splitting or filtering, you still have legal rights. Conboy Law understands how confusing lane-splitting laws can be in Illinois. Our team has handled many lane-splitting cases and knows how to protect injured riders from unfair blame.
We carefully review the police report, witness statements, and all evidence to build a strong personal injury case. Our goal is to help you recover full compensation for medical bills, lost wages, and pain and suffering. Contact us today for a free consultation to learn how we can help you move forward after a serious crash.
