“Lane splitting” is the term for when motorcyclists thread their way between two lanes of traffic moving in the same direction. “Lane filtering” is when motorcyclists move between stopped vehicles (usually at a light) to gradually get to the front.
Both are illegal in New Hampshire. Whether you live in this state or are just passing through, this is important for motorcyclists to know. Violating the law can not only get you a ticket. It can have a big impact on your life if you happen to get into an accident.
How lane splitting or lane filtering can affect a personal injury claim
It’s no secret that motorcyclists are uniquely vulnerable to injuries in accidents with larger vehicles. Drivers in cars, SUVs and trucks don’t always check their mirrors and blind spots like they should. A lot of drivers sneak peeks at their cellphones or fiddle with their radios or air conditioning while they’re at lights. That can easily lead to an accident with a motorcyclist who is weaving between lanes or vehicles.
If you’re guilty of lane splitting or lane filtering, the driver who hit you may be able to assert an affirmative defense against your claim – even if they were also negligent. When deciding who should pay up after a motor vehicle wreck, New Hampshire follows a version of comparative fault that looks at each party’s actions and seeks to allocate liability in the fairest way possible.
Under this state’s rules, if you are found to be more than 50% at fault for an accident, you cannot recover any damages in your claim. Even if you are found to be less than 50% liable for your own injuries, any award that you may be due will be reduced according to your allocated percentage of fault. That means, for example, that if you have $100,000 worth of losses but are 40% at fault for the crash because you were lane splitting, you could only collect $60,000.
Regardless of how you end up in a collision on your motorcycle, you have to try to protect yourself against unfair allegations of blame. Legal guidance can help.