Lane splitting, also known as white-lining or stripe-riding, is a maneuver where a motorcyclist rides between two lanes of slow-moving or stopped traffic. This practice is common in heavy traffic conditions, and it’s a topic of debate in many states across the U.S. While some states have explicitly legalized lane splitting, others do not permit it or lack clear laws. In Ohio, lane splitting is illegal.
If you or someone you love is injured in a collision with a car or truck while riding a motorcycle, get strong legal representation to hold the negligent parties liable for maximum damages.
What Ohio Law Says About Lane Splitting
Ohio motorcycle laws do not currently permit lane splitting. The Ohio Revised Code (ORC) Section 4511.55 specifically addresses the rights and responsibilities of motorcyclists on the road, emphasizing that motorcyclists must generally adhere to the same rules of the road as other vehicles.
Under ORC § 4511.55(B), motorcyclists must use their designated lane and are not allowed to “operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.” This statute means that lane splitting is illegal in Ohio.
Legal Consequences of Lane Splitting in Ohio
Ohio law enforcement agencies interpret lane splitting as a violation of the traffic code. Motorcyclists caught lane splitting may face citations for unsafe lane changes, improper passing, or failure to maintain the same lane, depending on the specific circumstances.
These infractions can result in fines, points on a motorcyclist’s driving record, a motorcycle Ohio course for safety, a skills test, and increased insurance rates. Repeated violations may lead to Ohio motorcycle license suspensions or higher penalties.
If a motorcyclist involved in an accident is found to have been lane-splitting at the time of the collision, they may also be deemed partially or fully at fault. This can affect personal injury claims, as Ohio follows a modified comparative negligence rule (ORC § 2315.33).
Under this rule, if a motorcyclist is found to be 51% or more at fault for an accident, they cannot recover damages. Even if they are less than 51% at fault, their compensation will be reduced in proportion to their degree of fault.
The Debate Over Lane Splitting and Motorcycle Safety
Proponents of lane splitting argue that it can help reduce traffic congestion and enhance safety in certain situations. For instance, lane splitting at low speeds, such as in congested traffic, may help motorcyclists avoid rear-end collisions—one of the common types of motorcycle accidents that can be particularly dangerous for riders.
In contrast, opponents believe that lane splitting increases the risk of side-swiping incidents and can be unsettling for other drivers who may not anticipate a motorcyclist maneuvering between lanes.
The National Highway Traffic Safety Administration (NHTSA) and the American Motorcycle Association (AMA) both recognize the potential safety benefits of lane splitting under controlled conditions. However, Ohio legislators have yet to adopt these findings into state law as they believe it increases the risk of a motorcycle accident.
Is Lane Splitting Legal Under Specific Circumstances?
In Ohio, lane splitting remains uniformly illegal, with no specific allowances made for varying circumstances such as low-speed traffic or emergencies. Motorcyclists are required to abide by the standard lane usage laws at all times.
However, there is legal ambiguity regarding specific instances like slow-moving traffic jams or highway congestion, leading some advocates to push for a pilot program to test controlled lane-splitting conditions in urban areas.
Lane Splitting vs. Lane Filtering: What’s the Difference?
Some states differentiate between lane-splitting laws and lane filtering. Lane filtering is typically a low-speed maneuver where motorcyclists filter through stopped or slow-moving vehicles, usually at intersections. While illegal in Ohio, lane filtering is generally seen as a safer alternative to high-speed lane splitting.
However, Ohio law does not make this distinction, and any form of maneuvering between lanes remains prohibited. Notably, lane sharing is permitted in Ohio where two motorcycles can ride side by side in the same lane.
Can an Injured Motorcyclist Recover Compensation in a Lane Splitting Accident in Ohio?
In Ohio, recovering compensation for a motorcyclist injured in an accident while lane splitting can be challenging but is not impossible. Whether or not a motorcyclist can recover damages may depend on how fault is determined under Ohio’s modified comparative negligence rule as well as the skills and experience of the motorcycle accident lawyer in Ohio representing the injured victim.
Determining Comparative Negligence in Lane-Splitting Accidents
Ohio’s comparative negligence law allows the injured party to recover damages reduced by their degree of fault, provided their fault is not greater than 50%. If the court finds that the motorcyclist was partly at fault due to lane splitting, their compensation could be reduced by a percentage.
For example, if the motorcyclist is deemed 30% at fault and the total damages are $400,000, they would still recover $280,000 after a 30% reduction. However, if the motorcyclist is found to be 51% or more at fault, they would be barred from receiving any compensation.
Evidence an Ohio Motorcycle Accident Attorney Will Collect
To prove liability in an Ohio lane-splitting accident, an experienced Ohio motor vehicles attorney will collect various types of evidence, including:
- Accident Scene Photos and Videos: Photos or videos of the accident scene showing vehicle positions, skid marks, traffic signs, and weather conditions can offer key insights. If available, nearby traffic or security cameras may also provide footage of the moments leading up to the collision.
- Eyewitness Statements: Testimonies from witnesses who saw the accident can help support the motorcyclist’s account, especially if they observed erratic or negligent behavior from the other driver, such as distracted driving, abrupt lane changes, or failure to signal.
- Police Report: The police report often includes valuable details on how the accident occurred, preliminary fault determinations, and citations issued. If the report attributes fault to the other driver, this can be beneficial to the motorcyclist’s claim, even if the motorcyclist was lane-splitting.
- Vehicle Damage Analysis: Examining damage patterns on both vehicles can indicate how the impact occurred, supporting arguments that the other driver may have contributed to the accident.
- Expert Testimony: In a personal injury claim, accident reconstruction experts may be called upon to demonstrate how the accident likely occurred. Medical experts can provide insights into the extent of injuries, which are important for calculating damages.
Legal Arguments to Prove Liability and Recover Damages
To maximize the chances of compensation, a motorcycle accident attorney in Ohio will use the following arguments and strategies:
Highlighting the Other Driver’s Negligence
Attorneys can argue that the other driver engaged in behaviors such as distracted driving, aggressive lane changes, speeding, or failure to signal, which directly contributed to the accident. Even with the motorcyclist lane splitting, showing the other driver’s primary fault may outweigh the motorcyclist’s actions.
Establishing Proximate Cause
An attorney can demonstrate that the other driver’s negligent or reckless actions were the proximate cause of the accident. For instance, if the driver suddenly changed lanes without checking blind spots or signaling, they could be held liable for failing to exercise reasonable care, which is central to determining fault.
Emphasizing Ohio’s Comparative Negligence Law
An attorney can argue for a reasonable distribution of fault that favors the motorcyclist. They will aim to limit the motorcyclist’s assigned fault to less than 51% to ensure eligibility for compensation. This involves presenting evidence that any risky behavior on the motorcyclist’s part was not the primary cause of the accident.
Countering Bias Against Motorcyclists
Insurance adjusters and the defendant may argue that motorcyclists are inherent risk-takers, and the injured biker assumed all risk by lane splitting. An attorney can challenge this bias by underscoring the other driver’s duty to watch for motorcyclists and by showing that the motorcyclist followed the law and acted responsibly.
Demonstrating Damages and Financial Losses
An attorney can provide extensive evidence of the motorcyclist’s injuries, medical expenses, lost wages, and any future financial impacts due to long-term disability or rehabilitation needs. If the injuries are severe, the attorney may argue for damages beyond economic costs, including pain and suffering.
Our Experienced Ohio Motorcycle Accident Lawyers Will Fight to Maximize Your Compensation
If you have suffered injuries in a motorcycle accident in Ohio, you need a dedicated personal injury lawyer on your side to recover compensation. At The Henry Law Firm, Ohio motorcycle accident attorney Eric Henry brings years of experience, proven trial success, and a client-centered approach to every case.
Known for making multi-million dollar recoveries for clients, even in cases others thought impossible, Eric Henry will fight to maximize the compensation you need to rebuild your life. Reach out to us today and let us put our tenacity, resources, and legal skills to work for you. To schedule your free consultation, call us at (440) 337-0083 or contact us online.
